FAA Part 135 and Part 91: What Aircraft Brokers Must Know?
Dec 09, 2024
Aircraft brokers play a critical role in the private aviation industry, acting as intermediaries between clients and operators to arrange private jet charters. However, to maintain professionalism and ethical integrity, brokers must fully understand the Federal Aviation Administration (FAA) regulations governing private aviation — specifically, FAA Part 135 and Part 91. This knowledge is essential to ensure all charter flights are legal and safe. Failure to adhere to these regulations can have severe consequences for brokers, operators, and passengers.
The Basics of FAA Part 135 and Part 91
FAA Part 135 governs commercial operations, including air charter services. Operators under Part 135 are required to meet stringent safety, maintenance, and operational standards. These include:
- Regular aircraft inspections and maintenance schedules
- Specific training and certification for pilots
- Flight duty and rest time limitations for crews
- Operational control procedures to ensure the operator maintains authority over the flight
- Valid air operator certificates (AOCs)
FAA Part 91 applies to non-commercial operations, typically for private aircraft owned and operated by individuals or companies for personal use. Part 91 regulations are less restrictive than Part 135, allowing more flexibility for owners to operate their aircraft without the stringent oversight required for commercial flights. However, Part 91 flights cannot be legally sold to third parties as charter services.
The single most important distinction is operational control. Under Part 135, the certificate holder retains authority over the flight — who flies it, whether it departs, and under what conditions. Any arrangement that moves that authority to the customer while still charging for the flight is where legality breaks down.
The Gray Area Between Part 91 and Part 135
Some brokers exploit the regulatory differences between Part 91 and Part 135 to offer cheaper flights. This practice is commonly referred to as engaging in “gray charter” operations. In these scenarios, a broker or operator markets a Part 91 flight as if it were a legitimate charter, bypassing the regulatory and cost burdens of Part 135 compliance.
Key examples of gray charter operations:
- Dry leasing arrangements — leasing an aircraft without a crew and then “coordinating” crew services separately to mimic a charter. A genuine dry lease transfers operational control to the lessee; a sham dry lease does not.
- Owner-operated flights — arranging flights where the owner agrees to transport passengers for compensation, in violation of Part 91 regulations.
- Fractional ownership schemes — misrepresenting fractional ownership programs to avoid Part 135 requirements.
While these arrangements may seem cost-effective, they are highly risky and illegal. They compromise safety and expose both brokers and clients to significant legal and financial liabilities.
The commercial consequence is often overlooked: insurance may not respond to a claim arising from an illegal charter. A passenger injured on a gray charter flight may find the policy void, and the broker who arranged it becomes a target for the resulting claim.
Consequences for Brokers
Brokers involved in illegal charter operations face severe repercussions.
Legal Penalties
- Heavy fines imposed by the FAA
- Potential criminal charges for knowingly arranging illegal flights
Reputation Damage
- Loss of trust from clients and operators
- Permanent damage to professional credibility
Civil Liability
- Brokers may be held liable for damages in the event of an accident or incident involving an illegal charter
Blacklisting
- Brokers found guilty of arranging illegal charters can be blacklisted by reputable operators and industry platforms
How Brokers Can Avoid Illegal Charters
To ensure compliance with FAA regulations and maintain a professional reputation, brokers should adopt the following best practices.
Verify Operator Credentials
- Always confirm that the operator holds a valid Part 135 certificate
- Request copies of the operator’s AOC, Certificate of Insurance (COI), and OpSpec D085 — the list of approved aircraft
- Confirm the specific tail number appears on that list, not just the operator’s certificate
Understand the Difference Between Part 91 and Part 135
- Familiarise yourself with the operational, safety, and legal distinctions between the two
- Never market or arrange a Part 91 flight as a charter
Conduct Due Diligence on Operators
- Work only with trusted and reputable operators
- Avoid operators with a history of compliance violations
- Check third-party safety ratings such as ARGUS, Wyvern, or IS-BAO where available
Educate Clients
- Inform clients about the risks and legal implications of gray charters
- Explain the value of safety and regulatory compliance in Part 135 operations
- Be direct about why a materially cheaper quote may not be a legal one
Establish Internal Compliance Protocols
- Develop clear policies and procedures for verifying operator credentials
- Train your team on regulatory requirements and ethical practices
- Keep records of the documents you verified for each trip
Report Suspicious Activity
- If you encounter an operator or broker engaging in illegal practices, report it to the FAA
Why This Matters for Your Career
Operator verification is not administrative box-ticking — it is the part of the job that protects your client, your licence to operate commercially, and your name in a small industry. A broker who can explain to a client exactly why one quote is legitimate and another is not has demonstrated more expertise than any sales pitch could.
This is core material in our Aircraft Charter Broker Course, and the operational side — duty time, operational control, and trip coordination — is covered in Flight Operations 101.
Compare the certification tracks or schedule a free consultation to discuss where to start.
FAQ
What is the main difference between Part 91 and Part 135?
Part 91 covers non-commercial private operations; Part 135 covers commercial charter. The key legal distinction is operational control and whether the flight is being sold to a third party. A Part 91 flight cannot legally be sold as charter.
What is a gray charter?
A gray charter is a flight marketed and sold as commercial charter but operated under Part 91 rules, avoiding the safety, maintenance, crew and oversight requirements of Part 135.
What documents should a broker verify before booking a charter?
The operator’s Air Operator Certificate, Certificate of Insurance, and OpSpec D085 confirming the specific aircraft is approved for commercial operation under that certificate.
Is a dry lease legal?
A genuine dry lease is legal — the lessee takes operational control of the aircraft and provides their own crew. It becomes illegal when the lease is a paper arrangement designed to disguise what is functionally a charter flight.
Can a broker be held liable for an operator's illegal flight?
Yes. Brokers who arrange flights they knew or should have known were non-compliant can face FAA penalties, civil liability, and in serious cases criminal exposure. Verifying credentials is the broker’s protection as much as the client’s.
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