Flight Hailing App Company Fires Back Response To Town's Concerns

EAST HAMPTON, NY — A flight hailing app company that's been the source of some concerns for East Hampton Town officials has fired back a response, claiming that the information the town has recently shared was inaccurate.

BlackBird Air, Inc. said information recently presented in a release by East Hampton Town, as well as details on BlackBird's flights, is "incorrect. As the world’s first venture backed aviation marketplace it’s understandable that there might be confusion. BlackBird is committed to giving everyone more freedom through easy to access and low cost air travel," the company said. "But to be clear, BlackBird is not an air operator — we manage an online marketplace that presents users with options to meet their travel needs. For trips to East Hampton and the New York area, people can use our marketplace to charter an airplane or purchase a spot on an already scheduled flight. The operator who will conduct the flight is always identified when guests are making their selections via the app."

All operators listed or sourced in the New York area are authorized to do so by the Federal Aviation Administration and United States Department of Transportation, BlackBird Air, Inc. said.

"Additionally, safety is always our highest priority and BlackBird goes above and beyond FAA and DOT requirements to ensure we maintain our customers' trust in the marketplace. The statements in the press release are factually incorrect," BlackBird's response read.

"General aviation airports are public utilities that all Americans pay for and have the right to use. Unfortunately, today most of us don't have a way to access them. BlackBird is changing this by bringing everyone the freedom of flight," BlackBird's response added.

The East Hampton town board has asked federal officials to investigate proposals for the new flight-hailing app as well as new helicopter service that would commence operations at its airport.

According to a release from the town, the board, advised of plans by two aviation companies, BlackBird Air Inc., and Helicopter Flight Services, to commence commercial air services to and from East Hampton Airport, has submitted letters and a formal objection to both the Federal Aviation Administration and the United States Department of Transportation's consumer protection division, "raising questions about the companies' compliance with aviation laws and their authority to operate services as proposed."

Although the town owns and operates the airport, the federal agencies have regulatory authority over aviation services, and the town may not, on its own authority, bar the companies from operating at East Hampton Airport, the release said.

"BlackBird Air Inc. ("BlackBird") has announced that it will begin offering services, including 'prescheduled' services, to and from the East Hampton Airport. Before utilizing BlackBird's services, passengers should be aware of possible safety and/or legal risks associated with BlackBird's business model," East Hampton Town said.

According to BlackBird's website, a passenger will choose where he or she wants to go, lease an aircraft he or she wants to 'lease,' and then will be offered an option of various BlackBird-approved pilots who they can hire to fly the aircraft," the town said. "Once the passenger makes these selections and enters into the aircraft lease, additional passengers (unaffiliated with the primary passenger) can also select a seat on the aircraft for an additional fee."

Some published articles have dubbed BlackBird "Uber of the Skies" or Uber for planes.

The town said it wanted to ensure that all residents of East Hampton understood the "safety and legal aspects of utilizing BlackBird."

East Hampton Town officials said they believed there could be a "potential safety risk."

The town added: "Despite passengers paying BlackBird for seats on a BlackBird-offered flight, BlackBird does not necessarily comply with federal safety requirements for commercial air operators. This means that the aircraft (including maintenance, quality, and handling) and pilot (experience, licensure, rest time, and safety record) are not necessarily required to comply with the minimum standards applicable to commercial and charter flights. Instead, aircraft and pilots on BlackBird-offered flights are held the safety standard applicable to non-commercial aircraft and pilots."

East Hampton Town said it was also concerned with possible legal risks: "In its user contracts, BlackBird states that passengers assume 'operational control' of the flight. According to the FAA, 'operational control' is a very significant legal burden that should not be assumed lightly. Under federal aviation regulations, the person/entity with 'operational control' assumes all legal liability incurred by the aircraft, the pilot, or flight and is answerable in a court of law for any accident, safety incident, or regulatory violation that occurs on the flight. This appears to apply to BlackBird's users even though the user may not have seen the aircraft or pilot before the flight, may not have any experience in the aviation industry, and may not fully understand compliance with federal aviation regulatory obligations."

In addition, town officials also objected to an application by Helicopter Flight Services to commence with scheduled service at East Hampton Airport.

HFS, the town said, recently petitioned the United States Department of Transportation for authority to conduct scheduled helicopter flights between New York City and the Town of East Hampton.

"Under federal regulations, an air carrier must receive authority from the United States Department of Transportation before it can offer certain types of scheduled air service," the town said. "The town filed an objection to HFS's application on several grounds, including that HFS's application did not comply with federal regulatory requirements. The United States Department of Transportation has taken HFS's application under advisement and H.F.S. does not have authority to conduct the scheduled services at this time," the town said.

"We received information from the Office of the Supervisor of the Town of East Hampton, which will review," the FAA said.

Helicopter Flight Services and the U.S. DOT also did not immediately respond to emails requesting comment.