The Air Charter Association (ACA) is urging the industry to remain vigilant to the risks associated with illegal charter activity with its annual Fly Legal Day today. This also marks the sixth anniversary of the fatal accident in which professional soccer player Emiliano Sala and pilot David Ibbotson were killed in a fatal accident flying from France to the UK.

In a statement issued last week, the industry group, which represents 430 members worldwide, emphasized that an illegal air charter flight is an unlicensed operation where the operator does not hold the required air operator or air carrier certificate. “They will be operating a private aircraft and accepting payment for the flight, which is not legal,” the ACA advised. “Operators without these licenses are not required to adhere to the strict regulatory standards of maintenance, crew training, and operational management that ensure the highest level of safety for travelers.”

According to the ACA, using one of its accredited brokers can ensure that a flight is booked with a legal operator with a correctly licensed aircraft and crew. The group, which was formed in 1949, urged people to report any operator they suspect may be offering or operating illegal charter flights.

ACA’s chief executive, Glenn Hogben, told AIN that it has received more reports about situations arousing suspicion, which it relays to national civil aviation authorities (CAAs) as appropriate. Reports can be made via the association’s website or directly to air safety regulators in the country concerned.

FAA and CAA Conduct Joint Checks

The FAA and the UK CAA have conducted joint checks of aircraft operators and have taken legal action in a number of cases. While acknowledging that regulators may not have sufficient resources to police illegal charter to the fullest extent, Hogben said the agencies have demonstrated high levels of awareness and respond quickly to reports of possible problems.

For charter customers not using an accredited broker, the ACA advises asking to see an air operator certificate and to verify that the specific aircraft proposed for a trip is listed on that document. “They should also ask about the crew’s qualifications and [flight] hours, as well as checking whether they are licensed to fly commercially and asking to see an insurance certificate and airworthiness documents for each aircraft,” Hogben said.

In November 2021, David Henderson was jailed for 18 months after being found guilty of “attempting to discharge a passenger in the UK without valid permission or authorization.” He managed the N-numbered, privately-owned Piper Malibu aircraft in which Sala and Ibbotson died after crashing into the English Channel.

“The Air Charter Association continues to play an active role in raising awareness of the danger posed by illegal charter flights, educating industry and the public, to prevent the occurrence of future air tragedies,” Hogben commented. “We call upon all members, associations, and aircraft industry colleagues to join us on January 21 to promote Fly Legal Day and bring attention to this important issue.”