Do you know the actual aircraft operator providing your charter service? There are important differences that should be understood by the aviation consumer between a charter broker and a charter operator. Charter brokers typically outsource the chartered trip to a certified 135 charter operator. We can not emphasize enough the importance to properly vet the broker and operator doing your flights. What you don’t ask can hurt you.
Charter brokers are not held to any government regulations, criminal background checking and/or required to have certification or license. The lack of accountability to the consumer is greatly contrasted to that of an aircraft charter operator. Charter operators are held to set Federal Aviation Administration (FAA) standards and regulations. The certificated charter operator has special authority given by the FAA based on qualifications and are under continued scrutiny. Consumers should be encouraged by a recent proposed bill that requires “Disclosure of Air Carriers Operating Flights for Tickets Sold for Air Transportation.” This law will make the failure to disclose the name of the air carrier operator for a charter flight a deceptive practice to the consumer. We understand that this new law also requires such information (aircraft charter operator) to be disclosed with any Internet advertisements accordingly.
Keep in mind that under the current laws, you usually can not tell the difference between a broker and operator as currently advertised on a website. Often brokers list aircraft available, when in fact they operate no aircraft. The best way to protect yourself is to always use a FAA certified aircraft charter operator. However we recommend that “due diligence” should be done whether using a broker or an operator. The following questions should be answered before making a final aircraft charter decision:
1. Are you a certified 135 air carrier? Get a copy of the air carrier certificate.
2. Are the aircraft offered available approved by the FAA? Request a copy of the certificate holders’ operations specifications DO85.
3. Are the aircraft offered approved by the Department of Transportation (DOT)? Request a copy of DOT certificate OST 4507. This form verifies the proper economic authority.
5. What is the liability insurance coverage? Most 135 operators will maintain 50M liability coverage on jet aircraft operations and 25M liability coverage for turboprop aircraft operations. It is not uncommon to find operators with 5-25M for jet aircraft, etc.. Ask for a certificate of insurance.
6. What is the operator’s safety record (accident/incidents/violations)?
7. Does the operator conform to third party audits (Wyvern, ARGUS, etc.)?
8. What is the operator’s crew experience level? This generally may be reflected in the cost due to less experienced crews are paid less.
This awareness along with following these steps of “due diligence” will significantly reduce your business risk exposure when using an aircraft charter broker and/or aircraft charter operator. One last tip to keep in mind: It is impossible for a broker to sell you an aircraft chartered trip without using a certified 135 operator. Contrastly, it is possible for a certified 135 operator to sell you an aircraft chartered trip without a broker.
Do you know the actual aircraft operator providing your charter service? Maybe now you will…you should.
Jim Alexander
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