Getting the Business Back

Air Trek officials optimistic NTSB will allow them to return to air ambulance biz

Comments Winton, “In this particular case, during the closing argument, we argued why this case is different from other cases in which revocation was found. We cited two other cases, and those also were my cases. So, here I am before a judge arguing two cases I handled, telling you why this one doesn’t apply and you should not find revocation. Ultimately, the judge agreed.”

Winton says he is optimistic about the outcome. “FAA has 50 days to actually file an appeal brief,” he explains. “The likelihood of them continuing with the appeal brief is slim, I think. The people who make the decision are at FAA headquarters, and once they read the judge’s written decision they may reconsider.”

Central to the judge’s ruling was his issue with the credibility of witnesses, says Winton.

“The judge did make a lot of what they call credibility findings on the part of the witnesses; specifically, on an appeal the NTSB will not overturn the law judge’s credibility determinations, because the NTSB says the judge was in a better position to view the person as they testified to determine whether or not they were telling the truth.

“The legal issues in which they can appeal are pretty limited. I think the FAA will withdraw their appeal; or, if they do go through with the filing of an appeal brief, they would not win with that.”
Both Carr and Winton relate that they see it as FAA having an overheated inspection regime of late.

Comments Carr, “This whole ordeal has been nothing but the FAA dragging us out. Quite frankly, I’m convinced that this is part of their modus operandi. If they can’t put you out of business with their trumped up accusations, then they’ll put you out of business by just dragging it out.”

* * *

[Air Trek was the subject of a “Business Profile” in the January/February 2005 issue of AIRPORT BUSINESS, which can be accessed at]

We Recommend