Lawyers who focus on the general business and charter aviation industry segments need to be aware of a number of recent developments in regulatory, state tax and transactional law, as well as how these changes seem to be affecting the current negotiation of aircraft transactional contracts, i.e., purchase/sale, management and charter agreements.

The Federal Aviation Administration historically has focused its regulatory oversight and enforcement efforts on the large, scheduled, air carrier industry. But there has been a significant increase in FAA business and charter aviation industry oversight and enforcement in recent years, which arguably accelerated in 2005 as a result of a Challenger 600 aircraft crash in New Jersey at the Teterboro Airport that year. For example, the FAA in 2006 and 2007 issued new guidance to the air charter industry on operational control issues in the form of FAA Notices N8000.347 and N8900.4, both of which have since been absorbed into FAA Order 8900.1. And as recently as June 9, comments made at the National Air Transportation Association’s 2009 Air Charter Summit by John Allen, director of the FAA’s Flight Standards Service, and Dennis Pratte, manager of the FAA’s Part 135 Air Carrier Operations Branch, indicated the FAA would continue to focus significant regulatory oversight (and potentially enforcement activity) on the business and charter aviation segments into the future.

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