Charter Yachts Need To Be Commercially Certified
The use of helicopters in maritime aviation on private yachts is often misunderstood, particularly when a yacht is available for charter. Many yacht owners, operators and charter brokers are unaware or choose to ignore the fact that when a yacht is chartered its helicopter is also effectively for hire. This means that the helicopter operation transitions from a private operation to a commercial service, meaning the aircraft and the yachts facilities and heli-crew must comply with commercial standards.
In almost all countries, this transition places the helicopter operation under commercial charter operations or Commercial Air Transport (CAT). This shift in classification carries significant operational, regulatory and liability implications that are frequently overlooked in the yachting industry. This includes, for example, meeting certain aviation offshore qualifications such as twin engine, ruling out a vast majority of current helicopters available on charter vessels. Most owners don’t want to spend the money to replace the aircraft or make other costly changes to place the vessel under charter.
Regulatory and certification gaps
A common misconception in maritime aviation is that a helideck must be CAP 437-certified for commercial helicopter operations on yachts. While CAP 437 is an internationally recognised standard for offshore helidecks, it’s not actually a legal requirement for yachts. Instead, the responsibility falls on the helicopter operator to determine whether the deck is suitable for operations. Furthermore, the operator must include the yacht-based operation in their Operations Specifications (Ops Spec) to ensure legal compliance. The situation is complex because commercial tourism heli-ops were never envisioned by either the maritime or the aviation regulators.
Many yacht management companies and operators fail to recognise this requirement, assuming that a certified helideck and a trained crew are sufficient. However, these measures do not automatically render helicopter operations compliant with commercial aviation regulations. The legal responsibility lies with the helicopter operator, and without proper approvals in place, the operation remains in a grey area – potentially illegal in many jurisdictions.
Insurance and liability risks
Yacht insurance policies often fail to fully assess maritime aviation risks associated with helicopter operations. While policies may verify that the yacht has a certified deck and that the crew has received some form of training, they rarely account for the helicopter operator’s compliance with aviation regulations. This oversight creates a significant liability gap.
In the event of an accident involving paying passengers, if the helicopter operation does not meet full commercial aviation requirements, insurers may deny claims. This could lead to extensive legal battles, with lawsuits targeting both the yacht owner and the operator. Many yacht charter companies continue to operate in this regulatory blind spot, either due to a lack of knowledge or a reluctance to invest in the necessary compliance measures.
Helideck training standards
The maritime aviation training requirements for helideck crew also lack consistency. Training standards are often dictated by the Flag state of the yacht, which means that there is no universal requirement to adhere to established aviation safety standards such as OPITO or MCA regulations. This results in a wide variation in crew competency, further increasing operational risks.
The need for industry reform
Too many charter companies are bypassing regulations, failing to commit their yachts to full commercial helicopter status. Some are unaware of the complexities involved, while others deliberately avoid compliance due to the costs associated with transitioning from a private to a commercial operation. This attitude is not only short-sighted but also exposes the industry to significant legal and financial risks.
The yachting industry must acknowledge that if a helicopter is operating from a charter yacht, it is a commercial operation and must meet all relevant regulatory requirements. Until this issue is addressed industry-wide, yacht operators, brokers and owners remain at serious risk of legal and financial consequences.
Conclusion
Maritime aviation and yachting are two highly regulated industries, yet when they intersect, regulatory compliance often falls through the cracks. The misconception that a yacht-based helicopter can operate under private-use rules while carrying paying customers is both dangerous and legally indefensible.
