How To Stay Clear of Illegitimate Charters

When an aircraft owner or operator receives payment from passengers for an air taxi trip, but that provider, pilots, and aircraft are not certified and qualified under Federal Aviation Administration (FAA)  regulations covering commercial operations, then that flight is an illegal charter.

Illegal charter operations have been an ongoing concern among the air taxi industry and the public for years, posing a serious threat to legitimate charter certificate holders and potentially placing unwitting customers in danger. These flights still regularly occur around the world, carrying increased risk to travelers, damaging the reputation of legal players, and adversely impacting businesses and careers.  

On September 27, 2018, two pilots were killed and two passengers were seriously injured in the takeoff crash of a business jet. It came to light during the accident investigation that both pilots were not qualified to fly the aircraft and that the flight was being operated illegally as a charter. Until the accident investigation, the passengers, who paid for this trip, had no clue it was illegal. 

Few jet and turboprop charter flights—legal or illegal—end in accidents. Therefore, illicit providers can get away for years deliberately selling non-sanctioned lift for compensation. First-time charter passengers are especially vulnerable to hiring an unknowingly unlawful operator because they assume the flights are legal and they run smoothly. 

One example of exposing an illegitimate provider stemmed from a federal investigation into a long-running successful but suspected illegal charter operation. In late 2018, the Department of Transportation (DOT) filed charges against an Oklahoma-based operator that, over a two-year period, arranged chartered flights through purported “dry-lease” agreements.

The National Business Aviation Association (NBAA) explained that unlike a “wet” lease covering the aircraft, required crew members, and maintenance and insurance, a “dry” lease places “operational control over the aircraft and all associated liabilities with the customer.” 

"What’s more,” said the NBAA, “the DOT determined the operator would direct clients to hire pilots and other operational services from his company." Facing clear irrefutable evidence of regulatory violations, the operator pleaded guilty to the  charges and was fined. 

How They Get Away With It

Operators that conduct unlawful commercial flights can set up their businesses quickly by avoiding the expense, effort, and time that's required to not only obtain official approval but also to maintain that approval. Unlike strictly private business aircraft operations, flown under federal aviation regulation (FAR) Part 91, charter operators must meet more stringent initial and recurring requirements to be approved under the air taxi commercial operations certification of FAR Part 135. 

These Part 135 requirements, similar to those of the airlines, include: more frequent and prescribed crew training; additional aircraft maintenance and inspections; extra onboard equipment, more demanding pilot qualifications; operational limitations; mandatory drug/alcohol testing; keeping standard operating procedures manuals; and—coming in 2027—mandated safety management systems. 

Since many Illegal charters providers are operating in the shadows, they escape FAA unannounced on-site audits to ensure that legal operators are continuing to follow the requirements. Illegal operators take advantage of the fact that these checks are not as frequent today as they once were because of recently reduced FAA manpower. Indeed, lack of FAA oversight has been cited as a factor in several accidents or regulatory violations committed by both legal and illegal charter providers.

Not always apparent to passengers is that a charter flight can evolve from a convoluted relationship between brokers, operators, aircraft owners, aircraft management companies, aircraft leasing firms, and providers of contract crews. While these partnerships may be difficult to comprehend, they are not necessarily illegitimate. Nevertheless, these relationships can be murky with no clear entity of who's in “command and control” of a flight. 

Illegal charter operations and other infractions were uncovered during the investigation of the Feb. 2, 2005 crash of a business jet in which the pilots and passengers all suffered varying degrees of injuries. Pilots and executives with one or more of the companies involved eventually received jail sentences after being tried for and found guilty of offenses, “arising from willful violations” of charter aircraft and charter operations, including “conspiracy to defraud charter customers and brokers, and to impede and obstruct the FAA.” 

In early 2019, the DOT issued rules to help rein in deceptive practices, including collusion, by operators and brokers. The rules require air charter brokers and operators to make certain disclosures to the National Transportation Safety Board (NTSB), the federal agency responsible for aircraft accident investigations, and prohibits certain practices by brokers and operators that were previously unfair or deceptive. However, mostly it's up to passengers and/or their trusted advisors to determine the validity of a charter provider.

What You Can Do

Charter passengers have several resources available to help in assessing the legitimacy of specific air taxi operations. For example, the FAA maintains an online list of all aircraft operators and aircraft certificated under Part 135 for on-demand operations. 

Both the aircraft operator and each individual aircraft authorized to fly under Part 135 are listed. You can search by tail number (N-number) or operator name. This list is updated monthly, so a new operator, or change in aircraft, may not yet be shown. Contact your local FAA regional office if you do not see the operator you are trying to vet. The location and contact information for regional offices are on the FAA's website. 

Validating an operator's legality can require direct contact. Consider using email so that responses are in writing and requested documents can be attached. Request a copy of its FAA “Air Carrier Certificate,” a list of authorized charter aircraft, proof of current insurance, and evidence of pilot qualifications and independent safety audit performance.  

Passengers can also ask if the operator elects to undertake voluntary safety audits and who conducted prior audits. Legal charter operators that want to portray an image of going above and beyond minimum FAA requirements may contract with trade associations and independent companies specializing in performing audits of a charter provider's safety practices and regulatory compliance. 

“If an operator is resistant to providing verification, you would be wise to consider another charter operator,” advises the National Air Transportation Association (NATA), an organization representing Part 135 operators and one of several aviation industry trade groups that have excellent advice to prospective charter passengers. The regional FAA office should also be notified if verification requests go unanswered or responses are incomplete. Agency officials should be eager to bust an illegitimate
operation.  

First timers as well as experienced charters users often contract with brokers for matching travelers with legitimate providers. Note that brokers are not operators. Their sole purpose is representing the passengers’ interest when seeking flights or finding available seats on pre-existing flights. 

Industry trade associations, such as the The Air Charter Association (ACA), are excellent sources of brokers.  The NBAA offers a detailed description of recommended best practices for air charter brokers. These associations set high standards for business aviation services to ensure compliance with operational and safety standards.   

Asking questions, evaluating the responses, reporting suspicious conduct to the FAA, and checking the advice of trade associations (, are key steps for potential charter customers to protect themselves from boarding an illegal flight. Also, charter operator evaluations can begin with consumer feedback. However, as the ACA said, in addition to being proactive, "Trust your instincts – if it sounds too good…"