DOT PENALIZES AIR TAXI FOR UNAPPROVED SCHEDULED SERVICE
March 25, 2019
On February 6, 2019, DOT issued a consent order and a $50,000 civil penalty against AirGate Aviation, Inc., a Florida-based air taxi that operates charter flights. DOT alleged that AirGate had advertised apparently regular “Bahamas Service” between New Smyrna Beach, Florida and Marsh Harbour, Bahamas, on its website and with the help of several resort and tourism websites. Though specific flight times were not posted on the websites, DOT investigators called AirGate’s reservation phone number and were offered choices among regularly operating flights. Given that “flights departed and arrived consistently within a 15-30-minute window, such that a lay person could surmise that flights were generally available at specific times of day,” DOT found that AirGate was operating as a commuter carrier in excess of its exemption authority.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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