Part 135 vs Part 91: Why Legal Charter Matters

If you pay to be flown on a private jet in the United States, the flight should be a Part 135 charter: a commercial operation by a company the FAA has certificated to carry paying passengers. Part 91 is the general rulebook for private flying, used by owners flying themselves, their guests or their own company's staff. Both are legitimate. The problem starts when a flight that is really commercial is flown under the lighter private rules, which is what regulators call illegal charter.

This guide explains what separates the two rule sets, why the distinction matters to a passenger, how illegal charter flights are typically disguised, and what the equivalent rules look like in Europe and the UK. It is written for travelers, executive assistants and travel advisers who book flights for others and want to know what to ask.

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What is the difference between Part 91 and Part 135?

The FAA summarizes it on its Safe Air Charter page: air charter under 14 CFR part 135 requires a higher level of pilot training and certification, maintenance procedures and safety rules than pilots who take family or friends for an airplane ride. The FAA adds that its inspectors check charter pilots, crew and aircraft more often than private operations, and that charter pilots undergo regular proficiency checks.

The test is not the aircraft. The same Citation or Challenger can be flown under either rule set, and many are. The test is the nature of the flight: who is being carried, who is paying, and who holds operational control.

Operational control: the concept that decides everything

The FAA's definitions in 14 CFR 1.1 describe operational control as the exercise of authority over initiating, conducting or terminating a flight. In plain terms, whoever holds it decides whether the flight goes, with which crew, and whether it is safe to continue.

On a legal charter, the certificated operator holds operational control and carries the regulatory responsibility. On a private Part 91 flight, the operator is usually the owner or lessee. That is why one of the FAA's three red-flag questions for passengers is whether you are liable for the flight because you have been given operational control. If a company supplies the aircraft and crew and you are paying, yet the paperwork makes you the operator, you may have been sold an illegal charter and taken on the legal risk yourself.

What Part 135 requires that Part 91 does not

Part 135 layers specific obligations on top of the general rules. Three examples show the gap:

• Pilot qualifications. Under 14 CFR 135.243, the pilot in command of a turbojet airplane in passenger-carrying operations must hold an airline transport pilot certificate with the right ratings. For aircraft under VFR in other cases, the minimum is a commercial certificate with at least 500 hours as a pilot.
• Crew rest and flight-time limits. 14 CFR 135.267 caps commercial flight time for unscheduled one- and two-pilot crews at 500 hours a quarter and 1,400 a year, generally limits flying in any 24 hours to 8 hours for a single pilot or 10 for two pilots, and requires at least 10 consecutive hours of rest in the 24 hours before an assignment ends.
• Certification and oversight. A charter operator works under an FAA certificate and operations specifications that list the aircraft it may use, with inspectors auditing the operation.

When a Part 91 flight can legitimately involve money

Part 91 does allow some cost recovery, which is where confusion and abuse begin. 14 CFR 91.501 lists operations of large and turbojet airplanes that can run under Part 91 when common carriage is not involved. Examples include a company flying its own officials and guests within the scope of its business, and flights under time sharing, interchange or joint ownership agreements.

A time sharing agreement, as defined in the same section, means an owner leases the airplane with crew to another person and charges only specified expenses. The list is precise: fuel and oil, crew travel, hangar costs away from base, flight-specific insurance, landing fees and airport taxes, customs and permit fees, in-flight catering, passenger ground transport, flight planning, plus an additional charge equal to 100% of the fuel cost. There is no room in that list for a profit margin or a market-rate hourly price.

That is the practical tell. If someone quotes you a market price per flight hour but says the flight is "Part 91", ask how that complies with the rules. A legitimate time share or company flight looks very different from a commercial sale.

How illegal charter flights are usually disguised

Illegal charter rarely announces itself. Common patterns include:

• The "dry lease" that is not dry. You are asked to sign an aircraft lease plus a separate crew agreement, often with related companies, so that on paper you are the operator. The FAA's red-flag list targets exactly this: a company providing the aircraft and at least one crew member while attempting to transfer operational control to you.
• The "owner's friend" flight. An owner or management company sells seats or whole trips on an aircraft that is not on any charter certificate.
• The coached passenger. You are told what to say if an inspector meets the aircraft. The FAA lists this as a warning sign.
• The missing tax line. The FAA notes that legitimate US charter operators must charge federal excise tax, so a quote without it deserves questions.

The consequences go beyond regulation. If you were effectively the operator, insurance coverage and liability after an incident can look very different from what you assumed. The FAA's charter page reports more than $18 million levied against rogue operators.

Need the car at the other end? Price your FBO transfer here; the fare is confirmed before you pay.

How to confirm a legal Part 135 charter in the US

A legal private jet charter can be confirmed with a few questions:

1. Who is the operator? Ask for the legal name of the company in operational control, not just the brand or broker.
2. Is the aircraft on its certificate? Ask for the certificate and confirm the registration is authorized for charter. The FAA publishes a searchable list of certificated operators and aircraft from the Safe Air Charter page.
3. What is the broker's role? Under 14 CFR 295.24, US air charter brokers must disclose before contracting the corporate name of the carrier in operational control and the capacity in which the broker is acting, for example as your agent or the carrier's.
4. Is federal excise tax on the invoice?

Our sibling article on ARGUS, Wyvern and IS-BAO safety ratings covers the voluntary audits you can add on top of these checks, and the guide to broker vs operator explains who does what in the booking chain.

International equivalents: EU and UK air operator certificates

Other jurisdictions use different labels for the same idea.

European Union. Commission Regulation (EU) No 965/2012 sets the air operations rules. Article 5 requires commercial air transport to follow its operator and commercial-operations annexes, and rule ORO.AOC.100 states that before commencing commercial air operations, an operator must apply for and obtain an air operator certificate (AOC) from its competent authority. So a paid flight on a business jet in Europe should be operated by an AOC holder with that aircraft on its operations specifications.

United Kingdom. The Civil Aviation Authority's guidance on charters and air taxi flights is blunt: a paid flight in a light aircraft or business jet is recognized in law as commercial air transport and should never be treated as a private arrangement. By law you must be told the operator's name, you can check it against the CAA's list of AOC holders, and if you knowingly use an illegal operator you may be breaking the law yourself. The CAA also describes genuine cost-sharing flights, where only direct costs are split among everyone on board including the pilot, and notes they do not meet the same safety standards as AOC flights.

The pattern holds across borders: someone must be certificated, named and accountable.

Where the chauffeur fits in a legal, accountable trip

The same logic applies on the ground. A car that meets your jet should come from a licensed, commercially insured operator, with a named company responsible for the vehicle and driver. LimousineWorldwideDirectory.com books chauffeurs from vetted local operators in our worldwide directory and confirms the booking, the operator and the fare in one place; our why book with us page explains the screening.

Typical FBO runs: from Teterboro to Midtown Manhattan is about 19 km (12 miles), 25 to 35 minutes off-peak and 45 to 90 minutes at rush hour. From Paris-Le Bourget to the Champs-Élysées is about 14 km (9 miles), 25 to 50 minutes. From Nice Côte d'Azur to Cannes is about 30 km (19 miles), 30 to 60 minutes, slower during the Cannes Film Festival.

Our private jet car service handles FBO pickups worldwide, and travel managers can run trips through a corporate car service account. Travel advisers booking for clients can use our travel trade desk.

When you request a flight through our private jet charter page, we act as your booking agent. The flight is operated by a licensed air carrier, such as an FAA Part 135 operator in the US or an EU or UK AOC holder in Europe, which holds operational control, and the operator is named before you commit. For the car, book online or call (877) 860-3388.

Sources

• Safe Air Charter (Federal Aviation Administration)
• 14 CFR 1.1, General definitions (eCFR, FAA rule)
• 14 CFR 91.501, Applicability (large and turbine-powered multiengine airplanes) (eCFR, FAA rule)
• 14 CFR 135.243, Pilot in command qualifications (eCFR, FAA rule)
• 14 CFR 135.267, Flight time limitations and rest requirements (eCFR, FAA rule)
• 14 CFR 295.24, Disclosures by air charter brokers (eCFR, US Department of Transportation rule)
• Commission Regulation (EU) No 965/2012 on air operations (EUR-Lex, European Union)
• Charters and air taxi flights (UK Civil Aviation Authority)

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