Illegal charter

[jcbfly]

I have searched some to no avail so will post the questions here. I will also state that I am not going to blow the whistle but am only trying to figure out what the implications are for all involved as some are my friends.

The basics are an N reg jet operating for hire in SE Asia without being on a 135 certificate. The other potential possibility is that the plane is still on a valid 135 but is operating without the knowledge of the Cert Holder back in the US as a different company name is listed as the operator on the ATC flight plan.

What actions can or does the FAA take against the listed operator (management company only), airplane, pilots and/or the third party non-crew members required for the operation?

Thanks for any insight provided.

 

[pilotyip]

Is the area of SE Asia listed in Op Spec B-50?, is the airplane listed in the Part A Op-Specs, is operational control in effect for all operations outside of Conus? are the pilots flying current under an apporaved part training program 135? There are a lot more questions that would need to be answered.

 

[can99]

What about the fact you can Lease in N registered aircraft and operate them on the foreign cert , this is common in Asia and Africa. So in fact it may not be a illegal charter as its being operated under or by the foreign charter certificate holder. Its even possible and better to actually take a plane thats on a 135 certificate and operate it under lease for us in Asia.

 

[jcbfly]

Thanks for the responses. Pilotyip - I don't think the additional questions apply as there is no certificate to refer to. Same goes for the foreign cert scenario Can99.

I'm just curious what the potential is for all those concerned in the eyes of the FAA. The pilots were told the flights were non revenue 91 and the authorities - when asking about the necessary permits to fly commercial flights - were told the flights were test flights - crazy.

 

[JAFI]

Be very careful with laws in SE Asia. They have no sense of humor and the jail system there is shall we say less comfortable than Sheriff Joe's tents in the desert South West....

If there are US certified pilots flying a N numbered aircraft and they are holding out and operating for hire, (and not operating under another countries operating certificate) I would bet a months pay they require a 135 certificate. But then again with enough yankee dollars you can buy most everything.

 

[jcbfly]

Believe me - I'm not the one flying illegally. I was just looking for information from someone who may have heard about what has been done to operations like this in the past. I am just going to ask the FAA directly in order to help fore warn the pilot friend of a friend wrapped up in the ********************ty operation.

Safe bet JAFI - of course they need a 135.

cheers

 

[JAFI]

jcb,

It can depend on the rules of the country they are flying. International aviation law depends on the country they are in. I know of pilots who failed training in the US that were issued pilot certificates in their home country because they went "through training" in the US. Some failed training only to be shot when they went home. One flew on a ten year expired US temporary certificate because he did "not know" it expired (English being his distant second language).

If they are leased to another countries operating certificate you are outside my legal knowledge in that country. If they are not operating under another countries certificate I would think they need a US 135 certificate (too many unknowns to determine here).

Either way, I wish them good luck.