Private Aviation Insights

Flying Private vs Flying Private Charter

Flying private is a broad term. Flying private charter is something very specific: a flight conducted by a certified air operator on a commercial basis.

Flying private vs scheduled airline

Flying private is a term used to describe transportation by private aircraft, where the passengers onboard, departure airport and destination are all determined by the pilot, aircraft owner or contracted party. This is in contrast to the type of flying we are all familiar with, which is with a scheduled airline where multiple passengers are purchasing a seat(s) on an advertised route. A scheduled flight is operated by an airline company dually licensed by the prevailing Civil Aviation Authority as well as any relevant foreign destination Authorities.

The intricacies of flying private

The intricacies of private aviation can be misunderstood by the public but should be clear to those working within the aviation industry. “Flying private” is a broad term that includes flying on a private aircraft owned by an entity or individual who covers the cost of the flight. There is also, “flying private charter”, when the private flight is being conducted by a certified air operator approved by the prevailing Civil Aviation Authority to conduct private charter operations on a commercial basis.

A commercial basis is established when compensation is paid for the flight to the benefit of the certified operator who maintains operational control of the crew and aircraft for the specified flight. The primary distinction between flying private vs flying private charter would be the compensation element.

Flying private charter requires operational control by a certified air operator

Operational control, with respect to a flight, means the exercise of authority by a single party over initiating, conducting or terminating a flight. The party exercising operational control bares the ultimate responsibility for the safe conduct and regulatory compliance of the flight. For private charter, operational control rests specifically with the certified aircraft operator approved by the Civil Aviation Authority to conduct charter flights.

Pilots hold no approvals for offering flights on a commercial basis

Pilots do not have independent authority or approval to operate an aircraft for charter compensation. Pilots who own or rent an aircraft may share certain operating expenses with passengers on a pro rata basis when those expenses involve items such as fuel, oil, airport expenditures, or aircraft rental fees. For an expense-sharing flight to qualify, the pilot and passengers must share a common purpose: the pilot must have an independent reason for travelling to the destination and must not hold himself or herself out as offering transportation services to the public.

Potential risks of flying with an uncertified aircraft operator

Passengers who fly on a private aircraft not under the operational control of a certified operator may expose themselves to following areas of risks:

What checks are completed to know a private charter is legal?

The below four items are used to confirm that the private charter is being operated legally:

Red flags for pricing in flying private charter

In private charter operations, invoices typically show a gross amount together with a flight contract that sets out the terms and conditions of the private flight(s) to be purchased. By contrast, passengers invited by an owner or pilot are not billed for flight charges unless the flight is being operated under cost-sharing regulations where a marginal reimbursement of flight expenses is allowed but would not include an aircraft charter fee or pilot fee.

Illegal private flights do occur

Illegal private flights occur around the world, where passengers/party have paid for a private flight not controlled by a certified air operator, carrying increased risk to travellers, impacting businesses, careers and lives. We hope that this article would help illuminate a topic that is often misunderstood and provide guidance to those passengers/parties who are looking to make the best decision for their family or colleagues.

At Latitude Air Charters, we carefully select our proposed aircraft from certified air operators.

The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.