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 a platform connecting paying passengers with pilots, controversially operating under Part 91 (general aviation rules) rather than the stricter Part 135 (commercial charter rules).
- Blackbird claimed to be an online marketplace, not an air carrier, thereby disavowing responsibility for pilot qualifications or aircraft maintenance, placing that burden on passengers.
- After a two-year investigation, the FAA ruled that Blackbird's operations constituted "holding out" and "common carriage," requiring them to adhere to Part 135 regulations.
- The FAA's ruling also warned participating pilots of potential enforcement actions and was praised by industry groups for combating illegal charters and enhancing aviation safety.
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