KATE SARSFIELD / LONDON
ECAC group will seek agreement on fractional ownership in Europe and tackle transatlantic row over registrations
Pan-European aviation standards body the European Civil Aviation Conference (ECAC) has established a task force to find a common position on the regulation of fractional ownership in Europe and to address the protracted and contentious issues surrounding the operation of US-registered fractional aircraft on the continent.
The UK Department of Transport, which has come under fire from the USA for its hard line approach towards US fractionals, is believed to be the driving force behind the group's formation, which held its first meeting last week.
Key US business aviation players have, in response to the ECAC move, formed an ad hoc working group called the Private General Aviation Operators Committee (PGAOC) to pursue the industry cause. PGAOC members are meeting three European trade associations in London this week with the aim of establishing a common position. PGAOC members are the National Business Aviation Association (NBAA), the General Aviation Manufacturers Association, fractional operators NetJets and Bombardier Flexjet, and Jet Aviation and TAG Aviation. "There is an urgent need for clarification," says Brian Humphries, chairman of the European Business Aviation Association (EBAA) and managing director of Shell Aircraft International, the corporate flight department and aviation policy adviser for the Shell Group.
"European operators are simply looking for a global playing field with US operators, but eventually we should have a harmonised rule which covers the operation of fractionals globally," he says.
Central to the debate between the USA and Europe is the differing interpretation of a private aircraft operation versus a commercial one and, in particular, the role of the management company. The US Federal Aviation Administration regards the relationship between the fractional aircraft owner and its management company as private, whereas in Europe a management company is deemed commercial because it is being paid to operate the aircraft.
Consequently, European fractionals are regulated under the Joint Aviation Authorities JAR Ops 1 regulations as public transport, and are subjected to more restrictive operating and administrative practices than their corporate counterparts. US fractionals are governed under FAR Part 91 and the newly created Subpart K, which incorporates some Part 135 commercial aviation operating requirements.
"A number of meetings have taken place between the UK and US governments to find a solution, but nothing has been resolved," says NBAA senior vice-president of operations Bob Blouin. The ECAC working group is widely regarded as a step in the right direction for the industry. The task force, which includes representatives from all 42 ECAC member states, will address the safety and economic arguments for fractional ownership.
Mark Wilson, managing director of the UK General Aviation Manufacturers and Traders Association and EBAA representative at last week's meeting, says there is a consensus for a swift response to this issue which will benefit European business aviation operators as a whole.
Brian Humphries will replace Fernand François in October as chief executive of EBAA. François is retiring after 11 years at the helm.Source: Flight International
