Part 135//91 legal issue
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Join Date: Jun 2017
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Part 135//91 legal issue
I am currently working with a small 135 company(A) (single pilot/single plane) and the owner of the company got a contract with a construction company taking their workers to a small island M-F departing early morning and return in the afternoon.
My company owner is trying to upgrade our certificate to 135 basis(5 pilots/5 planes) but meanwhile decided to create another plane leasing company(B) to take the big contract and work around the rule...So basically have a written leasing contract between company(B) and the construction company for leasing our airplane and pilots for their operation, the construction will create an account with airport to pay their own fuel and pilots (my co-workers) basically operates under 91.
Although the contract states the construction company has the "Operational Control" of the plane they are leasing, but the truth is our company dispatches "their" pilots and me every week to split the schedule...
I really like what I do and I don't wanna see our 135 certificate get taking away, I expressed my concerns to the owner regarding to the legal issues with getting around the rules and operates as 135 basis, but he said he consulted with aviation attorney, and everything is legal as long as my co-workers' pay check come from that construction company?
Based on the scenario I stated above, can anyone think if there's any legal issues with the same owner operates 135 company(A) and plane leasing company(B) under 91 to take this big contract and still be legal? He has the dispatch authority for both operations and is thinking buying more airplanes and hiring more pilots for that 91 leasing operations.
Correct me if I am wrong, I told my owner "whatever you are doing is fine, as long as you keep your 135 airplane and pilot out of this so it won't be suspicious to FAA with your 135 operation" But he said "construction is leasing airplane and pilots from him, and I just do my 135 whenever they need additional planes" BUT the truth is he gets decide who's flying which dates based on the amount of passengers that construction company needs!
My company owner is trying to upgrade our certificate to 135 basis(5 pilots/5 planes) but meanwhile decided to create another plane leasing company(B) to take the big contract and work around the rule...So basically have a written leasing contract between company(B) and the construction company for leasing our airplane and pilots for their operation, the construction will create an account with airport to pay their own fuel and pilots (my co-workers) basically operates under 91.
Although the contract states the construction company has the "Operational Control" of the plane they are leasing, but the truth is our company dispatches "their" pilots and me every week to split the schedule...
I really like what I do and I don't wanna see our 135 certificate get taking away, I expressed my concerns to the owner regarding to the legal issues with getting around the rules and operates as 135 basis, but he said he consulted with aviation attorney, and everything is legal as long as my co-workers' pay check come from that construction company?
Based on the scenario I stated above, can anyone think if there's any legal issues with the same owner operates 135 company(A) and plane leasing company(B) under 91 to take this big contract and still be legal? He has the dispatch authority for both operations and is thinking buying more airplanes and hiring more pilots for that 91 leasing operations.
Correct me if I am wrong, I told my owner "whatever you are doing is fine, as long as you keep your 135 airplane and pilot out of this so it won't be suspicious to FAA with your 135 operation" But he said "construction is leasing airplane and pilots from him, and I just do my 135 whenever they need additional planes" BUT the truth is he gets decide who's flying which dates based on the amount of passengers that construction company needs!
