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Fly Air Peace

BY ANTHONY OMOH


Aviation regulators, legitimate operators, and brokers worldwide are battling a persistent threat as old as aircraft charter itself: grey charter flights. These illegal operations exploit regulatory loopholes, endanger lives, and strip billions from compliant businesses and governments.

Grey charter flights refer to any unlicensed or illegal private jet operation where an aircraft owner or operator offers flights for hire without holding a valid Air Operator’s Certificate (AOC). 

Only operators with an AOC are authorized to conduct commercial air transport, ensuring compliance with safety, crew training, maintenance, and insurance standards that protect passengers and uphold aviation integrity.

According to Paul Ludick, Sales Director for Africa at ACASS, grey charter flights have become a worldwide concern with profound safety and economic implications.

“Charter is a service, so any revenue lost to grey charter flights is lost for good,” he explained. “It’s not like a product you put on the shelf and sell later.

In terms of reputation, since grey charters are unlicensed and illegal, any bad experiences people have with them is a black eye for the whole industry. Travellers are often completely unaware of the distinction between grey charters and legitimate operators.”

While not new, these illegal operations have surged globally in recent years. Experts estimate that grey charter flights drain between $500 million and $1 billion annually, undermining legitimate operators and eroding public trust.

Grey Charter Flights: The Global Threat 

Grey charter flights often disguise themselves as private or corporate movements, making them difficult to detect. Because they evade regulation, they also avoid the costs of certified maintenance, crew rest requirements, and insurance oversight, allowing them to offer lower rates and flexible schedules.

“Ludick noted that many legitimate and compliant charter operators have lost significant revenue to these illegal flights. “Illegal charters are conducted by crew and owners using their private-category aircraft for commercial gain,” he said.

This issue is not unique to Africa; it’s a problem worldwide. Since grey charter flights can choose not to follow all the rules legitimate operators are subject to, they can charge lower prices, and travellers who don’t know better can be easily drawn in.

Industry associations such as The Air Charter Association and ACASS have long warned against these operations, urging clients to verify an operator’s AOC, ask about safety compliance, and avoid suspiciously cheap offers.

Transparency, they argue, is the hallmark of a legitimate provider. Despite awareness campaigns in Europe, North America, and the Middle East, the problem persists, with success stories of illegal operators inspiring copycats in other regions.

Nowhere is this trend more visible, or more dangerous, than in emerging markets like Nigeria.

grey charter flights
A lineup of unmarked private jets parked on a quiet apron at dusk, symbolising the opaque world of unregulated charter operations often linked to grey charters. AI-generated.

Nigeria’s Struggle Against Illegal Charters

In Nigeria, the Civil Aviation Authority Issues Private Non-Commercial Flight (PNCF) permits strictly for private use, such as executive or family travel without hire or reward. These flights, being non-revenue generating, are exempt from AOC requirements. 

However, many aircraft owners holding PNCFs have flouted the rules by operating for hire, effectively running covert commercial services. This practice blurs the line between legal private flying and regulated charter operations, creating a dangerous regulatory blind spot.

Since PNCF flights are not subject to the rigorous standards imposed on AOC-certified operators, such as commercial-level training, maintenance oversight, and full passenger insurance, they undermine both safety and fair competition.

The economic implications are equally troubling. Licensed business aviation companies that invest heavily in compliance lose millions annually to unlicensed competitors who evade taxes and regulatory fees. According to estimates, the Nigerian government has lost about ₦120 billion in the past decade due to such illegal operations.

NSIB and NCAA Uncover Systemic Abuse

The Nigerian Safety Investigation Bureau (NSIB) exposed the depth of this abuse in its November 2023 report on two serious incidents at Ibadan Airport.

Investigators found that the private charter used had operated passenger and cargo flights without valid commercial approvals, violating the terms of their PNCF permits.

Following the report, the NCAA launched a nationwide verification exercise, ordering all PNCF holders to submit for re-evaluation within 72 hours. The exercise, concluded on April 19, 2024, uncovered widespread non-compliance and led to the suspension of ten operators.

The NCAA clarified that these suspensions were issued under the Nigerian Civil Aviation Regulations (Nig. CARs 2023), Part 18.3.4, which prohibits PNCF holders from operating for hire or reward.

Mshelia’s Call for Tougher Sanctions

Veteran pilot and Chairman of West-Link Airlines, Captain Ibrahim Mshelia, believes that suspensions alone are not enough. He describes the trend as “economic sabotage” that harms legitimate businesses and deprives the government of revenue.

People with AOCs get a bill and pay overtime, and this goes into government coffers. But these illegal operators are totally off the radar of taxes, and when last I checked, tax evasion is still a crime,” he said.

Mshelia emphasized that agencies such as the Department of State Services (DSS) and other security bodies should intervene to cleanse the sub-sector and hold offenders accountable.

Passenger Awareness: The Hidden Fuel Behind the Problem

Beyond regulatory breaches and economic losses, passenger behavior remains a major enabler of grey charter flights. Many clients, lured by lower costs and flexible scheduling, unknowingly patronize illegal operators without realizing the risks.

Ludick warned that the “friends and family” loophole often shields such operators from detection. “Owners and crew exploit this gap, claiming passengers are acquaintances. It can be very hard to catch and stop,” he explained.

He further cautioned that passengers who use grey charters face severe risks. “If passengers on grey charter flights are seriously injured or dies in an accident, the insurance company can repudiate the claim once it proves the flight was illegal. Even the crew’s life insurance could be challenged.”

He added that for aircraft owners, the legal, civil, and operational risks far outweigh any short-term profit. “Grey charters can also lead to ethical owners and operators being unfairly penalized when they operate their aircraft in other countries,” he warned.

Mshelia shared a similar concern, urging passengers to verify flight legitimacy before boarding. “The NCAA should ask the DSS to check their operations,” he said. “What business do you operate when you fly three or four times a day, yet claim to be private?”

How to Avoid Grey Charters

Ludick advised that the aviation industry must reduce the prevalence of grey charter flights by combining enforcement with accountability. 

“Authorities should impose substantial fines and even imprisonment on owners or crew who knowingly engage in illegal charters,” he said. He also urged travellers to be cautious of deals that seem too good to be true and to always verify the operator’s licensing and certification.

He explained that one practical measure regulators can take is to increase ramp checks and scrutinize passenger manifests to distinguish legitimate private flights from disguised commercial ones. “Inspectors should ensure that the General Declaration clearly differentiates between ‘friends and family’ of the owner and fare-paying passengers,” he added.

A Call for Global Vigilance

From Lagos to London, Dubai to Dallas, the challenge remains the same: how to preserve aviation safety and fair competition. The persistence of grey charter flights reflects both regulatory gaps and passenger complicity. 

Experts agree that enforcement alone cannot solve the problem; it must be paired with education, international cooperation, and zero tolerance from both regulators and clients.

As Ludick concluded, “The best protection is working only with licensed operators who are transparent, professional, and compliant. Travellers should ask questions and verify before they fly. Grey charter flights thrive in ignorance, but awareness can shut them down.”

Ultimately, whether in Nigeria or abroad, aviation’s credibility depends on one principle, the collective refusal to compromise safety for convenience.

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