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Order 2009-8-12 - Quebec, Inc. d/b/a Univair Aviation


Quebec, Inc. d/b/a Univair Aviation

Order 2009-8-12
OST-2009-0001 - 2009 Consent Orders

Issued and Served August 20, 2009

Consent Order

This order concerns unauthorized air transportation by 3095-7633 Quebec Inc., d/b/a Univair Aviation between Canada and the United States in violation of 49 U.S.C. §§ 41301 and 41712. It directs Univair to cease and desist from further violations of these statutory provisions and assesses a compromise civil penalty of $15,000 (US).

Univair, a foreign air carrier within the meaning of 49 U.S.C. § 40102(a)(21), provides charter air service from its base in Saint-Hubert, Quebec, Canada. At all times relevant to the violations described herein, Univair did not hold economic authority from the U.S. Department of Transportation or safety authority from the FAA to conduct operations to or from the United States. Notwithstanding its lack of economic authority, Univair operated air service between Canada and various points in the United States, in contravention of 49 U.S.C. § 41301, which requires that foreign air carriers obtain permit authority from the Department prior to commencing service to the United States. Violations of section 41301 also constitute an unfair and deceptive practice and an unfair method of competition in violation of 49 U.S.C. § 41712.

In mitigation, Univair states that its charter flights are limited in scope and are mainly intended as a marketing tool for a sister company that operates a flight school. Univair also states that it has taken the necessary steps with the Department to obtain the appropriate authority.

The Enforcement Office has carefully considered all of the information provided by 3095-7633 Quebec, Inc., d/b/a Univair Aviation, but continues to believe that enforcement action is warranted. In this connection and in order to avoid litigation, the Enforcement Office and 3095-7633 Quebec, Inc., d/b/a Univair Aviation have reached a settlement of this matter. Without admitting or denying the violations described above, 3095-7633 Quebec, Inc., d/b/a Univair Aviation agrees 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 $15,000 (US) in compromise of potential civil penalties otherwise assessable. The Enforcement Office believes this compromise is appropriate in view of the nature and extent of the violations in question.

By: Rosalind Knapp

http://www.univairaviation.com/


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