‘Fly Legal’ has become a growing concern 

The pandemic boosted the popularity of chartered flights, which allows passengers to bypass many of the hassles of commercial flying. At the time of the Covid-19 pandemic, many air travellers preferred chartered flights to avoid crowded airport terminals and long security lines. This brought about a new challenge pointed out by aviation experts that it is too easy for passengers to inadvertently end up on an illegal charter.

The Air Charter Association (ACA) is drawing attention to the dangers of illegal charter flights through the annual Fly Legal Day that they put in place and observed on January 21 this year. The association is poised to make the annual event serve as a reminder of the dangers posed by illegal charter flights. They also are making a call for stricter vigilance and industry education.

In observing Fly Legal Day this year, they would be marking the sixth anniversary of the loss of Premier League footballer Emiliano Sala and pilot David Ibbotson in an illegal charter flight from France to the United Kingdom. 

This initiative should not escape the African continent as private charter continues to gain prominence among the wealthy. The scale of the problem can be seen from a comment by Brian Koester, director of flight operations and regulations at the National Business Aviation Association (NBAA), which represents more than 11,000 companies and professionals in the business aviation community: “The issue at its core is that folks are representing themselves as certificated charter operators, suggesting that they have met certain safety standards that the FAA has put in place, when in fact they have not,” Further, there have been reports that the United States’ Federal Aviation Administration has since the beginning of 2021, proposed about $9.5 million in civil fines against nearly two dozen companies for conducting charter flights without proper certification or qualified pilots.

The Air Charter Association encourages professionals within the industry to report any suspicious charters to regulators. This is one area where the airport community can play an active role in the African continent to assist the aviation sector to contain the rising challenge of illegal charters. 

Charters, the group is reported to have said, are illegal when conducted by operators lacking an air operator certificate or using private aircraft while accepting payment. In vetting a charter flight operator, experts advise that you ask to see the company’s Air Carrier Operating Certificate. If the company shies away from providing a certificate number, that is a red flag.

Ask to see the pilot’s credentials and make sure the pilot’s certificate is valid. Enquire about safety credentials. Follow up by asking the operator what SMS — safety management system — certificates and qualifications are in place. What that points to is that the charter operating company not only meets the minimum standard, but they’ve gone above and beyond to ensure that they’re operating as safely as they can. Having an SMS in place and enquiring that they’ve been audited and certificated by a third party to show that they’re doing the things they need to do to be safe is important. 

With respect to price, too low a price, experts say, should raise a red flag. Enquire about the rates for one hour flights as experts say that illegal charters can often undercut legitimate operators’ costs because they’re not subject to all the safety regulations. Doing so, experts say, could mean undercutting safety and putting people’s lives in danger. Also remember that tax is a reality and so expect to pay some taxes. An absence of itemized taxes can be another red flag, since legitimate charter companies are required to charge various fees. So do not be fooled by prices that appear too good to be true, as they could be an indicator of an illegal air charter.

Some other risks associated with private charter are the challenge of the plane not showing up and the individual incurs financial losses. Illegal charter operators can charge what they want, add costs when not expected, and make it impossible to get a refund when the aircraft is a no-show. In illegal charters, experts say, operational control is sometimes passed on to unwitting flyers; what that points to is that they are liable for the total cost of any damages, injuries, or legal fees. In some cases, this has resulted in passengers losing millions of dollars. And, being involved with illegal charter operators can have a detrimental impact on both an individual’s professional reputation and the reputation of the person’s business.

The warning by the Air Charter Association is that unlicensed operators are not bound by the rigorous commercial aviation regulations governing maintenance, crew training and operational management that are essential for passenger safety.

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