FAA Proposes $15.7 Million Penalty Against Aery Aviation LLC of Virginia

WASHINGTON - The Federal Aviation Administration (FAA) proposes a $15,744,352.50 civil penalty against Aery Aviation LLC of Newport News, Virginia, for unsafe operations using unairworthy aircraft.

The FAA alleges Aery installed equipment on various Learjets for banner- and target-tow operations without performing the required maintenance or maintaining the required documentation. The equipment installation required the aircraft to be placed in a restricted category under which they could not be flown over densely populated areas, in congested airways, or near airports that serve passengers without an FAA waiver. Additionally, Aery was required to document that maintenance personnel had approved the aircraft for return to service following the installations and placement into the restricted category.

The FAA alleges Aery failed to obtain restricted-category airworthiness certificates for the aircraft and operated them on 431 flights between July 2021 and April 2022 without the required airworthiness certificates. During that time, Aery also operated 945 flights with target-tow and/or electronic-warfare equipment installed despite not having obtained a waiver from the FAA for that type of operation.

Most of the flights took place near the Newport-News Williamsburg Airport (PHF) Class D airspace. PHF has extensive passenger operations, and the airspace is congested.

Aery's operations using unairworthy aircraft were careless or reckless so as to endanger lives or property of others, the FAA alleges.

Aery has 30 days after receiving the FAA's enforcement letter to respond to the agency.