Whether a flight is private or commercial decides which rules apply, who is responsible, and whether the operator needs a certificate. It matters to anyone chartering, managing or sharing an aircraft.
United States
- Part 91 covers general operating rules, including private, non-commercial flying. The owner or operator keeps operational control.
- Part 135 covers commuter and on-demand operations, such as charter flights for compensation or hire. Operators need an FAA certificate and operations specifications. Interstate on-demand operators also register with the Department of Transportation (DOT) and file evidence of insurance.
- Charter brokers follow DOT Part 295. They may only arrange flights with carriers that hold the right DOT and FAA authority, and they must disclose who operates the flight.
Management companies and "illegal charter"
A management company can support an owner's Part 91 flights if the owner keeps operational control and the flights aren't carrying others for hire. If the manager controls the flight or provides transport for compensation, Part 135 rules generally apply. The FAA looks at who actually controls the flight, not what the contract calls it.
Canada
- Private operators fly under the Canadian Aviation Regulations (CARs) for private operations (Subpart 604 covers certain private business aircraft operations).
- Commercial air services need a Transport Canada Air Operator Certificate under CARs Part VII: Subpart 703 (air taxi), 704 (commuter) or 705 (airline).
- To sell a publicly available air service, a Canadian operator generally also needs a licence from the Canadian Transportation Agency.
Questions to ask before you fly
- Who is the operator, and which certificate will the flight operate under?
- If a broker is involved, who is the operating carrier, and what is the broker's role?
- What insurance covers the flight?
AeroSterling does not sell, arrange or operate flights. Through the Partner Network we can introduce you to authorised operators and brokers, who contract with you directly.
This guide is general information, not legal advice. Rules change and have exceptions, so confirm with the authority or an aviation attorney.
