Aircraft Use Policy – Who Gets to Fly on the Company Jet?

In view of the increased number of first-time aircraft buyers and companies lifting travel restrictions imposed during the COVID pandemic, we asked David, Mayer, a Partner at the law firm of Shackelford, Bowen, McKinley & Norton, to discuss just “who” gets to fly on aircraft operated by a company.

Topics covered include:

• Why should companies have an aircraft use policy.
• The need for a use policy to cover all company aircraft, fractional shares, and charter aircraft.
• Who decides who may use the company’s aircraft?
• The Russia sanctions imposed by the US and other nations. How do you ensure an aircraft you are chartering, or an individual chartering your aircraft, is not an entity that is sanctioned?
• Tax implications associated with personal use of the company aircraft.
• The aircraft use policy and Federal Aviation Regulations.
• Disclosure requirements for public companies operating aircraft.
• Who is usually responsible for administering the company’s aircraft use policy?

About David G. Mayer

David’s practice mainly focuses on private aviation and other equipment transactions worldwide. David devotes most of his time to business aircraft matters, including transaction structuring, negotiation, and drafting; federal regulatory compliance; federal and state tax planning, purchases, sales, financing, leasing, risk management, and OEM customer purchases and disputes. His clients include high-wealth and company private jet owners, operators, corporate flight departments, and management companies. He continues to use and build on decades of experience representing lessors, lenders, and other financiers in leasing and secured lending on other personal property. His tasks range from simple to the complex. For aviation, he often starts advising his clients from the beginning of the aircraft experience and lasting throughout the life of ownership, leasing, operation, and disposition of the aircraft.

About Shackelford, Bowen, McKinley & Norton, LLP

Shackelford, Bowen, McKinley & Norton, LLP represents clients in matters involving business, commercial, and entertainment law based on years of experience in courtroom trials and negotiations across the U.S. We assist large corporations as well as individuals in a variety of industries, including aviation, energy, entertainment, financial institutions, health care, hospitality, real estate, and retail automobile sales.