NBAA Cites "Wake Up Call"

Following the FAA's Emergency Order Of Revocation against AMI Jet Charter, Inc., of Burlingame, CA, the industry has responded with suspicion and concern. On October 4, 2007, the FAA issued an emergency order suspending AMI's air carrier certificate "until such time as AMI demonstrated to the satisfaction of the Acting Administrator, with documentation, that it had sufficient management personnel  and the management structure, management systems and record systems, including  record systems that show the qualifications of its pilots and the airworthiness status of its aircraft, in place to maintain effective and safe operational control and ensure the safety of its Part 135 operations."

On October 12th, the FAA followed that up with an Emergency Order Of Revocation charging that, "Under 49 U.S.C. §46105(c) the Acting Administrator has determined that an emergency exists related to safety in air commerce.  This determination is based on AMI Jet Charter, Inc.'s lack of qualification to hold an Air Carrier Certificate because of the nature and seriousness of the violations set forth in this order. AMI Jet Charter, Inc. entered into a scheme and/or deceptive practice with TAG Aviation USA, Inc., whereby AMI allowed TAG and/or aircraft owners to exercise operational control over its Part 135 operations.  AMI Jet Charter, Inc. intentionally and deliberately allowed TAG to exercise such control when it knew that TAG Aviation USA did not hold a U.S. air carrier certificate.  Additionally, AMI Jet Charter, Inc. intentionally and deliberately allowed the aircraft owners to exercise such control when it knew the aircraft owners did not hold air carrier certificates.  Moreover, AMI Jet Charter, Inc. does not have sufficient management personnel and the management structure, management systems and record systems, including record systems that show the qualification of its pilots and the airworthiness status of its aircraft, in place to maintain effective and safe operational control and ensure the safety of its Part 135 operations." 

National Business Aviation Association (NBAA) President and CEO Ed Bolen (pictured below) noted that the recent decision by FAA officials to suspend AMI Jet Charter's air carrier certificate should be viewed as a wake-up call to all charter providers.

"This significant action was taken against a company that is among the most highly regarded charter providers in the country," Bolen said.

The FAA's decision to suspend AMI's license comes as part of the agency's ongoing review of every charter operator in the U.S. to ensure compliance in "operational control," a term used to describe the systems and procedures involved in the safe and legal operation of chartered (FAR Part 135) aircraft.

An accident in 2005 involving a different charter company and complex aircraft owner and charter arrangements brought the issues surrounding operational control under heightened scrutiny from the FAA. The agency discovered that, in some cases, the lack of clarity in an operational control agreement prompted uncertainty about the qualifications of the parties involved with the operation of an aircraft.

"NBAA urges the charter Members within our Association to take note of the FAA's recent action and ensure that their operational control practices are in order," Bolen said.

FMI: www.nbaa.org, www.faa.gov