Wed, Jun 03, 2020
"Unauthorized 135 Operations Continue To Be A Problem Nationwide"
The FAA has been cracking down, aggressively, against unlawful and unlicensed aircraft charter scams and schemes -- and a recent advisory letter to pilots drives that point home.
"The FAA recognizes that there is a trend in the industry towards using computer and cell phone applications to facilitate air transportation by connecting potential passengers to aircraft owners and pilots willing to provide professional services. Some of these applications enable the provision – directly or indirectly – of both an aircraft and one or more crewmembers to customers seeking air transportation.
This letter serves as a reminder to all pilots that, as a general rule, pursuant to 14 CFR (commonly known by industry as the Federal Aviation Regulations FARs) private pilots may neither act as pilot-in-command (PIC) of an aircraft for compensation or hire nor act as a PIC of an aircraft carrying persons or property for compensation or hire. Furthermore, to engage in air transportation a pilot must hold a commercial or airline transport pilot license and must operate the flights in accordance with the requirements that apply to the specific operation conducted (e.g., part 135).
To meet the operational requirements, the pilots must be employed (as a direct employee or agent) by the certificate holder with operational control of the flight (e.g., a part 135 certificate holder) or must herself or himself hold a certificate issued under 14 C.F.R. part 119.
Another common pitfall to be aware of is the 'sham dry lease' or the 'wet lease in disguise.'"
The letter also notes that, "Unauthorized 135 operations continue to be a problem nationwide, putting the flying public in danger, diluting safety in the national airspace system, and undercutting the business of legitimate operators. If you have questions regarding dry-lease agreements or sharing expenses, please review the FARs and Advisory Circulars. Additionally, you may contact your local Flight Standards District Office for assistance or seek the advice of a qualified aviation attorney."
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