Operational control

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FAA definition of Operational Control: http://www.aams.org/Content/NavigationMenu/MemberServices/GovernmentAffairs/Operational.Control.pdf#search=%22faa%20definition%20%22operational%20control%22%22

The rapid expansion of the air charter industry in the early 2000s outpaced much of the regulation. In October of 2004 the Department of Transportation issued a notice to Air Charter Brokers about their relationship and transparency with clients and vendors (http://web.nbaa.org/public/ops/part135/charter_brokers.php, http://airconsumer.ost.dot.gov/rules/BrokerNoticeFinal.doc.) This document made it clear that brokers must clearly state who they represent and must not "hold out" to the public that they are offering air charter transportation without the authority of the DOT.

On February 2, 2005 a Challenger jet crashed at the end of the runway at Teterboro, New Jersey airport. The crash offered a test case for the new notice since it had been booked through a broker, who booked the jet directly from the aircraft owner who claimed it was managed by another company (http://www.ainonline.com/issues/04_05/04_05_teb_58.html, http://www.pattonboggs.com/newsletters/bln/Release/bln_2005_11.htm#3, http://dmses.dot.gov/docimages/pdf93/360129_web.pdf, http://www.pattonboggs.com/newsletters/bln/Release/bln_2005_10.htm#1)

This brought to light, not only the role of the broker, but also aircraft owner and the charter operator. The owner argued that the operating company had operational control and the operating company the other way around (the FAA sided with the owner http://www.ntsb.gov/alj/O_n_O/docs/aviation/5159.PDF.)

Pursuant to this disclosure, the FAA further defined Operational Control with the following document (http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-21226.htm) in order to better define wet lease agreements between aircraft owners and management companies.