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1978 - April DOT Ord. & Dec. [1] (April, 1978)

handle is hein.usfed/dotod0617 and id is 1 raw text is: 
                                                           Order 78-4-1

                         UNITED STATES OF AMERICA
                         CIVIL AERONAUTICS BOARD
                            WASHING[ON, D. C.

                      Issued under delegated authority
                              April 3, 1978



Application of

     PROFESSIONAL PATIENT TRANSPORTATION, INC.              Docket 32080

for an exemption from Title IV of the Act
and Part 298 of the Economic Regulations.


                          ORDER AMENDING ORDER

     By application filed February 3, 1978, Professional Patient Transpor-
tation, Inc. (Professional Patient), an air taxi operator based in Miami,
Florida, requests an exemption from Title IV and section 610(a)(4) 1/ of
the Act and Part 298 of the Economic Regulations in order to hold out,
arrange and coordinate, as an indirect air carrier, the operation of air
ambulance flights performed by air taxi operators, and, at the same time,
operate as an air taxi operator itself. 2/

     In support of its application Professional Patient states that it is
one of the few organizations in the Miami area offering nationwide patient
transportation services and that it is operating in the best interests of
the public in providing such service. It suggests that it could offer a
variety of services (commercial carriers, other air taxis, its own aircraft,
or a combination of these) for a complete ground-air-ground operation which
would greatly benefit the public through increased flexibility, greater
efficiency, and lower overall costs. Professional Patient has leased an
aircraft which is equipped with what it calls a small emergency room that


1/   The Board has previously held this section to be inapplicable to
indirect air carriers not operating aircraft (see Railway Express Agency,
Grandfather Certificate, 2 CAB 531, 540 1941, and preamble to ER-917,
adopted June 27, 1975). Since Professional Patient does operate an air-
craft as an Air Taxi Operator, they should not be exempted from section
610(a)(4) and we will, therefore, deny this portion of the request.
2/   By Order 76-6-45, dated June 7, 1976, Professional Patient was granted,
for a period of two years, the authority to hold out, arrange and coordinate
the operation of air ambulance flights performed by air carriers. When
Professional Patient registered with the Board as an air taxi operator in
the Fall of 1977, its status as an indirect air carrier was unknown to the air
taxi staff. After becoming aware of the dual authority, the Chief, Supplementary
Services Division, in a letter dated January 17, 1978, informed Professional
Patient that it would be necessary for it to apply for an exemption from
Title IV of the Act and Part 298 in order to continue to operate concurrently
as an air taxi operator and an indirect air carrier. The instant application
was filed as a result of that letter.

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