Guernsey Press

‘Grey’ charter flights ‘like unlicensed taxi’

CONCERNS have been raised about the safety of ‘grey’ charter flights, following the deaths of footballer Emiliano Sala and his pilot David Ibbotson.

Published
A tribute to Emiliano Sala at Cardiff City Stadium. He signed for the club, but never played for it. (24204512)

‘Grey’ charters are the middle ground between a commercial charter and cost-sharing – both of which are legal.

Commercial charter companies must have an air operator’s certificate to provide legal services. The company can then operate services for profit.

Cost-sharing is also legal and involves all parties sharing the cost equally between them.

British Air Charter Association chief executive Dave Edwards said it would be pushing the authorities to look at the industry.

‘We’re focussed on only two things in any flight – are they legal and are they safe?’ he said.

‘For the past 70 years, BACA has been bringing concerns on both of those issues to various regulatory authorities around the globe. We did this before this series of flights and we have certainly done so since on other flights.’

Channel Island civil aviation director Dominic Lazarus said getting an air operator’s certificate was expensive.

‘AOCs can cost ten of thousands, if you are an air charter with around three small craft, and can take between six and nine months to be awarded,’ he said.

‘It is necessary regulation that saves lives and ensures the security of the industry. It has been one of my mandates to stop all services operating for valuable gain without an AOC in the Channel Islands since I began last year.’

Cost-sharing is legal in certain circumstances.

‘With cost-share, the rules in the Channel Islands are much more stringent than the EU or UK simply because they haven’t been amended,’ Mr Lazarus said.

‘You cannot advertise outside of the flying club and you can only see the flying club ads if you are a member, so we are trying to keep it [cost-sharing] within the parameters of the club because it is a more private activity and we still want to ensure the safety and legality of those aircraft, although, by law, all aircraft receive an annual service.’

Mr Lazarus said problems with legality arose when people stray from cost-sharing to commercial flying.

‘An example would be a person in Alderney with no Aurigny flight that day offering a private pilot £500 to fly them to a destination,’ Mr Lazarus said.

‘That pilot would then be making valuable consideration from the flight without an AOC, which is illegal. However it does not have to be financial gain, it could be a favour. You are just not allowed to transport persons for gain in any respect without prior attainment of an AOC.’

Mr Lazarus likened the ‘on the quiet’ services to cheaper transport taxis, which are not regulated to the same degree.

‘Unfortunately the plane that killed Mr Sala did not have an AOC and this is why I stress we must educate the public,’ he said.

‘Always approach a charter who has an AOC. Never fly unregulated.’

His comments come as Guernsey-based air charter, Channel Jets, has been in the spotlight over flights connected with Sala’s transfer.

The Guernsey Press has been unable to contact the company for comment.

Previously it has told the media that it had provided full details to the Civil Aviation Authority.

The CAA said it would be inappropriate to comment, as there is an on-going AAIB investigation into the accident.

BACA has called on the aviation authorities to conduct detailed inquiries into how flights were paid for because each one – of which there are 12 – was listed on Europe’s air traffic control system as general aviation.

General aviation, is a non-commercial private flight, where no profit can be made.

According to BACA that leaves only a small number of options on how they were operated.

Football agent Willie McKay has said previously flights were paid for and commissioned by his family.