Understanding FAA Compliance for Charter Operators

Jessica Ridenour
October 28, 2024

Running a charter operation comes with its own set of regulatory challenges, especially when it comes to compliance with the Federal Aviation Administration (FAA) regulations. Whether you’re an established operator or a startup looking to launch a new Part 135 charter business, understanding and navigating these regulations is crucial. In this post, we’ll explore some key aspects of FAA compliance that charter operators need to know and how legal guidance can help streamline operations.

What is FAA Part 135 Certification?

FAA Part 135 certification is required for businesses that operate on-demand, non-scheduled flights for compensation or hire. This certification sets the standards for everything from aircraft maintenance and pilot qualifications to operational procedures and safety management systems. Obtaining and maintaining Part 135 certification is a rigorous process. Operators must comply with a range of requirements related to:

  • Aircraft maintenance and inspections
  • Pilot training and duty time limits
  • Safety protocols and emergency procedures
  • Operational control and record-keeping

Failure to comply with these regulations can lead to fines, suspension of operations, or even revocation of certification.

Key Compliance Challenges for Charter Operators

1) Pilot Compliance and Duty Time Limitations

Charter operators must ensure that pilots meet all training and qualification standards set by the FAA, including recurrent training and checkrides. Additionally, managing duty time and rest requirements is crucial to maintaining compliance and safety standards.

2) Aircraft Maintenance and Documentation

Aircraft used under Part 135 must undergo more frequent inspections and maintenance than those used for private operations. Operators must keep meticulous records of all maintenance activities, including logbooks, airworthiness directives (ADs) compliance, and component tracking.

3) Operational Control and Record-Keeping

Maintaining operational control involves overseeing every aspect of a flight, including scheduling, dispatching, and monitoring. The FAA requires operators to have systems in place for documenting flight operations, from pre-flight planning to post-flight reviews.

4) Safety Management System (SMS) Implementation

The FAA encourages operators to implement a Safety Management System (SMS) to identify and mitigate potential risks. An SMS integrates safety practices into daily operations, and many charter businesses find it invaluable for minimizing incidents and improving compliance. However, developing and maintaining an SMS that meets FAA standards can be complex and often requires legal expertise.

Common Compliance Pitfalls

Despite their best efforts, many charter operators encounter compliance issues that put their certifications at risk. Some common pitfalls include:

  • Inadequate pilot records and training documentation
  • Failure to maintain up-to-date maintenance logs
  • Mismanagement of operational control responsibilities
  • Insufficient or improperly implemented safety management procedures

These pitfalls not only expose operators to FAA penalties but can also lead to insurance complications, increased liability, and loss of business reputation.

How Legal Support Can Help

Navigating the complexities of FAA regulations is no easy task. Legal support can be invaluable in ensuring that your operations remain compliant and efficient. Here’s how an aviation law firm can assist:

Regulatory Guidance and Audits

An aviation attorney can help conduct internal audits of your operations to identify potential compliance issues before they become major problems. Legal experts also provide guidance on how to meet FAA requirements effectively.

Certification Assistance

For new operators seeking Part 135 certification, an experienced aviation attorney can streamline the application process, ensuring that all documentation and procedural requirements are met. This helps avoid delays and increases the likelihood of a successful certification.

Dispute Resolution and Compliance Defense

If your operation faces FAA enforcement action, having legal representation can be crucial. An aviation attorney can defend your business, negotiate with regulatory authorities, and work to minimize penalties or resolve disputes.

Conclusion

FAA compliance for charter operators is a multifaceted challenge, but with the right knowledge and legal support, it can be managed efficiently. Whether you’re looking to obtain certification, improve your compliance processes, or address regulatory disputes, our team at Ridenour Law Firm is here to help. Contact us today to learn how we can support your aviation business and keep your operations flying smoothly and within the law.

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