Flytenow's other wing clipped: second appeal fails

Flytenow, the bunch of idiots agile and disruptive app-driven startup that reckoned it could disrupt general aviation, has been given an almighty “don't argue” by the US District Court, Columbia Circuit.

In this decision, the court makes it clear that Flytenow's pilots are operating in a common carrier capacity, and need commercial pilot's licenses.

Flytenow had already tried once to get the FAA to turn a blind eye on its operations. That was kiboshed in December 2015 by an appeals court in Washington, so the operator escalated its appeal to a three-judge panel.

The three circuit court judges declined to do so, writing: “Because we conclude that the FAA’s interpretation is consistent with the relevant statutory and regulatory provisions and does not violate Flytenow’s constitutional rights, we deny Flytenow’s petition for review.”

The court's reasoning is that the FAA had correctly interpreted regulations prohibiting private pilots from selling seats on their planes, and that pilots' Flytenow activities went beyond “expense sharing; and that the operation represented pilots “holding out” – that is, advertising for sale – their flights.

The judges also denied constitutional arguments such as stopping pilots from advertising spare seats violated their First Amendment rights.

Unless Flytenow's lawyers can persuade lawmakers to remake legislation in their favour, or win an appeal in the Supreme Court, that would seem to put an end to the “Uber of the skies” and a similar operator, AirPooler. ®