Pilot distraction is being eyed as a factor in the Oct. 24, 2023, runway collision of two business jets at William P. Hobby Airport (KHOU) in Houston, Texas, according to details in a preliminary NTSB report issued late last week.
At 3:20 p.m. local time, a Raytheon Hawker 850XP (N269AA) that was taking off collided with a landing Cessna Citation Mustang (N510HM) at the intersection of Runways 22 and 13R. No injuries were reported among the occupants of either aircraft.
The Hawker sustained minor damage, while the Citation was substantially damaged. N269AA was operating under Part 135 as an on-demand passenger flight from KHOU to Waukesha, Wisconsin, and N510HM was operating under Part 91 from Atlanta to KHOU.
The collision occurred during the Hawker's takeoff roll, though the controller instructed the crew of the jet only to line up and wait on Runway 22. The controller had cleared the Citation to land on Runway 13R. Despite attempts by the controller to get the Hawker crew to stop the airplane, they did not respond.
In a post-accident interview, the two Hawker crewmembers believed they were cleared for takeoff. They also reported investigating cabin alerts during taxi and takeoff roll and said they did not see the Citation until about one second before the collision. The Citation pilot reported not seeing the Hawker, but hearing a thud on impact.
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In an antitrust lawsuit filed yesterday in the U.S. District Court for the Western District of North Carolina, SmartSky Networks accused Gogo Business Aviation of “illegal monopolistic practices in the air-to-ground (ATG) broadband inflight connectivity market for business aviation…The lawsuit seeks substantial damages potentially exceeding $1 billion.” Gogo did not respond to AIN's inquiries for comment at press time.
Gogo’s alleged behavior “ultimately forced its only ATG competitor out of the market,” according to the lawsuit. SmartSky shut down its ATG network on August 16 without warning customers that their airborne connectivity was suddenly ending.
Network developer Apcela said in October that it was acquiring SmartSky, and the transaction was expected to take place by year-end. That transaction has not yet taken place, according to Apcela founder and CEO Mark Casey. “We are acquiring the SmartSky ATG Network from SmartSky Networks. We are not a party to this lawsuit. SmartSky Networks is pursuing these legal claims.”
SmartSky had gained only a 2% share of the ATG market, the lawsuit claims, “before being forced to cease operations despite having a far superior product.” The company raised more than $700 million in investor capital, and its ATG service began in July 2022. According to SmartSky, “without competition, Gogo returned to a 100% ATG monopoly position…in the U.S.”
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The U.S. District Court for the Eastern District of Texas has sentenced Debra Lynn Mercer-Erwin, owner of the Wright Brothers Aircraft Title Co. and Aircraft Guaranty Holdings Corp., to 16 years in federal prison, five years of supervised release, and a $400 special assessment, the Department of Transportation Office of Inspector General (DOT-OIG) said yesterday. According to the DOT-OIG, Mercer-Erwin and others carried out a scheme to further international drug trafficking using business aircraft.
She was found guilty in May 2023 of conspiracy to commit money laundering and wire fraud, possessing cocaine with intent to distribute, and distributing cocaine knowing it would be imported into the U.S. Under the scheme, Mercer-Erwin and others registered aircraft with the FAA while concealing that foreign nationals owned the aircraft, and falsely claimed they would adhere to all regulatory and statutory requirements.
According to prosecutors, several of the illegally registered and exported aircraft were used by transnational criminal organizations in Colombia, Venezuela, Ecuador, Belize, Honduras, Guatemala, and Mexico to smuggle large quantities of cocaine destined for the U.S. The illicit proceeds from the subsequent drug sales were then transported as bulk cash from the U.S. to Mexico and used to buy more aircraft and cocaine.
Aircraft purchases were typically completed by foreign nationals, working for transnational criminal organizations, who came to the U.S. with drug proceeds and purchased business aircraft.
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While a U.S. district court has halted certain ownership reporting requirements under the Corporate Transparency Act (CTA), NBAA is advising members to remain prepared to comply.
Enacted in January 2021, the CTA authorized the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) to require certain limited liability companies and other organizations to furnish “ultimate beneficial-owner information” such as name, date of birth, and address. This included LLCs that own business aircraft. NBAA noted that the use of LLC is a common structure for aircraft leases. Under CTA, affected companies were required to comply by Jan. 1, 2025.
However, on December 3 the U.S. Court for the Eastern District of Texas issued a preliminary injunction against enforcement of that deadline, citing constitutional concerns. This provides a reprieve for the time being on the deadline.
NBAA noted that experts such as Jonathan Epstein, a partner at Holland & Knight, are advising companies to still be prepared to report. “Be ready to file because we don’t know what’s going to happen in a higher court,” Epstein told NBAA, noting that some companies will need the time to gather the appropriate data.
Separately, David Mayer, a partner in the aviation practice of Shackelford, Bowen, McKinley & Norton in Dallas, also said organizations should be alert for further litigation on the merits of the constitutional arguments against the requirements.
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Rep. Sam Graves (R-Missouri) received a waiver from the Republican Steering Committee to enable his return as chairman of the U.S. House Transportation & Infrastructure Committee. Graves had bumped up against Republican term limits on committee leadership roles but he asked for the waiver, noting that most of his time at the helm was as a ranking minority member rather than in the chair position.
He is returning to the post as the committee faces its next major bill, surface transportation reauthorization, having just completed the comprehensive, five-year FAA reauthorization package this past year.
Graves returns alongside Rep. Rick Larsen (D-Washington), who is expected to remain the ranking Democrat on the committee. The two leaders worked collaboratively on FAA reauthorization, agreeing to put aside any measures that could become a stumbling block to the bill.
A pilot, Graves was the force behind the first-ever title on general aviation in an FAA reauthorization bill, expressing a desire to elevate the sector's importance both in the aviation realm as well as on a national stage.
“Rep. Graves understands the importance of American aviation as the gold standard globally and works tirelessly to ensure the U.S. remains the world’s aviation leader,” said NBAA president and CEO Ed Bolen. “Equally important, he knows firsthand the critical role general aviation plays in the nation’s economy and transportation system, especially in towns with little or no airline service.”
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Jet.AI has launched pre-sales for fractional ownership of Cessna Citation CJ4 Gen2 aircraft, set for delivery in 2026. The program follows the company's November 22 order for three CJ4 jets from Textron Aviation, marking an expansion of its offerings and increasing its fleet size.
The fractional ownership program, which Jet.AI said will include a nationwide 48-hour callout and guaranteed aircraft availability, allows clients to immediately begin flying on the company’s existing fleet, including a King Air 350i, a Citation CJ4, and HondaJets. Jet.AI’s CJ4 program allows customers to interchange across aircraft types.
Jet.AI is positioning its CJ4 offering as an upgrade for those seeking to expand travel options with its advanced capabilities and 2,000-nm range. “For years, customers and prospects have asked us to offer a larger airframe and a national footprint; finally, that day has come,” said Jet.AI founder and executive chairman Mike Winston.
Beyond its aviation segment, Jet.AI’s technology division offers a CharterGPT app, which uses artificial intelligence and machine learning to optimize private jet bookings. The app is part of a suite of products designed to streamline the private aviation experience. The company has also indicated it plans to continue expanding its super-midsize jet fleet.
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PEOPLE IN AVIATION
Lanny Schindelmeiser was hired as v-p of maintenance at private aviation services provider Elevate Jet. Schindelmeiser has strong experience in aviation maintenance management. The company also promoted Perry Breitenstein to v-p of operations.
The AOPA Board of Trustees elected James N. Hauslein as chairman, succeeding William C. Trimble III, who is retiring at the end of the year. Hauslein, an AOPA member since 1987, joined the board in 2012 and previously chaired the Finance and Investment Committee.
Cadorath promoted Brandy Cadorath to v-p of entrepreneurial operating system implementation, training, and oversight. She previously worked in accounts receivable, special processes, and agriculture divisions at the company.
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