Frax rules rekindle FAA-JAA dispute | Aviation International News

Regulations and Government

Frax rules rekindle FAA-JAA dispute

Next month’s scheduled adoption of the final fractional operation rules–Part 91 Subpart K–will likely reignite the controversy between the FAA, JAA and som

By Gordon Gilbert • Contributor - Accidents and Regulations

October 9, 2007

Next month’s scheduled adoption of the final fractional operation rules–Part 91 Subpart K–will likely reignite the controversy between the FAA, JAA and some European countries on what constitutes a private versus commercial aircraft operation. The JAA has no equivalent rule and doesn’t have plans to promulgate any, according to British aviation lawyer Ian Clark.

According to Clark, under Part 91 (as well as the Chicago Convention), a fractional operation is a private one. But for some European nations, the UK among them, it is considered a commercial operation because a company (the frax provider or management firm) is being paid to operate the airplanes. The UK uses this argument to interpret any “managed” aircraft as a commercial operation, Clark said.

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