Practical Advice: Obtaining a Part 135 Certificate

I have a number of clients and inquiries from others who are ready to jump right in and get their air taxi service up and running. Their first question is "How do I get (and how quickly can I get) a Part 135 certificate?" My first bit of advice is: "Not so fast, shipmate."

I wish there was a simple, easy, and efficient answer. But, there is not. The FAA approval process is slow, tedious, and deliberate. It is hampered by a federal agency with many Flight Standards District Offices (FSDOs) that are underfunded and undermanned. The process has been further bogged down and negatively impacted by significant oversight by the FAA on Part 135 and charter operators that has resulted in some controversial decisions including the revocation of some operator's certificates. The most controversial of those was the revocation of the certificate of AMI Jet Charter, Inc. in October of last year and subsequent $10 million settlement agreement with TAG Aviation.

The FAA's focus is rightly placed on that of the safety of the traveling public. That is good. But, the Agency and Washington (who funds the Agency) have been slow to react to the demand for pending and future Part 135 operators. There are surely more pressing issues for the FAA such as JFK airport congestion and addressing the alarming rate of runway incursions. At the same time, at some FSDOs, there is a 2-3 year wait from filing the Preapplication Statement of Intent (PASI) until the FSDO can even start processing the application. Other FSDOs have responded to inquiries stating that they just are not processing new Part 135 applications at all right now.

However, all is not without hope. There are several options, but there are no magic answers. The first option is pursuing the formal application process from start for a new certificate. Next, you can consider purchasing an existing Part 135 operation. Finally, you can perhaps structure an operational agreement with an existing Part 135 operator as long as that other entity maintains clear "operational control." Needless to say, any of these options will take a lot of time. It also depends in large part on the geographic area of proposed operations and the applicable FSDO. Regardless of how you proceed, here are some practical suggestions:

Be proactive – In addition to sending in your PASI, schedule a meeting with your local FSDO to understand the process and get to know the personalities with whom you will be dealing. Check their website for any specific guidance. Ask questions. Listen. Follow up. Be diligent.

Be professional – Retain a team of experienced aviation professionals and trusted advisers to help you. You don’t need an army. But, you do need people who have credibility. For instance, a former FAA employee never hurts or a senior pilot with a proven history of professionalism. In appearance, demeanor, and your document submissions, look sharp. As a federal judicial law clerk many years ago, I learned very quickly that sloppy briefings filed with the court spoke very loudly. Such inattention to detail allowed the court to form an opinion about the lawyers long before they entered the courtroom and uttered a word in oral argument. Substance matters, but so does appearance.

Be prepared – Read and study the FAA certification materials, documents and guidance on the FAA website including Advisory Circular 120-49. Look also at Part 135 industry guidance like that on the NBAA website. Talk to others who have been successful. Even if there is a delay before you can submit manuals and materials to the FAA for the formal approval phase, start working on your manuals with your leadership team. Be prepared for every meeting with the FAA. Perhaps someone else will not be, and the FAA will start focusing its limited resources on your application instead.

Be polite – I can't overemphasize the importance of being polite in your dealings with the FSDO. By establishing a relationship of courteous interaction, you will be building the foundation and reputation that will last well beyond your certification. You will be creating your operation's identity and personality. In some of my most hotly contested enforcement proceedings defending major air carriers against the FAA for millions of dollars of proposed civil penalties and involving significant allegations of wrongdoing, being a strong advocate and a polite professional generated the best results for my client. Say "thank you." You don't have to be abrupt, impatient, rude or threatening to be a good advocate, especially when you are standing at the doorstep of a federal agency with your hands out.

Be patient - Look carefully at all your options. Perhaps pursue several at the same time until there is forward momentum on one. Realize from the start, there is not a turn-key manner to get a certificate. The scrutiny will be intense. The investment of time will be significant. The reward will be well deserved.

In summary, none of this advice is new or rocket science. It is just worth repeating. In fact, after initally drafting this post, I ran a Google search for "FSDO part 135 guidance" hoping to find a link to a local FSDO. Instead, the top search result was a great article from October 2006 on the NBAA website by Dave Hewitt entitled "Managing and Enhancing Your FSDO Relationship, Or 'How to Stop Worrying and Love the Feds.'" Mr. Hewitt, the Vice President Safety & Compliance at NetJets, has a strikingly similar Top 10 list on dealing with the FSDO. It's clear to me from reading his list that Mr. Hewitt and I have had similar interaction experiences with the FAA.

Next week, I will be leading a panel discussion with some operators and hopeful operators about these certification process options at the International Air Taxi Conference on January 26. The event will include a wealth of attendees who have "been there, done that." If you're interested in the process, this will be a great venue to network with others and get some practical advice.

You will notice that several of the newest air taxi companies like ImagineAir have posted copies of their single page certificates on their websites. They are proud of those certificates. They should be!