14 C.F.R. § 298.3

Classification

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(a) There is hereby established a classification of air carriers, designated as “air taxi operators,” which directly engage in the air transportation of persons or property or mail or in any combination of such transportation and which:

(1) Do not directly or indirectly utilize large aircraft in air transportation;

(2) Do not hold a certificate of public convenience and necessity and do not engage in scheduled passenger operations as specified in paragraph (b) of this section;

(3) Have and maintain in effect liability insurance coverage in compliance with the requirements set forth in part 205 of this chapter and have and maintain a current certificate of insurance evidencing such coverage on file with the Department;

(4) If operating in foreign air transportation or participating in an interline agreement, subscribe to Agreement 18900 (OST Form 4523 or OST Form 4507) and comply with all other requirements of part 203 of this chapter; and

(5) Have registered with the Department in accordance with subpart C of this part.

(b) There is hereby established a classification of air carriers, designated as “commuter air carriers,” which directly engage in the air transportation of persons, property or mail, and which:

(1) Do not directly or indirectly utilize large aircraft in air transportation;

(2) Do not hold a certificate of public convenience and necessity;

(3) Carry passengers on at least five round trips per week on at least one route between two or more points according to its published flight schedules that specify the times, days of the week, and places between which those flights are performed;

(4) Have and maintain in effect liability insurance coverage in compliance with the requirements set forth in part 205 of this chapter and have and maintain a current certificate of insurance evidencing such coverage on file with the Department;

(5) Have and maintain in effect and on file with the Department a signed counterpart of Agreement 18900 (OST Form 4523) and comply with all other requirements of part 203 of this chapter; and

(6) Hold a Commuter Air Carrier Authorization issued in accordance with subpart E of this part.

(c) A person who does not observe the conditions set forth in paragraph (a) or (b) of this section shall not be an air taxi operator or commuter air carrier within the meaning of this part with respect to any operations conducted while such conditions are not being observed, and during such periods is not entitled to any of the exemptions set forth in this part.

Notes of Decisions

Cited in 7 cases, 1975–2020 · leading case: Air Evac EMS, Inc. v. Sullivan, 331 F. Supp. 3d 650 (W.D. Tex. 2018).

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Air Evac EMS, Inc. v. Sullivan, 331 F. Supp. 3d 650 (W.D. Tex. 2018). · cites it 3× “E (Air Taxi Operator Registrations); 14 C.F.R. § 298.3 (a). When Air Evac transports a patient who was injured at work and whose medical expenses are covered by a workers' compensation policy, the Texas Workers' Compensation Act (TWCA), Texas Labor Code §§ 401.”

PHI Air Med., LLC v. Tex. Mut. Ins. Co., 549 S.W.3d 804 (Tex. App. 2018). “" 14 C.F.R. § 298.3 (a). We conclude that an air-ambulance service, as an air taxi operator, is an air carrier that may provide air transportation under Subpart II, 49 U.”

Epic Aviation, L.L.C. v. Testa (Slip Opinion), 2016 Ohio 3392 (Ohio 2016). “As an “air taxi operator,” 14 C.F.R. 298.3, AirNet was not required to obtain a certificate of public convenience and necessity.”

Horizon Air Indus., Inc. D/B/A Horizon Air v. United States Dep't of Transp., San Juan Airlines, Inc., Intervenor (Two Cases), 850 F.2d 775 (D.C. Cir. 1988). “” 14 C.F.R. § 298.3 (a)(1). The Department's regulations consider any airplane with more than 60 seats a "large aircraft.”

Union of Prof'l Airmen (An Affiliate of the Air Line Pilots Ass'n Int'l) v. Civil Aeronautics Bd., 511 F.2d 423 (D.C. Cir. 1975). “Air taxi operators are defined by 14 C.F.R. § 298.3 : (a) There is hereby established a classification of air carriers, designated “air taxi operators” which engage in the direct air transportation of passengers and/or property, and/or in the transportation within the 48…”

Texas Mut. Ins. Co., Hartford Underwriters Ins. Co., Tasb Risk Mgmt. Fund, Transp. Ins. Co., Truck Ins. Exch., Twin City Fire Ins. Co., Valley Forge Ins. Co. v. Phi Air Med., LLC (Tex. 2020). “See 14 C.F.R. § 298.3 (a)–(b) (2005). Upon the request of first responders or medical professionals, PHI provides its services without regard to a patient’s insurance status or ability to pay.”

Forum Ins. v. Seitz Aviation, Inc., 737 P.2d 29 (Kan. 1987). · cites it 2× “Air taxi operator means an air carrier coming within the classification of air taxi operators established by 14 C.F.R. § 298.3 (1986). ( 14 C.F.R. § 298.”

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