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Wednesday, 16 November, 2016

Flytenow Attorneys Use Smoke and Mirrors to Attempt to Lower Flying Safety Standards

Flytenow Attorneys Use Smoke and Mirrors to Attempt to Lower Flying Safety Standards

Washington, DC, November 16, 2016 – In an article in the November 16, 2016 Wall Street Journal (Ride-Sharing for Pilots is No Flight of Fancy), attorneys for the on-line application Flytenow suggest the Federal Aviation Administration is banning pilots from using the Internet to take advantage of the share economy.  

“Flytenow attorneys continue to try and use smoke and mirrors in an attempt to convince people it is now acceptable to allow the general public to 'ride-share' with private pilots with potentially little flight time or training for challenging weather conditions,” stated NATA President Marty Hiller. “Rather than admit that for safety reasons our laws prohibit air transportation by unlicensed operators, their lawyers argue the Federal Aviation Administration (FAA) is anti-technology and is banning pilots from using the Internet. In fact, the FAA has not banned pilots from communicating on the Internet. As the U.S. Court of Appeals noted in one of several legal rebukes issued to Flytenow, 'Pilots communicating to defined and limited groups remain free to invite passengers for common-purpose expense-sharing flights…so long as they share a common purpose and do not hold themselves out as offering services to the public.' Consistent with previous attempts to offer the same service using telephone-based technology, the FAA determined the Flytenow service establishes private pilots as common carriers and therefore requires additional safety certifications for both the pilots and their aircraft."

Hiller continued, “The very existence of a 'common-purpose' test is Flytenow’s real legal dilemma and it is instructive to look at the legislative language that it supports. In order to override the agency’s safety regulations, Flytenow proposes to eliminate the common-purpose test. We do not believe the Supreme Court will grant cert in this matter because it is neither a novel question of law nor are there any disputes between the lower courts as to the FAA’s interpretation of the Flytenow model. NATA will continue to educate lawmakers on how Flytenow is simply selling old wine in a new bottle to ultimately undermine the safety of the flying public.”

Added NATA Board Chairman Andy Priester, President and CEO of Priester Aviation, a nationally recognized provider of on-demand air charter, “FlyteNow proposes offering its service to the general public. Right now, the public is protected through commercial authorizations by the FAA and DOT that require charter operators to adhere to significant maintenance requirements and pilot training requirements that are completely neglected by the FlyteNow model.”

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The National Air Transportation Association (NATA) has been the voice of aviation business for more than 80 years. Representing nearly 3,700 aviation businesses, NATA’s member companies provide a broad range of services to general aviation, the airlines and the military and NATA serves as the public policy group representing the interests of aviation businesses before Congress and the federal agencies.