This article by David Rimmer, FRAeS, originally appeared on Aerosociety.com.
With aircraft charter at its busiest in history and a flood of new passengers flying privately, DAVID RIMMER FRAeS provides an insider’s view of the safety and legality of air charters.
Much has been written about air charter safety since the 2019 accident that killed acclaimed footballer Emiliano Sala and David Ibbotson, the pilot in command of the illegal flight that led to their deaths.
Although the immediate cause of the accident was carbon monoxide poisoning, which incapacitated the pilot and his famous passenger, the true origins were much wider than a single mechanical failure.
An investigation into the accident revealed multiple layers of improper and illegal conduct and resulted in the criminal prosecution, conviction and imprisonment of David Henderson, for his role in orchestrating the flight.
The jury ruled that he ‘endangered the safety of an aircraft,’ despite his lawyers’ assertions that the lack of an AOC, and Ibbotson having neither current training on the aircraft nor a commercial pilot license were merely paperwork technicalities. This was apparently not a first time offense, but rather part of a continuum of behaviour, backed up by courtroom testimony, emails and texts.
There were additional ethical and regulatory breaches but, suffice to say, there was little to nothing that was ethical or legal about the ‘grey’ charter flight or the conduct of those involved. By all accounts, the behaviour was wilful, not inadvertent, a key factor considered in the criminalisation of the accident and ultimately, the conviction.
QUICK FIXES AND POSITIVE PRESS
Most aircraft accidents receive only fleeting attention from the public. But high profile accidents such as [the Sala crash] generate intense pressure on politicians and regulators to ‘do something’ that will improve aviation safety. Such pressure often results in quick fixes that appear effective and generate positive press, rather than lasting solutions.
Examples of such responses include the 2020 Sikorsky S76 crash in California that killed American basketball superstar Kobe Bryant and eight others and lead to renewed calls for greater focus on SMS and flight data recording on rotorcraft and the back-to-back crashes of Boeing 737MAXs that caused the 20-month grounding of the entire MAX fleet and scrutiny of the relationship between the manufacturer and its regulators. The latter also led to the consideration of criminal charges against Boeing.
In the further past, the 2009 Colgan Air Bombardier Q400 crash during adverse weather conditions in upstate New York, caused scrutiny of pilot fatigue, training records and increasing Air Transport Pilot minimum requirements. Meanwhile, in 2006, I survived a midair between a Gol Airlines Boeing 737-800 and Embraer Legacy 600 business jet. The incident resulted in the criminal prosecution of the Legacy pilots and air traffic controllers, yet few meaningful reforms.
REGULATORY CRACKDOWN
Aside from the pursuit of criminal charges, the main focus in the aftermath of the Sala crash has been an educational campaign targeting consumers about charter legality, as well as regulatory crackdowns on those suspected of conducting illegal charters.
Participants in the response have included the UK CAA and FAA, the Air Charter Association, National Business Aviation Association, National Air Transportation Association and other trade groups and government regulators.
While discussion of legality is a good start, it is also highly misleading. Identifying a legally certified operator is an important but basic first step and an oversimplified and one dimensional view of charter safety. Arguably this helps maintain the status quo among certificated operators and discourages illegal competition, but does little to make existing players any safer.
Imagine choosing a surgeon with the sole criteria being whether they graduated medical school, giving no consideration of what school they attended, their class standing, experience and success rate of a particular procedure. That is the equivalent of choosing a charter provider solely based on whether they have a certificate on a wall saying they are legal. Further analysis is needed.
A legal flight requires not only an operating authority, but a legal aeroplane and crew. However, since most aircraft accidents occur during such legal operations, more must be considered to make charter safer for the flying public.
SAFETY CULTURE
A key contributor to safety is an operator’s safety culture, which is much more difficult to assess than legality. A legal and safe flight is therefore the true goal. The definition of a safe carrier can be elusive to the layperson since there is no universal agreement among professionals about what constitutes safety.
True safety is much more nuanced than highly promoted considerations such as legality, SMS and third-party audits. Yet safety culture is rarely discussed or written about, likely because it is so much more challenging to quantify, audit and regulate.
An effective safety culture reflects such subjective considerations as pilot hiring qualifications, quality of maintenance oversight, presence of a just culture, compliance history and other aspects of how an air carrier and its leadership conduct themselves.
Many respected figures in the aviation industry – regulators included – claim flying is safer than it’s ever been because the accident rate is so low. Just as legality is misleading and superficial as an assurance of safety, so is the successful outcome of a flight. Flights may arrive safely, but may have been undertaken unsafely. The safe landing may be reflective of the many safeguards built into the system or just good luck that may one day run out.
An equivalent metric might be claiming a drunk driver is safe because they did not have an accident on the ride home from a pub. Outcome is just one aspect of safety – perhaps the easiest to quantify, but not one that is particularly deep.
BOOMING MARKET
With aircraft charter at its busiest in history as a result of pent up post-pandemic travel demand and ongoing staffing and customer service challenges facing the scheduled airline industry, a flood of new passengers are now flying private.
The demand boom has been accompanied by a number of fledgling air carriers and high net worth individuals putting their newly acquired jets to work in charter.
New charter buyers would therefore be well-served by considering the following when shopping for aircraft providers or engaging an independent consultant to do it for them:
1) Legality check.
Yes, by all means inquire whether your aircraft operator is legally authorised to conduct your flight and request documentation to prove it. If they cannot or will not confirm this, do NOT fly with them, regardless of how inexpensive it may be. Also ensure they show proof that they are approved to fly to your chosen destination utilising the specific aircraft that you have chartered.
2) Accident and incident history.
I know from personal experience that a single event should not be automatically disqualifying – even though some larger operators, brokers and third party auditors may disagree. Ask the operator for details of the accident, what lessons were learned and what changes were made in the aftermath. Then make an informed decision based on their responses.
3) Regulatory violations.
Like accidents, regulatory violations and sanctions are not necessarily disqualifying. The key is to determine whether any transgressions were a true safety threat and whether they were wilful and part of a pattern of behaviour, or just an isolated incident or legitimate misunderstanding. People and companies can make honest mistakes and it doesn’t mean they are bad people or operators. Again, their response should tell you all you need to know.
4) Be careful what you wish for.
Being told ‘no’ – whether as a child or a high net worth individual accustomed to the word ‘yes’ – is usually difficult to hear. It is the responsibility of the operator and the pilots to ensure your safety. At times, trips are rejected at the quoting stage due to such factors as range limitations and runways that are too short to operate from safely. Closer to flight time, flights may be cancelled or adjusted due to adverse weather, mechanical issues or crew fatigue or illness. Instead of shopping for someone in the marketplace to accept your trip, it may just be safer to delay or find a Plan B.
5) Financial health.
Like any business or individual, financial distress sometimes requires that difficult choices be made. An operator unable to pay its bills may be forced into uncomfortable situations that could affect your safety. Among the ways operators can save money are: hiring less qualified pilots, downgrading training for co-pilots and cutting corners on maintenance. An aircraft may also be unable to buy fuel or other services mid-trip due to suspended credit cards and other accounts. Buyer beware – especially if sending large prepayments for individual charters or charter card programmes.
6) Average pilot tenure.
Length of service says a lot about how satisfied employees are. Pilots often switch employers due to bad schedules, low pay and perceived lack of respect. High turnover could also be the result of poor leadership, lack of proper maintenance or inadequately trained co-corkers. There is a pilot shortage and many opportunities for flight crews to move on. But a rash of pilots leaving with less than a year of service could be symptomatic of deeper issues.
7) Regulatory self-disclosures.
While not a get out of jail free card, self-disclosures help minimise regulatory sanctions if an operator catches violations before a government inspector does. Most operators have availed themselves of the self-disclosure process at one time or another. Ask about voluntary self-disclosures but be suspicious if a carrier claims to never have experienced a compliance issue. It could be a claim that is usually too good to be true.
8) Lawsuits with employees, customers and vendors.
We live in litigious times. Although not all lawsuits are frivolous, a pattern of suing former employees, vendors and customers or being sued by the same groups could indicate deeper cultural issues. Some leaders weaponize the courts to settle scores and terrorise others and you could be next. Proceed with caution.
9) Participation in industry safety programs such as ASAP, SMS and Safety First. Voluntary participation in industrywide programmes is usually indicative of a desire to operate to a higher standard than required, while allowing for an open approach to error correction and non-punitive approaches to employee lapses.
10) Third party audit status and the difference between audit standards.
There are several well-known third party auditors who evaluate charter operators, including Wyvern, ARGUS and the Air Charter Safety Foundation (ACSF). Major operators and brokers such as Sentient, NetJets, Jet Aviation and VistaJet also maintain their own standards when they buy supplemental lift. Although many operators use audit results for marketing purposes alone, an audit generally demonstrates a willingness to being examined – sometimes deeply – by outside organisations. On-site audits leading to Wyvern Wingman, ARGUS Platinum and ACSF approval are more meaningful that desktop audits conducted remotely.
11) Pilot recruitment and hiring criteria.
The current pilot shortage is acute and will not be resolved any time soon. Business aviation pilots seem to be most vulnerable to leaving for the major airlines, causing some business jets to be uncrewed or insufficiently crewed. Many operators have also reduced their hiring minimums. Ask how your provider is responding to the shortage, and whether it has been forced to compromise its standards to continue flying.
12) Meet with the director of safety.
The DOS should be completely aware of the safety challenges operators encounter as well as the countermeasures employed to enhance safety. Ascertain if the DOS has direct access to senior leadership and is empowered to stop an unsafe operation. If not, it may be time to go to the next operator under consideration.
13) Trust but verify your aircraft.
You may have been promised a specific aircraft, only to have it changed at the last minute. Ensure that the operator and crew are authorised to fly the replacement aircraft and that it meets your criteria such as aircraft age.
14) Know your crew.
Verifying crew qualifications is part of the vetting process both at booking and within 24 hours of flying. Ask the operator to provide you with crew names and pictures and a copy of the trip check. Then, when you fly, verify that is the same vetted crew that will be flying you. A crew change may be completely legitimate, but it is also more common than you may think for operators to use ‘bait’ and then switch to less than optimal pilots for you and your loved ones.
YOU GET WHAT YOU PAY FOR
The above suggestions are not as daunting as they seem. Buyers should bear in mind that operating safely and legally is costly, requiring more overheads than flying illegally or unsafely.
A legal and safe flight is therefore likely to be more costly than ones operating to a lower standard. Hiring and training well qualified crews and maintenance staff – and developing a strong safety infrastructure – are inexpensive insurance.
Flying private is expensive – but don’t be tempted to save a few dollars at the cost of safety.
As a long-time charter executive and a crash survivor myself, I have always believed in the words of the founder of a now defunct discount US clothing chain that ‘An Educated Consumer is Our Best Customer.’
I can personally attest to the fact that not all operators, aircraft and crews are created equal. Be your own best customer and do your homework as if your life depended on it. Because it actually may.
David Rimmer
9 May 2023
