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 app connecting passengers directly with pilots for compensation, claiming to be an online marketplace operating under less stringent Part 91 general flight rules rather than the stricter Part 135 charter regulations.
- Industry experts and legitimate operators raised concerns that Blackbird was skirting safety regulations and potentially endangering passengers by not overseeing pilot qualifications or aircraft maintenance.
- After a two-year investigation, the FAA ruled that Blackbird's operations constituted "holding out" and common carriage, requiring them and participating pilots to comply with Part 135 commercial charter regulations and warning pilots of potential enforcement actions.
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