jets

Structuring the operations of expensive aircraft operated by well-endowed corporations is an activity associated with hazards. Engaging in this work requires a thorough understanding of the Federal Aviation Regulations, FAA Advisory Circulars, pertinent exemptions, and case law. In this article, we will examine this complex and confusing area of the law. The basic questions are who or what exercises “operational control” over the flights of the aircraft, and do those operations require the operator to possess an air carrier certificate issued under Federal Aviation Regulations Part 135?

On May 3, 2021, Palm Beach County (“PBC”) submitted a letter to the FAA Director of Airports requesting a stay of the FAA’s Final Agency Decision (“FAD”) requiring PBC to permit jets to operate at the Lantana Airport (KLNA). Three days after the FAA Final Agency Decision, PBC filed a Petition for Review with the United States Court of Appeals for the Eleventh Circuit.

Captain Errol Forman (a retired Eastern Airlines pilot) has been engaged in a struggle with Palm Beach County for nearly five years to force Palm Beach County to lift its restriction on the operation of jet aircraft at the Palm Beach County Park commonly known as Lantana Airport (hereinafter as “Lantana” or “KLNA”). Captain Forman’s…