Lots of us come up with New Year’s Resolutions. While most experts agree that the Dead of Winter Post-Christmas Doldrums are not the best time for these things, they live on as strong as ever. So here are a couple resolutions if you are in the market for an aircraft.

Resolution #1. I will do my research. I will have my mission performance parameters defined. I will be realistic – we all want more speed and more range. What do I truly need versus what would I like to have? I will know the difference between the two. I will use "required" and "desired" criteria. This typically involves things like payload, range, speed and take-off/landing capability. They are measureable. Required criteria are those performance items that the aircraft must meet in order to be successful at accomplishing the mission. Desired criteria are the nice-to-have items that, although not necessary for mission accomplishment, will enhance the ability of the aircraft to perform the mission. Desired criteria enable you to better differentiate between the various aircraft.

Resolution #2. I will look at the total costs of owning and operating the aircraft, not just the acquisition price. Older aircraft cost less to acquire, more to operate. The bargain price on that used model may not reflect the true cost of getting it into service. Does the aircraft have a low acquisition price but need paint, interior, and avionics upgrades and have high-time engines?

What about sales taxes? Property taxes? Will the aircraft be used for business so that we can take tax depreciation expenses?

If my engines are not on a guaranteed maintenance program, have I enough of a reserve to cover the major inspection or overhaul? Don’t forget rental engines and the possibility of unscheduled maintenance.

What am I going to do once I have this plane to maintain its value? Will those new avionics add value, or just add “fun” to my aircraft?

Resolution #3. Am I prepared to place the aircraft into service? Do I need training? Do I have the hangar space? Am I prepared for the maintenance requirements of the aircraft? Do I need to get spares or additional tooling or ground support equipment?

Resolution #4. I will get my acquisition team together sooner than the day of closing! I will need technical expertise in aviation and finance. I will also need legal and tax advice. If trading/selling one business aircraft for another can I take advantage of a tax-deferred exchange? Have I talked with my insurance broker to inform them of the aircraft choice?

Overall, I resolve to make my next aircraft acquisition go as smooth as possible. I realize that this takes advance planning and preparation.

Remember the 5 P’s: Prior Planning Prevents Poor Performance! (OK, some of you can add a sixth “P” if you know what I mean).

Since it is the time of year for resolutions, I thought I would propose some resolutions that I think would go a long way towards making 2012 a happy new year for aviation:

Resolutions by the FAA

Resolve to be consistent: Let's get rid of the inconsistent interpretation and application of the regulations not only between inspectors, but that also differ between FSDOs and even regions. If compliance is a goal, then making sure everyone is working from the same page can only enhance understanding and compliance.

Resolve to use common sense: We shouldn't waste agency funds and resources pursuing actions that do not further the goals of safety and compliance. For example, pursuing a civil penalty action against an airman for conduct that occurred before the agency revoked all of his airman certificates, when the revocation already caused the airman to file for bankruptcy, simply does not make sense. Similarly, initiating an enforcement action because an inspector has an axe to grind with an airman, should be avoided.

Resolve to actually use remedial training (and not just when a U.S. Senator is the alleged violator): If safety truly is one of the FAA's mandates (and it is), then it is unclear how a suspension that allows a pilot's skills to lapse for a period of time makes that pilot, or the aviation system as a whole, safer. For operational violations, why not require additional training to make sure the pilot will have the skills and knowledge to ensure future compliance?

Resolutions by Aircraft Buyers

Resolve to trust, but verify: Trust is an honorable quality. But don't trust blindly. When a seller tells you something, don't just take the seller at his or her word. Verify that what you are being told is actually the truth. For example, perform due diligence including a title search and name searches for the seller to discover any judgments, liens, bankruptcies or security interests

Resolve to use a purchase agreement: Using an aircraft purchase agreement can help prevent confusion and misunderstandings. If the agreement clearly explains how the transaction will happen, when it will happen and what is included in the deal, the greater the likelihood that the buyer and seller will each know the other party’s expectations and the less chance for surprises or misunderstandings. Additionally, the law in most states requires that a contract for an amount greater than $500.00 be in writing in order for it to be enforceable. This is called the statute of frauds. Although exceptions to this legal doctrine exist, complying with the law is usually safer than hoping you will be able to take advantage of an exception.

Other Resolutions

Resolve to file NASA/ASRP forms: If you are involved in an incident or something happens during a flight that makes you worried the FAA may become involved, make sure you file within 10 days in order to preserve your right to argue that any sanction the FAA may wish to impose should be waived. Since the program does not limit the number of times you can file, take advantage it, often.

If I am asked to "call the tower" or to talk to an FAA inspector or if I receive a letter of investigation from the FAA, I resolve to talk with an aviation attorney before I respond: Rather than wasting the opportunity to mitigate damage, minimize investigation or avoid providing admissions or other evidence that will later be used against you by the FAA, consult with an aviation attorney to find out where you stand or, at a minimum, to have an aviation attorney run interference between you and the FAA. Although FAA enforcement actions are not criminal proceedings, they have the potential to significantly limit, if not revoke, your privilege to operate an aircraft. Protect that privilege


Wishing everyone in the aviation industry a happy and prosperous new year!

This past year was a ‘Bear’ for many of us in the Business Aviation Industry, and it is a common-held feeling amongst most of us that the exit of 2011 is a very welcome event indeed. All hopes and aspirations are now locked onto 2012 like some kind of tractor beam, all of us willing that this year will be “the one!”

With so much emotion wrapped up in this collective hope, I felt that it would not be inappropriate for me to organize the hopes that we the majority wish that all Corporate Executive Business Aircraft Owners will do better this year by adopting the following top-six list of New Year’s Resolutions as their own; so here goes:

6.            To keep track of your business use of your aircraft and keep a running total of how much money was saved; how much money was made; what business opportunities resulted from; what trips would have been impossible...all because you used your own aircraft to make these trips.

5.            Task your Director of Operation/Chief Pilot/Director of Maintenance as well as Contract with an outside audit company to confirm and report on all of the following:

How does your aircraft compare, from a safety systems standpoint, to a brand new aircraft?

What is the current market and taxable value of your aircraft?

Are you properly and adequately insured?

Is the current aircraft that you own suitable for your current flight profile, and how will it stack up against your future anticipated usage and missions?

Are your flight activities being properly documented for all applicable taxable events and reimbursements?

Are your aircraft maintenance and inspection events being accomplished in accordance with the maintenance requirements set by the manufacturer, on-time, within a reasonable budget, and are records being properly entered and protected?

Are you subscribed to the right service and warranty programs commensurate with your flight activities?

Do you have an effective and cost conscious fuel purchase procedure in place that is being adhered to?

Are your pilots recurrency training adequately being updated to ensure that all known threats are covered both in the classroom and the simulator?

4.            To determine how well the interface between you, your office and your flight department work to ensure that your wishes and needs as well as the logistical issues of your aviation executives are communicated both efficiently and freely shared between each applicable person that is ‘need to know?’

3.            To meet with your crew (if applicable) and to ask them about how they are incorporating the principles of the Safety Management System (SMS) into all of your business operations.

2.            To review your past three years of how you have historically used your business aircraft during that period of time: to what destinations, why you used the aircraft, who else you allowed to use your aircraft; what other trips were made on business but the aircraft was not used; all with an eye to see where and how the aircraft could be better utilized to improve the overall bottom line of everything within your world.

1.            To tell everyone that you come into contact with both in a business meeting situation (unless strategically it does make sense to do so), and politically, how much you value your business aircraft, and how significant its availability and use is to the bottom line of your business.

Now please go out do the right thing for both yourself and the million, or so of us who support you.

Released by NBAA on December 21, 2011

NBAA Opposes European Court's Ruling on Applicability of EU-ETS

Washington, DC, December 21, 2011 – The National Business Aviation Association (NBAA) today expressed strong opposition to a European court's ruling that a new plan by European regulators to tax carbon emissions from aircraft should apply to all aircraft operators across the international aviation community, including those based in the U.S.

In a decision announced today, the European Court of Justice (ECJ) said European authorities are authorized to obligate all operators, including the airlines and general aviation, to comply with the program, known as the European Union Emissions Trading Scheme (EU-ETS). The court's ruling was made in response to a legal challenge questioning the applicability of EU-ETS to owners and operators of aircraft based in the U.S. NBAA is a party to the lawsuit.

"The court's ruling goes against established policy and long-standing practice when it comes to aviation regulations," said NBAA President and CEO Ed Bolen. "It appears to set aside the principle, established in the Chicago Convention, that because aviation is a global industry, aviation policies should be developed and implemented on a global basis. Any new standards should be developed by the International Civil Aviation Organization [ICAO], the United Nations body established to set policies for the industry, and in fact, ICAO has been working to develop such standards for aviation emissions. The parties to the lawsuit believe the challenge to the EU-ETS is still warranted, and options are being considered for appealing the court's ruling."

Bolen noted that the court's decision also appears to ignore the 1944 ICAO pact giving nations sovereignty over their own skies. The plan would tax flights from their point of origin rather than from the point they enter European airspace, in effect, taxing flights in airspace outside the EU.

Today's decision from the European court comes as government and industry voices are increasingly raising alarm over the potential for EU regulators' actions to set a damaging precedent.

This month, legislation was introduced in the U.S. Senate prohibiting operators of U.S. aircraft from participating in the EU-ETS. That legislation was met with strong support from a coalition of groups, including NBAA, representing nearly all aviation segments. A bill similar to the one introduced in the Senate was passed overwhelmingly by the House of Representatives in October.

Representatives from the international aviation community have also spoken out against the EU-ETS plan. On November 2, ICAO issued a non-binding statement, approved by 26 of the international body's 36 member states, including the U.S., urging the EU not to include flights by non-EU operators in the ETS.

Although aviation emissions account for just a tiny percentage of carbon emissions from transportation worldwide, the industry has a record of continuous improvement in reducing emissions, and has established goals for increasing fuel efficiency and decreasing emissions in the years to come.

While NBAA will continue to seek a global approach to environmental issues, in the interim, operators should continue complying with EU-ETS-related monitoring, reporting and verification requirements.

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Founded in 1947 and based in Washington, DC, the National Business Aviation Association (NBAA) is the leading organization for companies that rely on general aviation aircraft to help make their businesses more efficient, productive and successful. The Association represents more than 8,000 companies and provides more than 100 products and services to the business aviation community, including the NBAA Annual Meeting & Convention, the world's largest civil aviation trade show. Learn more about NBAA at www.nbaa.org.

                                 MERIDIAN FOUNDER CELEBRATES MILESTONES
Teterboro, NJ, December 20, 2011 – J. Kenneth Forester, an early pioneer of private aviation services at Teterboro Airport (TEB) in New Jersey, celebrated his 90th birthday on December 1, 2011. Coincidently, this milestone year also marks the 65th anniversary of his arrival at TEB, the place where Mr. Forester first began his legacy in aviation.

Forester started his aviation career in 1941 when he volunteered for the U.S. Army Air Force (USAAF) two weeks after the attack on Pearl Harbor. Shortly after graduating from P-38 school in 1943, he was selected for test pilot duty. From 1943 to 1946, he flew most types of US military aircraft, including fighters, bombers, and transports. Of special interest, he flew the first American-made jet (P-59 Airacomet), and the first fighter jet used operationally by the USAAF (P-80 Shooting Star).

 After Forester was discharged from service in 1946, he opened an executive hangar at Teterboro Airport, the first of several business endeavors at TEB that would evolve over the decades into today’s Meridian, a full service private aviation company. In 2002, Forester was honored with the Charles Taylor Master Mechanic award by the FAA, which recognizes aviation maintenance professionals with at least 50 years of experience. In 2008, he was inducted into the New Jersey Aviation Hall of Fame in recognition of his many contributions to the aviation industry.

Today, Meridian is still family-owned and led by Forester’s son, Kenneth C. Forester, making Meridian the longest continuously operating aviation services company in the New York Metropolitan Area, and the last family-owned business at Teterboro Airport. The legacy of the Forester family is one of love of country and aviation. Following in his father’s footsteps, his son graduated from the USAF Academy and flew the F-102 Delta Dagger during the Vietnam War.

About Meridian:
Meridian is a full-service, private aviation company based in Teterboro, NJ, located just minutes from New York City. The company has earned numerous industry awards and accolades for its outstanding service and state-of-the-art facility. Meridian owns and operates businesses that include Aircraft Management, Aircraft Maintenance, Air Charter, and a world-class Executive Terminal / FBO that was completed in 2006.

For more information, please visit our website at www.meridian.aero or call us at 201-288-5040.

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