FAA Proposes $15.7M Fine Against Aery Aviation for Safety Breaches
The Federal Aviation Administration has proposed a USD 15.7 million civil penalty against Aery Aviation, citing a pattern of unsafe operations involving unairworthy Learjet aircraft. The enforcement action was announced on December 22 and relates to flights conducted from 2021 to 2022 in and around Virginia.
According to the FAA, Aery Aviation carried out extensive operations using Learjets configured for target-tow and electronic warfare missions without holding the appropriate restricted-category airworthiness certificates. These certificates are mandatory for aircraft conducting such specialised missions, particularly when operating over densely populated areas, congested airways, or near passenger airports.
The regulator alleges that between July 2021 and April 2022, Aery Aviation conducted 431 flights with aircraft that lacked the required restricted-category certification. In addition, the FAA claims the operator performed a further 945 flights without obtaining the specific operational waivers needed for these activities. Many of the flights reportedly took place within or near Class D airspace surrounding Newport News/Williamsburg International Airport, increasing the potential safety risk to other airspace users.
Target-tow and electronic warfare flights are typically conducted in support of military training and defence-related exercises. Because of their specialised equipment and flight profiles, such operations are subject to stricter regulatory oversight than standard civil aviation activities. The FAA said the alleged violations undermined safety safeguards designed to protect both airspace integrity and the public.
Under US aviation regulations, operators conducting restricted-category operations must not only ensure the aircraft are appropriately certificated but must also obtain route-specific and airspace-specific waivers when operating near civilian airports or populated regions. The FAA alleges that Aery Aviation failed to meet both requirements across a significant number of flights.
Aery Aviation, which is based in Newport News, Virginia, has 30 days from receipt of the notice to respond to the proposed civil penalty. The company may submit evidence, enter into settlement discussions, or formally contest the allegations. As of publication, Aery Aviation had not issued a public response. Ch-aviation has contacted the operator for comment.
The proposed fine underscores the FAA’s continued focus on enforcement actions related to operational compliance, particularly for specialised and non-standard flight activities. In recent years, the regulator has signalled a tougher stance on operators that fail to adhere to certification and waiver requirements, even when flights are conducted for government or defence-related purposes.
If upheld, the USD 15.7 million penalty would rank among the more significant civil fines imposed by the FAA on a niche aviation operator, highlighting the agency’s emphasis on maintaining uniform safety standards across all segments of the aviation industry.
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Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com