Opinion

Robert J. Jones v. Civil Aeronautics Board and Administrator of the Federal Aviation Agency

  • 332 F.2d 717
Court
Court of Appeals for the D.C. Circuit
Filed
Jun 10, 1964
Status
Published
On the bench
Fahy, Danaher, McGowan
Cited by
0 cases
Authority
More cited than 66.0%

The opinion

PER CURIAM.

The Civil Aeronautics Board, affirming an order of the Administrator of the Federal Aviation Agency, revoked the airline transport pilot rating privileges of petitioner, thus depriving him of authority to serve as pilot-in-command of airline transport (large passenger-carrying commercial) aircraft, but not otherwise affecting his pilot status. The Board’s order was based on findings made after hearings and procedures in which we find no error. The Board found that petitioner had violated two Civil Air Regulations, one providing that “no aircraft shall be flown into known or probable heavy icing conditions. * * 1 the other providing that “no person shall operate an aircraft in a careless or reckless manner so as to endanger the life or property of others.” 2

On the flight which led to the revocation petitioner skilfully piloted to its destination a plane with 47 passengers aboard and safely landed it. Notwithstanding this, evidence amply supports the findings of the Board that in doing so he flew into known or probable heavy icing conditions which endangered life and property.

As to the second of the two grounds above referred to, the alternatives which confronted petitioner might also have *718 endangered life and property, due to the weather conditions which closed in on the plane during the flight, for which reason, were we the Board, we cannot say we would have revoked petitioner’s transport pilot rating privileges.

But we must recognize the special competence and responsibility of the Board in administering the safety regulations referred to and we find no basis for judicial repudiation of the conclusion reached on the basis of Board findings which have substantial support in the evidence. The judgment the Board exercised is not, in sum, an unlawful one; nor was it reached in an unlawful manner.

Affirmed.

. 14 CJr.lt. § 42.54 (1963).

. 14 C.F.R. § 60.12 (1963).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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