How the FAA Shot Down "Uber for Planes"
And How It's Fighting Back
Imagine traveling from Boston to Martha’s Vineyard in under an hour and for less than $70. Believe it or not, this option was available from Flytenow’s website or app, by looking for a general aviation pilot who was making that trip, and then splitting the cost with that pilot and whoever else was sharing the flight.
Entrepreneurs were bringing private air travel to the masses until Flytenow’s leadership met with members of the Federal Aviation Administration to ensure that they were complying with all laws and regulations.
Instead of embracing this service, the FAA used tortuous logic to ban Flytenow and other online flight-sharing websites because it considered these to be “common carriers” (such as Delta Airlines). Private pilots cannot possibly comply with the myriad regulations that apply to the large airlines.
In what follows, Flytenow founders Alan Guichard and Matt Voska explain why the federal government should make the FAA allow flight sharing to get off the ground.
Jared Meyer: Flight sharing is nothing new, as people have always tried to find ways to fill empty seats on private planes. The problem was finding someone who wanted to go where you wanted, at the time you needed. And, from what I understand, it is still completely legal to find people to share flights (and their costs) by using old-fashioned tools such as bulletin boards or telephone calls. Why does the FAA not allow people to use peer-to-peer online interaction to make the process much more efficient and inclusive?
Alan Guichard: You’re exactly right. Pilots have always been allowed to share flights as long as the pilot and the passenger share a common purpose, which they clearly have on an online bulletin board such as Flytenow. The FAA’s concern is that online interaction will lead to sharing beyond what they refer to as “friends and acquaintances.”
For example, the FAA explained that advertising a shared flight on Facebook would be permissible if a person only had a few friends, but that the same flight would transform the pilot into Delta or American Airlines if he or she had “thousands” of friends. The FAA’s new requirement has the effect of restraining speech because there’s no way for a pilot to know what communication is lawful versus what isn’t.
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MV: We’re working on multiple approaches right now. We are in the process of filing a Petition for Certiorari to appeal to the U.S. Supreme Court in June.
Additionally, we’ve received support in Congress on the issue. Rep. Mark Sanford (R-SC) proposed an amendment to the FAA reauthorization bill that explicitly allows pilots to communicate and share their flights using the Internet. It has passed through committee and is now awaiting a floor vote.
We’ve had more pushback in the Senate where charter lobbyists came out in opposition to putting the same language in the Senate version of the bill. Instead, Senator Cory Booker (D-NJ) opted for a study on the topic to review making changes later. In Washington, a “study” means the legislation will likely never see the light of day. Ironically, the Senate recommended having the FAA itself conduct the study.
We’re urging people to make their views on this issue heard. It’s more than just a pilot’s right to communicate—the FAA’s position sets a very dangerous precedent for other executive actions to prohibit what should be completely legal online activity.
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Originally Posted by Ron Paul
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