Foreign Ownership of a Fractional Company

[surveypilot]

Are there any restriction on foreign ownership of a 91 subpart k company? I know that 49 U.S.C. § 41102 addresses US ownership of air carriers, but I can't find anything that specifically addresses the citizenship requirements of the program manager.

TIA

 

[gutshotdraw]

I'm not sure about Part 91K but you can't survive in the fractional industry without a 135 certificate and the ability to fly charter. I KNOW the foreign ownership rules apply to that. Ask anybody that worked for TAG.....

 

[highnpressurizd]

No limits on 91k to my knowledge, but a foreign entity may not operate an air carrier here. FlexJet is the perfect example. Owned by Bombardier, but operate on a U.S. 135 certificate for non 91(k) flights, hence the "Solutions" call sign instead of "FlexJet" when flying part 135.

Note: I do not fly for Flex, so if I have over simplified or supplied incorrect information please correct me.

 

[gret]

It is "own or control" a US air carrier. Who controls "Solutions"? A Canadian company? What's the difference from TAG?

 

[Helmsalee]

Better lawyers.

 

[DUATS]

It is "own or control" a US air carrier. Who controls "Solutions"? A Canadian company? What's the difference from TAG?

Business Jet Solutions' majority owner is an individual who is a U.S. citizen. Bombardier is a minority owner and does not control the company, but does provide the aircraft through Flexjet.

One curiousity of the arrangement. Part 135 requires the operator to have "exclusive use" of at least one aircraft. Since all of the Lears and Challengers are operated by Flexjet as well, BJS needed an "exclusive" plane. The certificate lists a Cessna 172.

(You can look it up!)

 

[gret]

"Since all of the Lears and Challengers are operated by Flexjet as well, BJS needed an "exclusive" plane. The certificate lists a Cessna 172."


Freudian slip? Does the certificate have any a/c other than Flexjet's or the 172?

 

[surveypilot]

"Since all of the Lears and Challengers are operated by Flexjet as well, BJS needed an "exclusive" plane. The certificate lists a Cessna 172."


Freudian slip? Does the certificate have any a/c other than Flexjet's or the 172?

I don't know about now, but 12 years ago, I was flying an airplane that was on the BJS certificate. They had many airplanes around the country that were on their certificate. Since the operational control changes a few years ago, I don't know how many non-Flex airplanes they have on certificate.

 

[Flex-ible]

I don't know about now, but 12 years ago, I was flying an airplane that was on the BJS certificate. They had many airplanes around the country that were on their certificate. Since the operational control changes a few years ago, I don't know how many non-Flex airplanes they have on certificate.

That used to be true, but all those planes were removed from the certificate some years ago.

I heard about the 172 as well. I think it's parked in Addison somewhere.

 

[ProFracPilot]

I heard about the 172 as well. I think it's parked in Addison somewhere.

And for an airplane to remain on a certificate, a pilot has to remain current. Do the CP and DO draw straws to see who "gets" to take the check ride with a Fed every year? :laugh:

 

[Club ORD FO]

One curiousity of the arrangement. Part 135 requires the operator to have "exclusive use" of at least one aircraft. Since all of the Lears and Challengers are operated by Flexjet as well, BJS needed an "exclusive" plane. The certificate lists a Cessna 172.

(You can look it up!)

I'm 99.999% sure that is an urban myth. Where can that be looked up?

One of the lear 60s is a 135 only airplane, which is because of that requirement.

 

[surveypilot]

According to the FAA part 135 certificate registry there is indeed a C172 on the Jet Solutions, LLC certificate.

http://av-info.faa.gov/detail.asp?DSGN_CODE=J7SA&OPER_FAR=135&OPER_NAME=JET+SOLUTIONS+LLC

I'm 99.999% sure that is an urban myth. Where can that be looked up?

One of the lear 60s is a 135 only airplane, which is because of that requirement.

 

[gret]

I'm 99.999% sure that is an urban myth. Where can that be looked up?

One of the lear 60s is a 135 only airplane, which is because of that requirement.

§ 135.25 Aircraft requirements.



(2) Is in an airworthy condition and meets the applicable airworthiness requirements of this chapter, including those relating to identification and equipment.

(b) Each certificate holder must have the exclusive use of at least one aircraft that meets the requirements for at least one kind of operation authorized in the certificate holder's operations specifications. In addition, for each kind of operation for which the certificate holder does not have the exclusive use of an aircraft, the certificate holder must have available for use under a written agreement (including arrangements for performing required maintenance) at least one aircraft that meets the requirements for that kind of operation. However, this paragraph does not prohibit the operator from using or authorizing the use of the aircraft for other than operations under this part and does not require the certificate holder to have exclusive use of all aircraft that the certificate holder uses.

(c) For the purposes of paragraph (b) of this section, a person has exclusive use of an aircraft if that person has the sole possession, control, and use of it for flight, as owner, or has a written agreement (including arrangements for performing required maintenance), in effect when the aircraft is operated, giving the person that possession, control, and use for at least 6 consecutive months.

 

[luckydog]

I'm 99.999% sure that is an urban myth. Where can that be looked up?

One of the lear 60s is a 135 only airplane, which is because of that requirement.

Jet Solutions FOM 17-02 page 11,
CE-172-N; Day/VFR

 

[getonit]

Another thought, what rational person would want to own and run an aviation business?