Unauthorized air charter—often called gray charter and even “Part 134 1/2" operations—has long been illegal. Yet some aircraft operators still flout or inadvertently violate the FARs involving proper on-demand or charter operations. Continuing to operate such disguised charters with impunity or in obscurity might be short-lived, however, as the FAA has recently ramped up its investigations and enforcement actions against such offenders.
These illegal operations frequently occur when an operator with one or more aircraft holds itself out for hire or receives any compensation (not just monetary) for carrying people or property without the required certification or other approvals from the FAA and the U.S. DOT. As a result, the offender might fail to meet the operations criteria under FAR Part 135 and the certification requirements under FAR Part 119.
David G. Mayer is a member of the global Aviation Practice Group at Shackelford, McKinley & Norton in Dallas, which handles private aircraft matters, including regulatory compliance, tax planning, purchases, sales, leasing and financing, risk management, insurance, aircraft management and operations, hangar leasing, and related corporate work. Mayer frequently represents corporations and high- and ultra-high-net worth individuals and other aircraft owners, flight departments, lessees, borrowers, operators, sellers, purchasers, corporations and managers, as well as lessors and lenders. He can be contacted at [email protected].
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