Rifton Aviation Services in the News - Decision No. 460-A-2002

Rifton Aviation Services in the News - Decision No. 460-A-2002

APPLICATION by Rifton Management, LLC carrying on business as Rifton 
Aviation Services of New Windsor, New York, United States of America, 
pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 
1996, c. 10, for a licence to operate a non-scheduled international 
service to transport traffic on a charter basis between points in the 
United States of America and points in Canada.

Rifton Management, LLC carrying on business as Rifton Aviation Services 
(hereinafter the applicant) has applied to the Canadian Transportation 
Agency (hereinafter the Agency) for a licence to operate the service set 
out in the title. The application was received on April 15, 2002 and was 
complete and ready for processing on August 12, 2002.

Pursuant to subsection 29(1) of the Canada Transportation Act 
(hereinafter the CTA), the Agency is required to make its decision no 
later than 120 days after the application is received unless the parties 
agree to an extension. In this case, the applicant has agreed to an 
extension of the deadline until December 11, 2002.

By Diplomatic Note No. 288 dated May 25, 2000, the Government of the 
United States of America, pursuant to the provisions of the Air Transport 
Agreement between the Government of Canada and the Government of the 
United States of America dated February 24, 1995 (hereinafter the 
Agreement), has designated the applicant pursuant to the Agreement.

The applicant filed an affidavit attesting that within the twelve months 
preceding the filing of the application it did not contravene section 59 
of the CTA in that it has not sold, caused to be sold or publicly offered 
for sale in Canada transportation in respect of the applied for air 
service without holding the required licence. The applicant has also 
undertaken in respect of the air service applied for that it will not 
contravene section 59 of the CTA prior to the issuance of the applied for 
licence. The Agency is not aware of any evidence that the applicant 
contravened section 59 of the CTA within the preceding twelve months.

The Agency has reviewed the application and is satisfied that the 
applicant meets the requirements of subsection 73(2) of the CTA. The 
Agency is also satisfied that the pertinent terms and conditions of the 
Agreement have been complied with.

Accordingly, the Agency will issue to the applicant a licence to operate 
a non-scheduled international service to transport traffic on a charter 
basis between points in the United States of America and points in 
Canada.

Pursuant to subsection 74(1) of the CTA, the Agency deems it appropriate 
to include the terms and conditions set out below in the licence to be 
issued pursuant to this Decision.

The licence to be issued pursuant to this Decision shall be subject, in 
addition to the conditions prescribed by the Air Transportation 
Regulations, SOR/88-58, as amended (hereinafter the ATR), to the 
requirements to hold a Canadian aviation document issued by the Minister 
of Transport, and to have prescribed liability insurance coverage as set 
out in section 7 of the ATR, and to the following terms and conditions to 
which the licence is made subject pursuant to subsection 74(1) of the 
CTA:

The Licensee is authorized to transport traffic on a charter basis 
between points in the United States of America and points in Canada.

The Licensee is prohibited from carrying local traffic between points in 
Canada.

The operation of the non-scheduled international service authorized 
herein shall be conducted subject to the provisions of the Agreement and 
to any arrangements related thereto as may be agreed to between Canada 
and the United States of America.

Unless terminated at an earlier date in accordance with the CTA or the 
Agreement, this licence shall terminate at the termination or expiration 
of the Agreement, or upon the effective date of any amendment to the 
Agreement which shall have the effect of eliminating the rights herein 
authorized

from http://www.cta-otc.gc.ca/rulings-decisions/decisions/2002/A/460-A-
2002_e.html

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Rifton Aviation Services 
Stewart International Airport 
1032 First St. Bldg. 112 
New Windsor, NY 12553-3488

Rifton Aviation contact numbers:

Toll free number: 800-731-8351

Direct contact number: 845-567-9800

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