NBAA Releases Per-seat Charter Guidelines

The National Business Aviation Association has released a new resource for per-seat charter operations that have been spurred by the internet and smartphone apps that enable matching passengers with available aircraft. “Entrepreneurs who witness success in other industries are eager to apply crowdsourcing, sharing economy, and other technological solutions to the on-demand charter industry,” NBAA said.

However, it added, “A primary consideration with such business models is concern over whether their implementation results in regulatory agencies considering flights to be impermissible ‘scheduled’ operations, or, in the case of the Department of Transportation, to also consider that the seller is acting as an unauthorized indirect air carrier. Many such models have been attempted, with some having been informally approved by DOT; others disapproved informally, or via regulatory agency enforcement action; and yet others not having undergone regulatory scrutiny.”

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The guidelines provide an overview of the types of per-seat and “planeload” charter operations using aircraft operated under Part 135, as well as regulatory considerations that govern such operations. They also contain information on what operations are permitted under Part 135, the differences between FAA and DOT enforcement policies, and specific regulatory considerations for scheduled, on-demand and public charter air transportation.