Wet-lease Guidance Issued by the FAA

 - February 9, 2007, 10:00 AM

Part 135 operators and charter management entities will be affected by a proposed policy guidance involving wet leases. The proposed guidance stems from several incidents–including the February crash of a Challenger at Teterboro Airport in New Jersey–in which the FAA said air carriers evidently allowed aircraft owners and lessees who do not have commercial certificates to conduct operations under Part 135, and in a few cases falsely hold “themselves out to the public as air carriers themselves.” In the case of the Challenger accident, the FAA has already taken enforcement action. The guidance proposed in the notice is intended to clarify when wet leases are considered unlawful and those that would be permissible, and to establish clear and proper command and control of flights. The National Air Transportation Association is troubled by some of the guidance language, which it says goes beyond current regulatory requirements. Comments are due November 25. For more information, contact the FAA at (202) 267-8166.