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 paid flights, claiming to be a marketplace under the less strict Part 91 rules, and placing responsibility for pilot and aircraft vetting on passengers.
- Industry experts raised concerns that Blackbird was facilitating illegal charters by "holding out" and circumventing the stricter Part 135 regulations required for commercial passenger transport, thereby compromising safety standards.
- After a two-year investigation, the FAA ruled that Blackbird's operations constituted common carriage and "holding out," mandating compliance with Part 135 regulations and warning participating pilots of potential enforcement actions.
- The FAA's decision was praised by aviation industry groups and legitimate charter operators as a crucial step for ensuring passenger safety and combating the growing problem of illegal charter operations.
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