With major regulatory changes in hand at the FAA and DOT, South Carolina state senator, USPAA member and Exodus Aircraft operator Josh Kimbrell shines a light on the impacts these may have on the Part 135 world.

by Josh Kimbrell

Small businesses tend to take the brunt of government over-regulation. It drives up the cost of doing business and drastically impacts the services that small businesses can provide. It’s happening across nearly every industry, every day, and it is nothing new in the way government regulators work, according to Exodus Aircraft operator Josh Kimbrell.

Following the financial crisis in 2009-2010, Congress passed the Dodd-Frank Financial Protection Act to ‘protect consumers’. The law stacked regulation on regulation to the point that only large banks could absorb the costs and survive. Predictably, smaller banks were forced to either close their doors or merge with larger institutions, bringing an end to the old local bank that served the small businesses in rural America.

The same thing seems to be happening in America’s national air travel industry.

Since the travel slump of COVID, Part 121 operators like American, Delta and United have shifted operational focus to major hub cities, leaving travellers in ‘fly-over country’ with limited options. While the Essential Air Service programme has given some assurance to these rural and underserved communities, the US Department of Transportation and the Federal Aviation Administration seem to be taking aim at Part 135 operators who are filling the gap in service.

Most of these private air charterers operating flights under DOT 380 are small businesses. They serve ticket counters in rural communities, connecting those travellers directly to the national air transportation system across America. 

Honestly, it should be a win-win. Underserved communities get direct air access, and small businesses create thousands of jobs and generate hundreds of millions of dollars in economic growth. 

But proposed DOT and FAA changes that could eliminate, or at least drastically revise, the DOT 380 programme would, in essence, shutter much of the Part 135 industry and impact so many of the smaller communities that these operators serve. 

The US Private Aviation Association has called for a ground stop on these regulatory changes. If the proposed changes to DOT 380, TSA’s Twelve-Five Standard Security Program, and new charter regulations are ever adopted, the result will mirror what occurred in the financial sector. Regulations will favour larger corporations, driving up costs for smaller businesses, leaving consumers with fewer choices and limited access.

Dodd-Frank largely enticed regulatory agencies to simplify their oversight role by having fewer, larger institutions to monitor instead of a multiple, smaller ones. The financial services industry has never been the same, nor have the communities that smaller banks used to serve. 

Rural and underserved communities cannot be left to suffer so that the FAA can consolidate regulatory categories. The future of private air travel is at stake, and pro-market leaders in Congress need to recognize the impact private air charter has across America and protect the playing field that serves every community in the country.

Sen. Josh Kimbrell is a state senator in South Carolina and operator of Exodus Aircraft, LLC, a Part 135 private charter operator based in Spartanburg, SC.

The US Private Aviation Association is urging the Federal Aviation Administration to reconsider proposed rule changes that could drastically alter the landscape of private air charter services, particularly the definition of “on demand” charter aviation. These changes, if enacted, could severely impact rural and underserved communities.

At the heart of the concern are revisions to long-standing definitions under Part 135, which governs “on demand” air charters. These rules have allowed private air charter operators to provide flexible and essential services to areas that commercial airlines under Part 121 often overlook.

The F.A.A.’s proposed changes would impose more stringent regulations, potentially forcing private operators to adhere to commercial airline standards—a shift that the USPAA warns would be devastating.

“These definitions have been in place for decades and have created an aviation economic ecosystem that serves millions of Americans, especially in rural and underserved areas,” said USPAA Executive Director Dave Wilson. “Revisiting these definitions without express congressional authorization threatens to dismantle this system.”

USPAA is particularly concerned about the impact on public charter services under DOT Part 380, which provide vital air connections to remote areas. Forcing Part 135 operators to comply with the heavier regulatory framework of Part 121 would cripple these services, leading to significant job losses, the closure of certain fixed-base operators, and billions in economic fallout.

While the USPAA acknowledges the need to evaluate security protocols, such as those under the Twelve-Five Security Program introduced in 2002, it stresses that these changes should not come at the cost of gutting essential air travel services.

In a letter to U.S. Secretary of Transportation Pete Buttigieg, USPAA called for the Secretary to intervene and ensure that any regulatory changes are carefully considered.

As the F.A.A. pushes forward with these proposals, the future of private air charter, and the critical role it plays in America’s aviation infrastructure, hangs in the balance.

A new voice for the private aviation industry has launched with the formation of the US Private Aviation Association (USPAA). A national membership organization devoted exclusively to the Part 135 private air charter industry, USPAA will play a vital role in helping the nation’s charter air operators shape the aviation landscape across America.

“USPAA aims to elevate industry standards, foster cooperation, and drive progress as a dedicated voice for Part 135 private air charter operators,” said USPAA Chairman Dann Standard of Bravo Air in Augusta, GA. “It is our priority that we advocate for fair regulations and policies that promote safety, growth and innovation in our industry.”

In 2020, charter air operations accounted for more than 11,000 aircraft in America’s skies and played a substantial role in the general aviation’s $47.4 billion impact to the American economy as reported by the FAA’s Economic Impact of U.S. Civil Aviation. “As we continue to climb out of COVID’s economic dip, we anticipate significant growth in private aviation beyond pre-pandemic levels in the coming years,” Standard added.

USPAA has been created to provide a platform for charter operators to connect, share insights and engage in collaborative efforts to support and grow the charter air industry. 

“We knew from day one that an organization like USPAA could bring operators together to meet common goals and address common issues,” said founding board member Chuck White of Hera Flight in Clearwater, FL. “We now have a dedicated voice that is focused exclusively on Part 135 operators. That is what we need for advocacy, collaboration and innovation in the private air charter industry.”

With more than 1,800 private air charter operators across the nation, USPAA focuses exclusively on the charter air industry. “We formed USPAA because we recognized the urgent need for an organization dedicated to our unique challenges and opportunities as private charter air operators,” said founding board member Erik Neiderman off STA Jets in Orange County, CA.

Full memberships are open to all private air charter operators with a Part 135 certificate. Associate memberships are open to individuals, businesses and industries that work with and support America’s private charter air operators.

Illegal charters in the aviation industry, often referred to as “gray charters,” refer to flights that operate in violation of federal regulations and safety standards. These flights typically involve aircraft operators or individuals who do not hold the necessary certifications, licenses, or approvals required for commercial air transportation. The goal of these regulations is to ensure the safety of passengers and crew and maintain proper oversight of air travel operations.

Here are some indicators that a flight might be an illegal charter:

1. Lack of Certification: The operator does not possess the required certifications such as an Air Carrier Certificate or an Air Operator Certificate (AOC) issued by the Federal Aviation Administration (FAA).
2. Price Discrepancies: The flight price is significantly lower than what established, legitimate charter operators are charging. This could indicate that the operator is cutting corners on safety and regulatory compliance to offer cheaper rates.
3. Advertising and Solicitation: If the flight is being marketed or advertised to the public as a charter service without proper authorization, it may be an illegal operation.
4. Payment Structure: Illegal charters may involve unusual payment structures, such as requiring payment in cash or using unconventional payment methods.
5. Unregistered Aircraft: The aircraft being used for the flight may not be registered for commercial operations or may not meet the safety and maintenance requirements for commercial flights.
6. Lack of Documentation: Legitimate charter operations are required to provide various documents and information to passengers, including safety briefings, terms of carriage, and other regulatory disclosures. If these documents are missing or inadequate, it could be a sign of an illegal charter.
7. Inadequate Safety Standards: Illegal charters may not adhere to the same rigorous safety standards and maintenance practices as legitimate operators.
8. Flight Request Handling: If the operator doesn’t ask for important details like passenger information, luggage weight, or flight purpose, it might be an indicator of an illegal operation.

To ensure that a flight is legal and operated by a legitimate charter provider, consider the following steps:

1. Check Operator Credentials: Verify that the operator holds a valid Air Carrier Certificate or Air Operator Certificate issued by the FAA. You can ask the operator for their certificate number and cross-check it with FAA records.
2. Research the Operator: Look for reviews, ratings, and testimonials from previous customers. Legitimate operators usually have an established online presence and positive customer feedback.
3. Ask Questions: Inquire about the operator’s safety practices, crew qualifications, aircraft maintenance, and insurance coverage.
4. Demand Documentation: Request important documents such as proof of insurance, aircraft registration, and safety certifications.
5. Use Reputable Charter Operators: If you’re using a charter operator, ensure they are reputable and have a history of legitimate operation.
6. Report Suspicious Activity: If you suspect an illegal charter operation, you can report it to the FAA or other relevant aviation authorities.

Remember that your safety is paramount, and choosing a legitimate and authorized charter operator is essential to ensure a safe and enjoyable flight experience.