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Executive Airways, LLC

Order 04-03-28
OST-04-16943 - Violations of 49 U.S.C. 41101 and 41712

Issued and Served March 29, 2004

Consent Order

Companies engaged in air transportation are required to hold economic authority from the Department under 49 U.S.C. § 41101. A carrier may also operate small aircraft as an air taxi under the exemption authority of 14 CFR Part 298. Executive Airways is a charter company that operates its own small aircraft. However, it is not registered as an air taxi under 14 CFR Part 298. Thus, it does not have the economic authority itself to hold out or to provide air transportation, directly or indirectly. Executive Airways has nonetheless engaged in certain air carrier services. In this regard, since January 1, 2003, Executive Airways conducted various charter flights, either contracted by Raytheon Aircraft Management (hereinafter Raytheon) or by the company itself, and many "owner/operator" flights. Executive Airways' unlawful operations as an air carrier, in addition to violating the certificate requirements of Title 49, constitutes an unfair and deceptive trade practice and an unfair method of competition in violation of 49 U.S.C. § 41712. Executive Airways, LLC, is assessed $10,000 in compromise of civil penalties.

By: Rosalind Knapp

 

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