The cost and merits of insurance in public life have been well documented. However, there is one area that has so far escaped attention due to its unusual nature – that of private aviation. Aviation, both public and private, is extremely well regulated.

Onerous, stringent compliance requirements as set out under JAR OPS 1 Air Operators Certificate (AOC), administered in Ireland by the Aviation Authority, to ensure that licensed carriers, whether in jet, helicopter or small aircraft, provide charter services to the highest possible standards.

All licensed carriers are subject to constant auditing and attention of their facilities by the authorities.

There are three main licences that are administered under the JAR OPS system, which include JAR OPS 1, public transport licence, JAR OPS Sub Part M, maintenance approval and also the JAR 145, also for maintenance approval.

The associated costs incurred by licensed carriers in achieving and maintaining compliance are significant.

Often an achievement and cost that is not recognised by the customer, which we believe is evidenced by the increasing number of small, unlicensed operators entering the market place. For instance we have become aware that there are many occasions of ‘private’ aircraft offering unlicensed charter in both the helicopter

and fixed wing markets in Ireland and across Europe, at a price disproportionate to the comm-ercial licensed operator.

The client is in most cases unaware that the service provider may be unlicensed and as such is entirely at a disadvantage in terms of the implications of chartering an aircraft in this manner.

This represents the most serious aspect of the potential damage caused by the unlicensed operator, in the event of an accident or an incident the unlicensed operator may find its insurances invalid and as such the passengers right of redress is compromised. Truly it is only when things go wrong that these inadequacies are uncovered.

Typically the requirements for the unlicensed operator’s entry into the market place is driven by a private owner attempting to reduce fixed costs by means of charter revenue offset – regrettably this is an altogether common occurrence in a developing market. We should say that the authorities are most active and interested in ensuring that these unlicensed operators are removed from the public transport market place.

However, due to the nature of the activity and the rapid growth in corporate aviation across Europe, this is proving to be a most difficult challenge. One also recognises that this is very much an industry problem and must be addressed urgently.

The means of compliance has never been more transparent with the harmonisation of standards within the Joint Aviation Authority states across Europe. It is imperative that the customer is educated –

made aware – of the absolute necessity to only hire suitably qualified operators. We suggest that a prerequisite question of any operator for each and every corporate aviation user should be for a copy of the operators JAR OPS 1 AOC.

This is the minimum measure of quality the user should insist the operator provides.

It is only through vigilance within the industry that we may work to eliminate the unlicensed operators from the market place – thus ensuring a safe environment for customers and operators alike.

Frank Moloney, accountable manager, Westair Aviation