skiddriver
Well-known member
- Joined
- Nov 27, 2001
- Posts
- 405
Opinions (supported by regs if possible). Can a non-certificated non-aviation company charter for the sole-use of an aircraft (i.e. for 100% of the aircraft availability) and then sell off some or all of that capability to other non-certificated non-aviation companies?
The scenario here is really more of a sharing agreement than open sale if that makes a difference. Company X contracts for 100% of an aircraft knowing that they only need a lesser percentage. They offer to "share" the service with Company Y with direct payments from Company Y to Company X. Each company schedules the flying as if they were a combined entity under some rules set up to apportion use. The charter provider retains operational control under their operating certificate, except that payment from Company Y goes to Company X and not the charter operator. The charter operator does not participate in setting the rates for Company Y use.
The scenario here is really more of a sharing agreement than open sale if that makes a difference. Company X contracts for 100% of an aircraft knowing that they only need a lesser percentage. They offer to "share" the service with Company Y with direct payments from Company Y to Company X. Each company schedules the flying as if they were a combined entity under some rules set up to apportion use. The charter provider retains operational control under their operating certificate, except that payment from Company Y goes to Company X and not the charter operator. The charter operator does not participate in setting the rates for Company Y use.