01 Is the aircraft available for charter according to the correct FAA regulations? FARs require that an operator that provides “air transportation of persons or property for compensation or hire” possess a com- mercial operating certificate. Business aircraft available for hire are, in almost all cases, operated under FAR Part 135. Such opera- tors are required to comply with FAA regulations in several areas including flight operations (e.g. limiting the length of crew duty days), maintenance, training, and insurance. Aircraft flown for owner use only, not for commercial use, have more freedom to set their own safety margins and are operated under the less strin- gent FAR Part 91. The more rigorous requirements and regula- tions of Part 135 are designed to protect the consumer: your charter customer, or you, when you’re flying aboard someone else’s aircraft. 02 03 Is the low price “too good to be true?” The costs of compliance with the higher standards required under Part 135 must be included in the cost of the char- ter trip, in order for the charter management company to make a reasonable profit, and to provide a reasonable margin for you, the aircraft owner. Those operators not in compliance will not incur these necessary costs, and so may offer substantial discounts on charter flights – risking the charterer’s safety, and your potential revenue. With more than 35% of the U.S. jet and turboprop air- craft fleet, and a significant proportion of the total world’s fleet legally available for charter, you have a good pool of aircraft from which to draw. Why take a chance? How well do you know your broker? When you arrange a charter trip, seek out one of the many excellent, reputable charter brokers. These companies are led by experienced individuals with long histories of delivering safe and superior travel. Their websites proudly list senior man- agers’ names and credentials. Not so with a faceless app. (See “Be- ware the Invisible Broker,” BAA May/June 2016.) While there still are no federal or state regulations governing brokers, independent avia- tion auditors Argus and Wyvern now audit brokers. 04 Is the flight crew qualified to fly the aircraft? Are they type rated for this aircraft? That is, are they specifically trained and tested in the exact make and model aircraft used for the charter? Is their training current? How often do they train/ retrain, and where/with whom? Under Part 135, it is mandatory that pilots attend recurrent training every six months. What is their actual incident and accident history? And how many hours www.BizAvAdvisor.com have they flown as Pilot-in-Command in this specific make/ model aircraft? (See “5 Questions to Ask Before Chartering Your Next Jet,” BAA Jan/Feb 2018.) 05 06 07 Is the flight crew properly managed? Are security background checks required for all flight and cabin crews, dispatchers, maintenance technicians, and anyone else who may have contact with your aircraft and flight ar- rangements? Is the entire crew regularly drug tested (mandated under Part 135, but not under Part 91)? Do pilots fly long duty days? Under Part 135, pilots can be on duty for up to 14 hours, of which they actually can be flying for 10 hours. Under Part 91, there are no restrictions. Is the aircraft operated safely? Does the flight operation adhere both to FAA regu- lations as well as the aircraft’s Original Equipment Manufactur- er’s (OEM) flight manual specifications? Those might include: observing weight limitations, or limitations on runway perfor- mance, as well as local airfield regulations, such as noise and time curfews. Is there a Safety Management System (SMS) in place (See “Are You ‘Safe’?” BAA March/April 2017)? If the aircraft will be fly- ing over water, does it carry a sufficient number of functioning life vests and life rafts? Is there a safety-trained flight attendant on board (See “Taking Attendants,” BAA July/Aug 2016)? Is the aircraft maintained properly? Is the aircraft current for all maintenance and in- spections? Has the maintenance been performed in accordance with FAA regulations and OEM schedules? Part 135 aircraft are required to be maintained to the OEM’s standard, to ensure safety. Does the aircraft comply with all current equipment re- quirements? For example, by January 1, 2020, all aircraft must have appropriate equipment to bring them into compliance with the new ADS-B regulations. (See “Time Flies…Will Your Aircraft?” BAA, Jan/Feb 2018). 08 09 Aviation Business Journal | 3rd Quarter 2018 Is the aircraft insured for charter trips? Will your own insurance policy cover your aircraft in charter service? Most policies contain an exclusion clause for claims arising from a trip which did not comply with FAA regula- tions or other applicable laws. Are you a “passenger” or an “operator”? Some Part 91 operators may legally offer the use of their aircraft alone through means of a “dry lease.” The lessee then becomes the operator, with more attendant responsibilities, As originally appeared in Business Aviation Advisor Special Report, August 2018. https://www.bizavadvisor.com/fifteen-shades-of-grey-aircraft-charter/ BUSINESS AVIATION ADVISOR • Special Report 47
