Jan 11, 2019
The recently issued Part 295 regulations governing air charter brokers and revised Part 298 regulations applicable to air taxi and commuter air carrier operations have led to some confusion for those tasked with arranging and coordinating such flights.
“The new rules require the broker to give specific notices of their capacity as an agent of the customer, an agent of the carrier or as an indirect air carrier,” said Dayton Lehman, who led the Part 295 rulemaking process during his time with the U.S. Department of Transportation (DOT) and now serves as president of the Aviation Group at Capitol Business Solutions. “It’s not uncommon for schedulers to fill one or more of those roles, and the new rules raise questions as to who is ultimately responsible for a particular requirement on any given flight.”
Other frequent questions include whether or not a client is entitled to a refund if the broker fails to disclose the operator’s name, including all DBAs; how those responsibilities should be applied to jet cards and similar membership-based services involving agreements for more than one flight; and whether a broker is required to disclose to customers all pricing incentives they may have arranged with operators.
On Wednesday, Jan. 30 the “New Regulations for Air Charter Operators” session at the 2019 NBAA Schedulers & Dispatchers Conference (SDC2019) in San Antonio, TX will tackle these issues from two unique yet closely interrelated perspectives. The 1 p.m. session will address responsibilities of air charter brokers under the new rules, while the second half at 3:30 pm will cover operator and direct air carrier requirements.
“This expanded session builds on the well-received forum we held at NBAA-BACE last fall,” added Gary Garofalo, senior counsel at aviation law firm Garofalo Goerlich Hainbach PC. “That session went more than an hour over schedule, so we’re doing something different at SDC2019 to hopefully address the many questions and concerns that schedulers and dispatchers may have about their roles under the new regulations.”
Other scheduled presenters include Sentient Jet’s Adam Hohulin, Jason Maddux, a partner with Garofalo Goerlich Hainbach PC and DOT Deputy Assistant General Counsel Jonathan Dols.