April 7, 2009, GARDENA -- A judge has ruled that pilot David Martz can not get his pilots license back do to gross negligence. While piloting his helicopter in 2007, Martz was videotaped in a sex act while flying over San Diego. The video tape revealed Martz was preoccupied with fondling a topless woman when he should have been totally focus on flying the helicopter.

David Martz, who flies for rocker Tommy Lee, was grounded after footage surfaced of him allowing an adult porn star to perform a sex act while he was flying over San Diego.

Martz told a judge during a special NTSB hearing Tuesday that he's 'sorry' and he's 'learned his lesson'. Martz also promised never to do it again and claimed that his actions during the May 20, 2005 flight were 'irresponsible.' An FAA attorney testified that the act was so 'reckless and irresponsible' it doesn't matter if he's changed.

After a three-hour hearing on Tuesday, National Transportation Safety Board administrative law Judge William R. Mullins upheld a Federal Aviation Administration order revoking Martz's license. Martz said he plans to appeal the ruling. Martz was also at the controls in February 2009 when he was forced to land at Van Nuys Airport after he flew too close to an LAPD chopper. Martz was flying erratically, according to LAPD Officer Karen Smith. Rocker Tommy Lee was on board the chopper during the incident but had nothing to do with the situation and was released, Smith said. Martz was given a field sobriety test, but later released.

Martz has a long history of flying trouble. He has been disciplined several times, according to the FAA. In 1986 Martz' license was revoked after the FAA discovered he had a fraudulent medical certificate. It was eventually reinstated. In 2002, his license was suspended for 30 days for flying in a "careless or reckless manner."  In 2003, the FAA revoked his license for the same offense -- "careless and reckless."  But Martz got his license back again.  In June, 2005, his license was suspended -- for the fourth time -- 230 days for "careless and reckless" behavior.