FAA complaint against David Robinson

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    U.S, Deportment

    of

    Trorportqtlon

    Federol

    Aviolion

    Administrolion

    March

    17,

    20]-0

    Souhwest

    Region

    Arkansas.

    Lousiana.

    New Mexico,

    Oklahoma

    Texas

    Ofice

    of

    Regional Counsel

    2601 Meacham

    Blvd.

    Fort

    Worth, TX

    761

    37-0007

    (81

    7)

    222-5099

    181

    7't

    222-5945 I

    50

    92 FAX

    Case

    Nunber : 20095W290175

    Regrlar

    fifall &

    .

    CERIFID fAII

    -

    Return,

    F,eceip

    Requested

    I"fr.

    avid

    Huner

    Robinson

    ORDER.

    SSESSIIG

    CMI

    PEifTY

    On Sept.ernber

    76,

    2009,

    you

    were

    advised

    through

    a NoE.ice

    of Proposed

    Civil

    PenalEy

    thaE

    the

    FA.A.

    Broposed

    to

    assess

    a

    civil.

    penal.y

    in

    he

    amount

    of

    $5,000.00.

    However, aft.er

    further

    review

    and consideration

    it is

    determined

    to

    accept

    your

    agreed

    sectlemert

    of

    91,000.00

    with

    payment.

    by

    promissory

    note,

    in

    this mat.ter.

    After

    considering

    all

    the

    evidence

    in this

    matter,

    including informaEion from

    the

    informal

    conference heLd

    on December

    8,

    2009,

    the forrowing incrudes

    that:

    On

    March

    I0,

    2009,

    you

    lvere

    a

    passeng'er

    aboard

    SouthwesE

    irlnes,

    fligrht

    33?,

    ar air

    carrier

    operatng

    from

    Birrningham, Alabama

    (BHM),

    to Jacksonville,

    Florida

    (rlAxl.

    During

    the

    passenger

    boarding

    process,

    you

    made

    your

    vray to

    the

    back

    of

    the

    aircraft,

    ad

    made

    an

    apologiy

    to

    f-ight

    aEEendant B because

    ofan

    inappropriae

    conment

    you

    had

    made .o

    her

    earLier

    when

    you

    \rere

    boarding.

    fter

    flighE

    attendant

    B finished

    the

    safety Demonstration,

    you

    went

    to the back

    ga11ey

    aqain,

    ad

    asked

    her

    out.

    She

    t.old

    you

    Ehanks but

    no

    hanks

    and

    you

    were

    told.

    to ret:rn

    to

    your

    seat

    Again, while

    the

    seat belt

    sigrn was

    illuminaEed

    you got

    ouL

    of

    your

    seat, and

    frigh

    aEtendant

    instructed you

    to

    return Eo

    your

    sea.

    You continued

    t.o Ery

    t.alking

    with flight

    attendant B, and EoId her

    you

    had

    a surrrise

    f

    or

    her

    J-n

    your

    pants.

    FligrhE

    aEtendat

    B

    EoId

    you

    EhaE

    you

    were

    oue-of-line,

    and ehat

    you

    needed

    to

    sEop

    trying

    t,o

    talk wifh

    her using

    obscene

    \,ulgar

    langnrage.

    FlighE

    aLtendant

    B

    was

    distracted

    from

    her

    normal flight duies

    because

    you

    continued

    trying

    to

    make

    conversaEion

    witb

    her.

    t/hile

    fJ.ighr

    attendant

    B was

    serving drinks

    in

    the

    front of

    the

    plane.

    you

    all-of-a-sudden,

    grabbed

    her

    from behnd.

    L.

    )

    3.

    4.

    5.

    6.

    7.

    8.

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    9. Fright

    attendant

    B

    Lol-d

    lzou

    to

    return

    to

    your

    seat,

    and

    informed

    you

    that.

    the

    seat

    belt.

    sigrn

    was on.

    l-0

    -

    You

    did

    not

    return

    to

    your

    seat.

    at,

    that.

    pont-in:time

    but tried

    to

    huq

    her.

    11-.

    The

    f1ght

    attendant

    pushed

    again,

    and

    she

    t.o1d

    you

    not

    12.

    You

    contnued

    trying

    o

    hug

    continued

    to

    push

    you

    away.

    l-3.

    Then,

    you

    tried

    to

    gral

    her

    defending

    herself,

    from

    you.

    you

    off

    because

    you

    tried

    o

    hug her

    to

    t,ouch

    her.

    flight

    attendant

    B, and again

    she

    yanked

    her hand

    avay,

    take

    your

    seat

    or she

    refused

    to

    serve

    you

    alcohol, and

    you

    made

    get

    them

    fired

    because

    you

    worked

    for

    the

    hand,

    except

    she

    L4.

    At

    that

    point,

    f1ght

    at.tendant

    B

    told

    you

    to

    would

    inform

    he

    Captain

    of

    your

    behavior.

    17. All

    three

    flight

    attendant

    threats

    that were

    going

    to

    Goverrunen.

    L5.

    Because

    of

    your

    harassing

    behavior

    and.

    your

    physical

    assault to flight

    attendant

    B, flight

    attendant

    A

    & B

    exchanged

    assigned.

    duty

    positions

    n

    an

    attempt

    for

    B

    t.o

    get

    away

    from

    you.

    l-6.

    You

    then

    went

    to

    the

    back

    of

    the

    plane

    and

    asked flght

    attend.ant

    C

    for

    an

    alcoholic

    beverage

    and

    because

    you

    appeared

    to

    be

    intoxicated

    were

    refused

    alcohol_

    l-8.

    You

    int.erfered

    with

    the flight

    crew

    in

    their

    normal

    flight.

    duties when

    you

    would

    not

    remain

    seated

    while

    the

    seat. belt sigrn was on, and

    your

    continual

    efforts

    to intimidate

    flight

    att.endant

    B.

    1-9.

    Upon

    arrival,

    you

    were

    detained

    by law

    enforcement in ,facksonville.

    By

    reason

    of the

    foregoingr

    facts

    ard

    circumstances you

    violated

    Section

    121-.580,

    of

    the

    FAR

    in

    that

    no

    person

    may

    assault,

    threat,en,

    intimidae,

    or

    inLerfere

    with

    a

    crewmeniber

    in

    the

    performance

    of

    the crewmeniber,s duties

    aboard

    an

    aircraft

    being

    operated

    under

    this

    part.

    under

    49

    u.s.c.

    s46301-

    you

    are

    lia-ble

    for

    a

    civir

    penalty

    noE

    to exceed.

    $l-L,000.00

    for

    each

    of the

    Federal

    avat,ion

    Regnrlat,on

    violaLions.

    By reason

    of the

    foregoing

    facts

    and

    crcumstrances,

    \de

    proposed

    to

    assess

    a civil

    penalty

    in

    the amount.

    of

    $5,000.00.

    However,

    the

    Financial

    Statement

    of ebtor

    you

    submitted dated

    Decenlcer

    20, 2009,

    shows

    tha

    you

    currently

    have

    a

    financial

    hardship

    and

    as an

    agreed

    setlement.

    you

    will

    pay

    a lower civil

    penalty

    amount

    of

    $1-,000.00

    bypromissory

    note

    d.uring

    a

    1O-month

    timeframe,

    at

    9100.00

    month.

    The

    civiL

    penalty

    is

    waived

    in

    the

    amount

    of

    $4,000.00,

    leaving a

    bal-arce

    due

    in

    the amount

    of

    $1,000.00.

    NOVV,

    IT IS

    ORDERED'

    Pursuant

    to

    49

    U.S.C.

    46301,

    by reason of the foregoing

    facts

    and

    circumstances,

    it,

    is determned you

    pay

    a civil

    penalty

    in

    the

    amount

    of

    $1-,000.00,

    in

    order

    t,o

    settle

    this

    matter.

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    You

    are

    hereby

    ordered

    to

    pay,

    as

    detailed

    in

    the

    promissory

    Note, the

    assessed

    anount

    by

    mailing

    or

    delivering

    a certified

    check

    or money order,

    $100.00

    each

    over

    L0-months

    beginning

    May

    1, 201,0,

    or until

    gl-,000.00

    is

    fu1ly

    paid,

    payable

    to

    "Federal

    Aviat.ion

    Administration"

    please

    include

    your

    case number

    2009SVrI290Lj5

    on

    your

    payment

    inst,rumenE.

    Addressed

    to:

    OT/FAA/MMAC

    Attn:

    Tina

    Le

    Accourtts

    Receivable,

    AMZ-350

    P.O.

    Box

    25770

    OkLahoma

    Cty,

    OK

    731-25-4915

    The amount

    of

    civil

    penalty

    assessed

    in this

    order

    constitutes

    a debt

    owed.

    to

    the United.

    Stat.es.

    You

    have

    now

    exhausted

    your

    right

    to

    seek

    review

    of the

    validity

    or amourrt

    of ths

    debt.

    If

    this

    debt

    is

    not

    paid

    in full within

    30

    days

    of

    your

    receipt

    of this

    letter,

    the

    debt

    is

    considered delinquent.

    For delinquent

    debts,

    Federal

    Regulation

    (49

    C.F.R.

    Section

    89.23)

    requires

    us

    to

    charge

    nteres,

    from

    the

    date

    of this

    Order,

    at a

    fixed.

    annual

    rate of lt,

    along

    with

    an administratve

    charge

    of

    $1-2

    per

    monh,

    representing

    our

    costs

    of

    adminsrative

    collection.

    Furthermore,

    if the

    full amount

    assessed is not

    paid

    in

    futl

    within

    L20

    days

    of

    your

    receipt

    of this letter,

    we are required

    to

    assess

    an

    additional

    penalty

    at

    an annual

    rat,e

    of

    3.252, accruing from

    the date

    of

    delinquency.

    Delinquen

    debts

    may

    be reported

    to

    consmer

    report.ing

    agencies

    or

    conrnercial

    credit

    bureaus,

    which

    could

    adversely

    affect

    your

    credit

    rating.

    Nonpalment.

    of

    this

    debt

    may

    ultimately

    resuLt

    in

    a

    referral

    to

    a

    collection

    ag:ency,

    the

    fnternal

    Revenue

    Service,

    or

    the

    United

    SLates

    Department

    of

    .Iustice

    for

    enforced

    collecLion.

    LYNETTE

    V\7ORD

    Regrional

    Counsel

    Southwest.

    Region

    By:

    Yolanda

    Ayala

    Attorney

    Safety

    Enforcement

    Branch

    (8L7)

    222-5070

    :

    FAx

    (81-7)

    222-594s/5092

    Email

    :

    yolanda.

    a.

    bernaIGFAA.

    qov

    YBlgtI