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Originally Posted On: https://www.stratosjets.com/blog/what-you-need-to-know-about-part-135/
As with any government classification, Federal Aviation Regulations Part 135 can be complex and tricky to understand. But the basics of it is that it allows private planes the ability to earn income by operating charter flights on-demand and with unscheduled air service.
A Part 135 certificate is the legal authority of the company to operate the aircraft. While a plane doesn’t require a Part 135 certificate, it does need to be added to the Part 135 air carrier D-085. This is an FAA listing that designates that the aircraft is qualified to be operated by the company for hire, and can legally be used for private jet charter services.
There are intricacies, and other related certificates, including the Part 91 and Part 121, that aircraft owners should be aware of. Both of these regulate specific instances that are similar to Part 135. Better understanding the details can help you become a better equipped aircraft owner and utilize your asset to its fullest potential.
So why is it important to know about Part 135? It’s the permission slip that all private air carriers need to fly for hire. Below, we highlight the basics of Part 135 with a regulations cheat sheet, plus the details you need to know to understand the differences between Part 135, Part 91, and Part 121.
What Are the Basics of Part 135?
At its core, FAA Part 135 is a certificate required by the Federal Aviation Administration for a company to operate as a non-scheduled air charter carrier. It’s designed to set boundaries and establish safety procedures for jet charters and other types of commercial aviation operations that fly on demand.
Part 135’s requirements are for operators, pilots, and the specific aircraft used during operation. With Part 135 certification, operators are required to follow rules and regulations to operate the aircraft legally. Operators who neglect to follow Part 135 requirements are subject to certification removal. With Part 135, pilots and aircraft owners are given a strong set of rules that include:
- Certification requirements
- Needs for aircraft maintenance and inspections
- Operational procedures and safety requirements
- Minimum equipment requirements
- Insurance requirements for operators
Certification requirements
To be considered for Part 135 certification, owners and operators are required to display:
- Company ownership and proof of U.S. citizenship: “If the proposed certificate holder will be owned by a partnership, each member of the partnership must be a U S citizen, if owned by a corporation or association created or organized under the laws of the United States or of any State, Territory, or possession of the United States, the president and two-thirds or more of the board of directors and other managing officers thereof must be a citizen of the United States and at least 75 percent of the voting interest must be owned or controlled by persons who are citizens of the United States or of one of its possessions.”
- Principal base of ownership. There must be documentation of ownership or a lease agreement that displays an established physical location as the principal base of operation.
- At least one aircraft that meets baseline requirements. The applicant must have at least one aircraft that meets Part 135 rules and regulations to earn a certificate. A written statement must be presented that shows that the aircraft and its equipment conforms to the requirements of 14 CFR 135.25. Documentation like registration, current airworthiness certification, identification, and current airworthy condition must be presented at this time.
Needs for aircraft maintenance and inspections
Aircraft management and inspection needs are dependent on the size of the aircraft and scope of the operation. The FAA details that aircraft that include 10 seats or more should be maintained under a maintenance program that requires operators to maintain and report service difficulty, mechanical interruption, overall maintenance, preventive maintenance, and alteration organization, and airworthiness release or aircraft maintenance log entry. Further details can be found in 135.415, 135.417, 135.423, and 135.443 of Part 135.
Maintenance records are required to be complete without any gaps in the documentation. Neglecting to do so will put your aircraft at a zero time status for Time Between Overhauls. An Advisory Circular conducts conformity checks on every aircraft to ensure these requirements are met.
Operational procedures and safety requirements
This includes rules for flight planning, crew rest, and weather minimums. The certificate holder is required to provide each flight crewmember at least 13 different rest periods within a consecutive 24-hour period in each calendar quarter. According to the Code of Federal Regulations Crew Rest requirements are limited to a 14 hour duty day.
(1) At least 10 consecutive hours of rest immediately preceding the assignment;
(2) No more than 8 hours of flight deck duty in any 24 consecutive hours; 10 hours for a flight crew consisting of two pilots qualified under this part for the operation being conducted.
Visibility requirements regarding weather conditions also apply under Part 135. The Visual Flight Rules for visibility for aircraft says “No person may operate an airplane under VFR in uncontrolled airspace when the ceiling is less than 1,000 feet unless flight visibility is at least 2 miles.”
Minimum equipment requirements
A Minimum Equipment List (MEL) is a list specific to the requirements for equipment for the operation of an aircraft. According to the National Business Aviation Association, a MEL is an evolution of the Master Minimum Equipment List created by the original equipment manufacturer of the aircraft in question. In other words, the MEL is a smaller, itemized list created by the operator of the aircraft. It’s important because it’s an FAA approved document that allows the owner and/or operator of the aircraft to fly with certain items inoperative.
“The MMEL includes all equipment and accessories available for the aircraft model, while the MEL is created by the operator for your specific type of aircraft,” Elaine Karabatsos, aviation maintenance director shared with the NBAA. “If you’re flying serial number 15, you’re going to customize your MEL for the equipment on your aircraft that may not be present on serial number seven.”
With an updated MEL, operators are equipped to comply with all safety rules and regulations regarding the aircraft equipment.
Insurance requirement for operators
Under Part 135, operators are required to maintain and showcase minimum insurance coverage.
As explained by The Legal Information Institute, U.S. and foreign direct air carriers need to have:
“Third-party aircraft accident liability coverage for bodily injury to or death of persons, including nonemployee cargo attendants, other than passengers, and for damage to property, with minimum limits of $300,000 for any one person in any one occurrence, and a total of $20,000,000 per involved aircraft for each occurrence, except that for aircraft of not more than 60 seats or 18,000 pounds maximum payload capacity, carriers need only maintain coverage of $2,000,000 per involved aircraft for each occurrence.”
Additional coverage is needed for operators with additional passengers. U.S air taxi operators are required additional coverage under Part 298. Stratos’ increased minimums include:
- Liability insurance: At least $25 million for turbo-props and $50 million for all other aircraft types.
- Certificate of insurance: Add Stratos Jets to your COI with a waiver of subrogation provided for the tail number assigned.
- Stratos also carries a $50 Million non-owned aircraft liability policy that goes over and above the air carriers policy.
What Are the Differences Between Part 135, Part 91, and Part 121?
Part 91 and Part 121 are two other sets of regulations issued by the FAA. While Part 135 covers operations of aircraft that can legally be operated for private jet charter, Part 91 is made up of loose rules and does not permit commercial activity. Part 121 is a designation that covers large commercial carriers as well as scheduled airlines.
To better understand the main differences between these and Part 135, we’ve highlighted some of the key concepts of all three regulations.
- Part 135 is for aircraft like private jet charter service or air taxi. The training requirements for Part 135 are less strict than Part 121 but more detailed than Part 91. These regulations are focused on unscheduled air transportation.
- Part 91 covers private, corporate, and business flights, governing the type of operations and who can fly. There’s no requirement for an operator’s certificate from the FAA, and it doesn’t require the same level of aircraft maintenance, safety procedures, pilot qualifications and training as Part 135 and Part 121. These regulations don’t permit commercial flight activity, so owners can’t accept compensation for a flight.
- Part 121 covers scheduled airlines and other large commercial carriers and requires extensive training that goes beyond that required for Part 91 and Part 135. Flight planning and scheduling requirements are also more strict.
Ready to Book Your Best Charter Flight Yet?
Stratos Jet Charters requires all charter operators within its network to undergo certification with independent auditing companies such as ARGUS and Wyvern. We do this to ensure that our clients are only flying on aircraft that are properly certified and meet quality safety standards that are well above the minimum standards defined by Part 135.
Looking for more information? Our jet charter agents are available 24/7 to provide you with multiple private jet quotes for your on-demand air charter flight. Book your private jet charter today.