Appeals Court Rules in Favor of Business Aviation Charter Operators at KHPN | Aviation International News

Charter & Fractional

Court Rules in Favor of Bizav Charter Operators at KHPN

Verdict allows per-seat charter operators to use FBOs at the New York-area airport

Westchester County Airport — © Curt Epstein/AIN

By Gordon Gilbert • Contributor - Accidents and Regulations

September 16, 2025

A federal appeals court has reversed a previous federal judge's ruling, which forced business jet charter operators that sell seats to the public to use the airport terminal and TSA checkpoints, rather than the "private facilities" (FBOs) at Westchester County Airport (KHPN) in White Plains, New York.

In 2021, the airport said that charter operators must use the terminal. JSX Air and XO Global filed a complaint in U.S. district court against Westchester County in March 2022, saying they should be able to continue to use FBOs as they have been for years, even though their aircraft hold more than nine passengers, the County’s claimed long-standing cutoff rules for carriers that sell tickets to the public. The County said those rules, published in 2004, applied to public charters, and the court's opinion, handed down July 1, 2024, sided with the County.

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