The FAA concludes 2021 on a high note, stating that the agency’s campaign aimed at stopping illegal charter operations appears to be working. As proof of this, the FAA cited the decision by a Houston jury in June to hold an aircraft operator liable for flying illegal charters.
According to the FAA, “An illegal charter operator charges people for flights without going through the proper certification process, and skirts safety rules in the process. They have been a persistent—and potentially dangerous—problem for the FAA, the traveling public, and the legitimate air transport industry for years.”
In summer 2019, the FAA launched its educational campaign about the dangers of illegal charter operations, targeting pilots, flight instructors, aviation safety inspectors, and the public. In order to operate as a charter operation, a business must follow rules set forth by the FAA (Part 119 and Part 135) that cover the training of pilots and maintenance personnel, required drug testing, and regulations for the certification of aircraft.
The FAA’s Safe Air Charter Team held virtual workshops for flight instructors, pilots, and charter companies. In addition, a website was created and there were regular posts to social media including Facebook, Twitter, LinkedIn, and Instagram.
“As a result of outreach there is greater awareness and more activity as far as reporting, investigating, and pursuing [legal] actions,” said Greg Lander, an attorney with the Enforcement Division of the FAA Chief Counsel’s Office.
Additionally, the FAA pledged to “step up enforcement” to help the legal charter operators that were losing business to less safer and cheaper operators.
The FAA’s educational campaign, done in conjunction with the National Air Transportation Association, is producing an increased number of tips about illegal charter activity across the country, some resulting in prosecution.
According to the FAA, the June 2021 jury decision against Ascent Aviation Solutions and Michael King is perhaps the most notable sign of the FAA’s determination in curtailing illegal charters. The U.S. Department of Justice brought the case against the defendants for operating 14 unregulated charter flights, saying they “all had the potential to endanger public safety.” The operator was fined nearly $240,000 by a jury in the Houston Federal District Court.
Generally, when faced with an illegal charter operator, the FAA tries to get the offender to voluntarily apply for and comply with safety regulations under FAR Parts 119 and 135. Pilots flying charter operations are required to have a certain number of hours and specialized training, and the business must have a drug-testing program implemented.
FAA administrative actions include the issuance of warning notices followed by certificate suspensions or revocations, and/or civil penalties if the operator continues to operate illegally. The Department of Justice taking the case to court is the final option for certain large-dollar civil penalty cases.
