I L L E G A L C H A R T E R
The importance of operational control in the USA
The USA’s large and diverse aircraft
can lead to significant fines and penalties
population meets a variety of needs. To
for those concerned.
accommodate those needs, a complex
The concept of “operational control”
regulatory framework has evolved. The
necessary authorities and operational
regulations are determined on a flight-byflight
is a good starting point to determine
applicable operational rules. US
regulations define operational control
as “with respect to a flight, means the
exercise of authority over initiating,
conducting, or terminating a flight”
(14 CFR 1). Put simply, the party with
operational control is the entity
ultimately responsible for, and in
control of, the flight. All general aviation
businesses across the spectrum of
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assessment of the relevant facts.
This can lead to flights that, while
similar in mission, may operate under
private carriage rules in one case but
require a commercial air carrier in
another. The operation of a flight under
private carriage regulations when the
facts require operation by an air carrier
The risks
Those with air operator certificates (AOCs) go to great
lengths to ensure everyone is safe by having the correct
procedures and people in place to check everything before
each flight. As Robert Baltus, chief operating officer of the
European Business Aviation Association (EBAA) points out,
the status and maintenance of the aircraft and the training of
the pilot cannot be guaranteed when you operate a private
flight, which opens up risks to everyone involved.
“The consequences of illegal charters can be different for
all the parties involved,” Baltus says. “Pilots can lose their
hard-earned licenses, aircraft owners might not be paid by
their insurance companies, businesses can be prosecuted,
and the customer doesn’t get what they paid for.”
The worst consequence of gray charter is that someone
gets hurt or killed. The most high-profile case of
illegal charter to make the news recently has
been the crash of a Piper Malibu last year,
which caused the death of Premiership
soccer player Emiliano Sala and
pilot David Ibbotson, who was not
licensed to fly at night.
The careless, clueless
and the criminal
Some associate a recent
increase in illegal chartering with
the rise in new business models
in business aviation. Thanks
to online platforms people can
now book a flight with just a few
taps of their mobile phone, without
knowing the credentials of the
company or pilot.
“If an aircraft shows up clean and
pretty and the pilot walks out with a crisp
white shirt with epaulettes on then, we tend to
think the boxes are checked and it must be a safe
operation. But that couldn’t be further from the truth,” says
Ryan Waguespack, vice president of aircraft management,
air charter services and MROs for the USA’s National Air
Transportation Association (NATA). “I like to say we’re a
industry operations require a careful
review of facts to determine where
operational control lies and whether a
proposed operation requires air carrier
authority. When engaging an air charter
carrier, customers request departure time,
destinations and even specific aircraft,
but the ultimate responsibility for the
flight and operational control, always
remains with the carrier.
Illegal charter fact sheets for aircraft
owners, charter brokers and air charter
operators are available at
www.avoidillegalcharter.com.
“I don’t think we’ll ever
completely stamp out
illegal chartering – there
are always people looking
for the loopholes to get
around legislation.”
Ryan Waguespack, vice president
of aircraft management, air charter services
and MROs at the USA’s National Air
Transportation Association
victim of our own success as the aviation industry has
created a very safe environment, allowing people to think
they’re always safe when they step onto any plane.”
But this issue of ignorance doesn’t just lie with the
paying public. A lot of illegal charter happens when pilots
do not understand the law and charge for flights when
they shouldn’t. This could be owners lending aircraft to
others for a profit and confusion around regulations
on cost-sharing.
“People don’t understand the rules,” says
Dave Edwards, CEO of industry group the Air
Charter Association. “They’re doing things for
tax purposes or improperly dry leasing, where
the business you’re conducting amounts to
illegal charter.
“The problem has grown through the rise of
flight sharing websites, which offer the potential
for passengers with no experience of chartering
aircraft to rent a small aircraft, generally flown by
a private pilot. Those sites review pilots and use the
term safe a lot, with no true understanding of what that
might mean and most importantly what the difference
is between a private pilot and a commercial one
operating under a commercial AOC.”
The sector has coined the term the “careless,
clueless and criminal” to categorize those involved in
illegal chartering. The clueless are those with no idea
that they are doing something wrong, the careless are
those in a gray area that may or may not know what
they are doing is wrong, and the criminal are those
that clearly know the rules but intentionally ignore them.
Taking action
Aviation authorities believe that the two biggest groups are
the careless and clueless and the number of criminals is
relatively small. One of their big focuses has been around
education. In the USA the FAA is running an educational
campaign to reduce the amount of clueless and careless
illegal chartering activity.
“We’ve had a number of cases fall within the clueless
and careless remit and in the past the FAA took a very
hardline approach to its enforcement,” says Greg Reigel,
/www.avoidillegalcharter.com