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Order 2012-4-17 - Private Air - Consent Order - Unauthorized Charter Passenger Transportation
Private Air, Inc.
Issued and Served April 13, 2012
This consent order concerns unlawful conduct by Private Air, Inc. in which the company held itself out as a direct air carrier, when it was not, and engaged in foreign air transportation as an indirect air carrier without the economic authority to do so, in contravention of 49 USC § 41301. These violations also constituted unfair and deceptive trade practices and unfair methods of competition in violation of 49 USC § 41712. This order directs Private Air to cease and desist from further violations of these statutory provisions and it assesses a compromise civil penalty of $25,000.
The Office of Aviation Enforcement and Proceedings initiated an investigation of Private Air in response to information from the FAA indicating that Private Air had operated charter flights into the US from Canada on aircraft registered to PCC. The FAA’s records showed that neither PCC’s operations specifications nor its Part 294 registration listed “Private Air” as a “doing-business-as” name. Although PCC apparently was the actual aircraft operator on these occasions, the Enforcement Office subsequently learned that from January 2009 until March 2010, Private Air had entered as a principal into contracts with charterers for a significant number of trans-border flights between Canada and the US. In addition, the Enforcement Office found statements on Private Air’s printed brochures and on its web site, such as “Private Air operates the Pilatus PC-12 aircraft,” that could have misled readers into believing that Private Air was a direct air carrier operating aircraft when, in fact, it did not. By holding itself out as a direct air carrier when it was not and by engaging in foreign air transportation without economic authority, Private Air violated 49 USC §§ 41301 and 41712.
By: Rosalind Knapp