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Jan. 21 is Fly Legal Day, bringing awareness to the dangers of illegal charter operations. The Air Charter Association hosts the annual event to remind passengers and aircraft operators of the hazard of illegal charter operations, calling for legislation changes to remedy the issue. For over 70 years the ACA has been educating the public and governments on the risks of illegal charters. Fly Legal Day, initiated in memory of a Premiership footballer who was killed when the illegal charter flight he was on crashed into the English Channel, reminds the public of the real dangers of illegal charters and shines a light on the issue in hopes to prevent tragedies in the future and bring about legal change.
On Jan. 21, 2019 footballer Emiliano Sala and his pilot were killed when the Piper PA-46 Malibu crashed into the English Channel. Investigators found that Sala had high levels of exposure to carbon monoxide, which had leaked into the aircraft, possibly impairing the judgment of the pilot. The body of the pilot was never recovered. It was discovered that the pilot was not licensed to fly at the time of the crash, nor was he qualified to fly at night. His private pilot license did not permit the pilot to carry passengers for profit and his license to fly the Piper Malibu expired months before the crash. The plane had encountered issues on the first leg of the flight, which the pilot was aware of. He brought the plane to a mechanic but the language barrier proved a challenge. The mechanic recommended the pilot bring the plane to an engineer, but there was no evidence he did so before the accident flight. While on a flight to Cardiff Airport in the UK after Sala's transfer to Cardiff City Football Club the plane went off the radar, believed to have plunged into the sea after trying to avoid poor weather. The Air Accidents Investigation Branch said in its final report that illegal charter operations, or "grey charters" put lives at risk.
In honor of Sala and the pilot, the ACA hosts Fly Legal Day. Illegal charter operations are of concern to other agencies, like the FAA. The FAA said that illegal charter operations pose a safety hazard to the traveling public, sharing that it works "aggressively to identify and shut down rogue operators and to help passengers ensure the company they hire is legitimate." The National Air Transportation Association and its Air Charter Committee launched an initiative to combat illegal charters. The initiative, overseen by the NATA Illegal Charter Task Force, works with the FAA to provide guidance and steps to avoid illegal operations, with the IRS to understand and educate the industry on the tax consequences of illegal operations, and with Congress to better equip the FAA to combat the problem.Rogue Operator red flags from the FAA
According to a January 2023 article by Forbes, since the start of 2021 the FAA had imposed about $9.5 million in civil fines against almost two dozen companies for conducting charter flights without proper certification or qualified pilots. Forbes shared five tips for recognizing an illegal charter operation - asking to see the air carrier operating certificate, asking to see the pilot's credentials, asking about safety credentials, being skeptical of low prices, and expecting to pay taxes. The FAA also has resources for pilots and passengers along with information about enforcement actions against rogue operators.
In January 2023, private aviation company Exquisite Air Charter added an extra security measure to its compliance program for identifying illegal charters, while also beginning an internal process to report suspected illegal operations. The new program includes an internal checklist to check the legality of a flight before dispatching it. The list includes checking crew qualifications, aircraft registration, the Air Operators Certificate, registration jurisdiction and the establishment of an internal mandatory reporting process for suspected illegal charters. The industry has welcomed many first-time private travelers in recent years. With the influx of newer passengers, grey operations can invade the market with unethical practices. Programs like this help to protect people from unsafe operations and let people know the warning signs and when to report shady businesses.RELATED STORIES:Illegal charter identification program created, internal process reports suspected operationsAir Charter Association bring awareness to illegal charter flights with 'Fly Legal Day' to honor late footballer
According to Fafinski Mark andamp; Johnson, in May 2020 the FAA sent out a letter to pilots to remind them that it is illegal to transport for compensation or hire for passengers while operating Part 91 aircraft. The FAA has also undergone numerous investigations and issued large fines to operators with for-hire operations without obtaining a FAR part 135 charter certificate. In an example given, an aircraft owner rents to a friend and the friend pilots the plane, hires a crew and pays all costs in a "dry lease situation." But when an aircraft owner rents to a friend, employs that friend and provides pilot services to the friend along with the aircraft in a "wet lease" situation, without a charter certificate or exemption, the FAA would consider this an illegal operation. There are many ways a company can operate illegally, including buying an aircraft for a company but operating it under a separate LLC and creating a new flight management company to operate the aircraft and employ pilots.
The best way to fly is with safety in mind. Stay up to date with regulations and certifications and always follow the rules issued by the FAA or the operating countries' civil aviation authority. Report suspected rogue operators to the FAA and maintain safety as a priority while flying and while traveling. For Fly Legal Day, spread awareness of the hazards of illegal operations to prevent future tragedies.