"Legal Lease – Illegal Charter?" Article by Calfee Aviation Attorney Jerry Eichenberger Published in AOPA Pilot Protection Insights Spring Edition

Article

Aircraft Owners and Pilots Association Insights (Spring Edition 2023)

Jerry A. Eichenberger, Aviation Law attorney with Calfee, Halter & Griswold's Columbus, Ohio office, wrote an article, "Legal Lease – Illegal Charter?" that was published in the Spring edition of the Aircraft Owners and Pilots Association (AOPA) Insights newsletter.

In the article, Jerry explains the concepts of a "dry lease" as one that provides the use of an aircraft to the lessee and transfers the operational controls of flights to the lessee and a "wet lease" as being similar to a charter-type flight where the lessor retains the operational control of the flight, provides the flight crew, oversees aircraft maintenance, and is responsible for insurance for the aircraft. The article notes a significant increase in FAA enforcement actions related to alleged illegal charters, particularly since the effects of the COVID-19 pandemic hit the aviation industry. Jerry cautions that it may be prudent to have an aviation attorney review lease paperwork to ensure the legitimacy of a dry lease arrangement.