Watch: what makes aviation cases different
Which rules applied to your flight
- Short local air tours: a nonstop sightseeing flight that begins and ends at the same airport within 25 statute miles can run under Part 91 with a Letter of Authorization, provided the operator has a drug and alcohol testing program and follows Part 136 (14 C.F.R. § 91.147).
- Everything else for hire: tours outside that exception, and charter flights, generally require a Part 135 (or Part 121) certificate.
Safety standards every air tour must meet
Part 136, subpart A, applies to air tours regardless of which certificate the operator holds. Among its requirements:
- A safety briefing before takeoff, including ditching procedures when flying over water (§ 136.7).
- Life preservers worn beyond the shoreline, with limited exceptions (§ 136.9).
- Floats on helicopters operating over water, with limited exceptions (§ 136.11).
- A helicopter performance plan for each tour (§ 136.13).
Over Biscayne Bay or the Atlantic, these rules are not technicalities. Whether they were followed is often central to the case.
Illegal charters
Carrying passengers for pay requires the right FAA certificate. The FAA warns about operators who “hold out” to the public without a Part 135 certificate, use sham leases, or split the aircraft and the pilot into separate contracts to dodge the rules. Illegal charters often come with thinner insurance and weaker maintenance — and they change who can be held responsible.
How much insurance is there?
Federal rules set insurance minimums for air carriers that can be lower than people expect. For air-taxi operators, the passenger minimum is $75,000 per passenger, capped per aircraft at $75,000 times 75% of the seats — so less than $75,000 each on a full flight (14 C.F.R. § 205.5(c)). Tour operators flying only under a Part 91 Letter of Authorization have no federal insurance minimum. Actual policies are often higher, but the minimums show why identifying every responsible party — operator, owner, maintenance provider, manufacturer — matters.
“But I signed a waiver”
Tour operators often have passengers sign releases. Florida courts enforce them only when the language is clear enough that an ordinary person would know they were giving up claims for the operator’s negligence — the word “negligence” itself isn’t required (Sanislo v. Give Kids the World, Fla. 2015). A release may not reach every claim or every defendant, and a parent’s release for a child is limited to the activity’s inherent risks (Fla. Stat. § 744.301(3)). Don’t assume a waiver ends the case until a lawyer reads it.
Evidence and deadlines
Keep your booking confirmation, receipts, the waiver, photos and videos from the flight, and names of other passengers. The NTSB investigates helicopter crashes; its probable-cause report can’t be used in a civil case, so an independent investigation is needed. Florida’s general deadline is two years for negligence and wrongful death.
A former defense lawyer’s take
Tour operators sell an experience; their defense sells a story that the passenger “assumed the risk.” The FAA’s own rules usually answer that — the briefing, the floats, the life vests, the certificate. When those weren’t in place, the waiver often isn’t the end of the conversation.
Frequently asked questions
What FAA rules apply to a helicopter tour in Miami?
Short tours that begin and end at the same airport within 25 statute miles can operate under a Letter of Authorization (14 C.F.R. § 91.147). All air tours must meet Part 136 safety standards, including briefings, life preservers beyond the shoreline, and floats on helicopters over water.
What is an illegal charter?
A flight where passengers pay for transportation from an operator that lacks the required FAA certificate, often disguised through sham leases or separate aircraft and pilot contracts.
Does a signed waiver stop me from suing a tour company in Florida?
Not automatically. Florida courts enforce a release only when its language is clear enough that an ordinary person would know they were giving up claims for the operator’s negligence, and a release may not cover every claim or every responsible party.
How much insurance do tour and charter operators carry?
It varies. The federal minimum for air-taxi operators is $75,000 per passenger, capped per aircraft (14 C.F.R. § 205.5(c)), and Part 91 tour operators have no federal minimum; actual policies may be higher.
How long do I have to file after a helicopter crash in Florida?
Generally two years for negligence and for wrongful death under Florida law.
Talk to a former insurance-defense attorney
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