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 Avia Aviation, Ltd.

Order 04-05-3
OST-04-16943 - Violations of 49 U.S.C. §§ 41301 and 41712

Served May 4, 2004

Consent Order | Word

This consent order concerns Avia Aviation, Ltd., a foreign air carrier within the meaning of 49 U.S.C. §40102(a)(21), that engaged in air transportation between the United States and Canada without effective economic authority from the U.S. Department of Transportation in violation of 49 U.S.C. §§ 41301 and 41712. This order directs Avia to cease and desist from further violations of these statutory provisions and to pay a compromise civil penalty of $30,000 (US).

The Office of Aviation Enforcement and Proceedings has carefully considered all of the information provided by Avia, but continues to believe that enforcement action is warranted. In this connection and in order to avoid litigation, the Enforcement Office and Avia have reached a settlement of this matter. Without admitting or denying the violations described above, Avia consents to the issuance of this order to cease and desist from future violations of 49 U.S.C. §§ 41301 and 41712 and to the assessment of $30,000 (US) in compromise of potential civil penalties otherwise assessable. Of this total penalty amount, $15,000 shall be due and payable within 30 days of the issuance of this order. The remaining $15,000 shall be suspended for one year following the issuance of this order, and then forgiven, unless Avia violates this order’s cease and desist or payment provisions, in which case the entire unpaid portion of this civil penalty shall become due and payable immediately and Avia may be subject to further enforcement action. The Enforcement Office believes this compromise is appropriate, serves the public interest, and creates an incentive for all foreign air carriers to comply fully with the requirements of 49 U.S.C. §§ 41301 and 41712.

By: Rosalind Knapp


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