A US judge says a commercial helicopter pilot videotaped in a sex act while flying over San Diego committed gross negligence and cannot have his licence back.

National Transportation Safety Board administrative law Judge William Mullins upheld a Federal Aviation Administration order revoking the licence of David Martz after a hearing on Tuesday.

Martz had no comment after the ruling.

A passenger was videotaping when Martz let an adult film actress perform a sex act on him during the 2005 flight, and an edited version eventually became public.

The judge watched the unedited tape in chambers and took testimony before his decision.

Martz testified that his actions were unwise and he was much more responsible now.

AP