It stands to reason that if a passenger pays for a charter flight, they’re entitled to expect a significantly better level of safety than if they accept a free ride from a neighbor in their single-engine trainer. That’s because the FAA has said, “Pilots who transport paying passengers must have the required qualifications and training, are subject to random drug and alcohol testing, and the aircraft used must be maintained to the high standards that the FAA’s charter regulations require.” One problem with charter operations is and always has been that most people riding in the cabin don’t understand enough about how the transportation system operates to ask the questions necessary to guarantee an operator meets the agency’s standards. Investigating illegal charters has become a large focus for organizations like the National Air Transportation Association and the National Business Aviation Association.
FAA Says Blackbird Should Be Operating Under Part 135
Key Takeaways:
- Blackbird Air operated an online platform connecting passengers with pilots for compensation, classifying itself as a Part 91 "marketplace" rather than a Part 135 charter service, thereby avoiding strict oversight of pilot qualifications, aircraft maintenance, and commercial insurance.
- This operational model sparked widespread concern among aviation industry experts who alleged Blackbird was circumventing legitimate charter regulations and creating potential safety hazards.
- After a two-year investigation, the FAA ruled that Blackbird's operations constituted "holding out" and "common carriage," mandating compliance with Part 135 charter regulations and warning participating pilots of potential enforcement actions for non-compliance.
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