In the world of private aviation, safety and regulatory compliance aren’t based on the size or luxury of the cabin, but the regulations under which the flight is operating. In the United States, there are two sets of Federal Aviation Regulations (FARs) that govern the majority of private jet flights: Part 91 and Part 135.
While it can be confusing for the passenger, the difference is significant. For the charter broker, it is a fundamental difference. It is the difference between how the aircraft can be used, how the crew is trained, how the maintenance is performed, how the insurance is structured, and ultimately, if the flight can be sold as a charter.
What is Part 91?
Part 91 is the set of regulations for private ownership and non-commercial flying. In these types of operations, the aircraft owner is flying the jet for their own use, whether personal or corporate.
A company with an individually owned aircraft for business use is flying under Part 91. Individuals flying their own private jets fall into this category. No monetary exchange is made for passenger transportation, which is why the regulations aren’t as stringent.
While 91 operators are still required to comply with aviation safety regulations, they do not have to comply with the additional regulations that apply to charter operators.
The other major point is that a Part 91 operation cannot be sold or offered for public charter. This is considered a violation of aviation regulations and is considered “gray market.”
What is Part 135?
Part 135 is part of the aviation regulations that govern on-demand air transportation services. This includes private jet charter companies that sell flights to the public.
This is a more rigorous regulation because customers are paying for a service. Therefore, the regulations are significantly more stringent and include:
- Certification and oversight by the FAA
- Approved training programs
- Duty and rest rules
- Scheduled maintenance and inspection
- Operation control
- Drug and alcohol testing
- Approved safety procedures
Aircraft that operate under this part are audited and must demonstrate compliance. This gives a client of a charter company peace of mind that their flight is safe and meets the regulations of a commercial private jet provider.
Why the Distinction Matters to Clients
For most people, a private jet is simply a private jet. The inside of a jet is nice, and the crew is professional and courteous. The experience is essentially the same.
The reality is that a charter operation is required by law to have a certified commercial operator with operational control of a flight. This means that without this certification, a flight cannot legally be sold.
Another factor is insurance coverage. Insurance for commercial flights is arranged differently from insurance for private flights. In the event of an accident, flights operating incorrectly can expose the operator to significant liability risks.
From the broker’s perspective, it is non-negotiable that all charters are flown under the correct regulatory umbrella. This benefits the client, the operator, and the broker itself.
The Broker’s Role as a Compliance Gatekeeper
Brokers differ from operators in that they neither own the aircraft nor provide the pilots. The value brokers bring is that they can provide the client with the most appropriate aircraft from a worldwide inventory of certified operators, while ensuring the aircraft meets the safety, regulatory, and logistical requirements of the charter mission.
A broker’s first responsibility is to verify that the operator they represent is properly certified for the proposed charter mission. This means not only that the operator is Part 135 certified but that the specific aircraft being offered is listed on the operator’s Part 135 certificate.
Some aircraft can be both Part 91 and Part 135 depending upon the scheduling of the operation. The broker must verify that the proposed charter will be flown under Part 135 authority if it is offered as a charter.
Other considerations that must be verified include the operator’s authority for the proposed destination, the type of aircraft being used, and any special requirements for the trip, including international flights, ocean operations, and/or flying to challenging airports.
Verifying Safety Certifications Beyond FAA Approval
While FAA certification is the ultimate legal authority to operate an air charter, many corporate flight departments and some charter clients demand that the operator undergo safety audits beyond the FAA standard. Brokers use independent auditing organizations that provide a higher standard than the FAA requires. The most well-known of these audits include:
ARGUS
The ARGUS system assesses the operator based on operational records, safety records, pilots’ qualifications, and company procedures. Higher ratings, such as ARGUS Gold or Platinum, imply that the operator is under more stringent evaluation criteria.
Wyvern
Wyvern awards the Registered or Wingman designation after detailed safety audit criteria and monitoring of operational records.
IS-BAO (International Standard for Business Aircraft Operations)
The International Business Aviation Council developed the IS-BAO safety management system. The system is comprehensive and widely accepted as the industry standard for safety management. Operators are awarded different stages based on their demonstrated continuous improvement.
From the broker’s viewpoint, these accreditations are important as they provide an independent stamp of approval for the operator’s safety management system. For many corporate clients, these are mandatory requirements for the company’s travel plans.
Why Experienced Brokers Matter
For the average individual who occasionally flies privately, navigating the regulatory environment may not be possible. The broker’s role is to act as an intermediary between the client and the charter operator. The broker is familiar with the environment and the client’s needs.
In addition to regulatory compliance, the broker must consider factors such as the operator’s reliability, safety record, operational history, and suitability for the intended flight. Price is not the only factor in the selection process.
Good working relationships with operators also allow the broker to gauge performance beyond the audit. Feedback from past flights, responses during irregular operations, and service reliability are all factors in choosing operators.
In summary, the broker sifts through the complex world of aviation and provides the client with manageable, safe, and appropriate options.
A Regulatory Framework Designed for Passenger Protection
The distinction between Part 91 and Part 135 regulations was put in place to protect the passenger and ensure that commercial air transportation meets higher safety standards. Although it is perfectly safe to engage in private ownership flights, selling transportation to the public requires additional safety measures.
From the broker’s point of view, ensuring that every charter flight is conducted within the appropriate certification is paramount. It is the foundation of legal compliance, insurance, reliability, and safety.
For the client, it is reassuring to know that the aircraft, crew, and operators are all vetted correctly. It is the luxury of private aviation that gets the passenger from point A to point B, but it is the regulatory framework that makes it all safe and secure.
When working with a reputable broker, the intricacies are handled behind the scenes, leaving the passenger to enjoy the efficiency and convenience of private aviation.