What Exactly are Part 91 and Part 135?
To understand all the parts and pieces of the Federal Aviation Regulations, it may help to get an overall picture of the Code of Federal Regulations (CFR), which is US Federal Law. All pilots are bound by these regulations according to the type of flying that they do. Within the CFR, you will find the following further breakdown of rules:
- Title 14, which refers to Aeronautics and Space.
- Title 49, which refers to Transportation.
Finally, the Federal Aviation Regulations (FARs) can be found under Title 14 and Title 49 and are divided into another series of parts. The most common are:
- Part 91, which concerns general operations and flight rules for non-commercial operations.
- Part 135, which refers to the regulations for commuter operations and on-demand operations, commonly called charter flights.
- Part 121, which refers to the rules for scheduled air carriers.
It is interesting to note that the FAA refers to the parts of the FAR as 14CFR Part 91, instead of FAR Part 91.
More About Part 91
Part 91 states the qualifications and requirements for the following:
- Pilots.
- Aircraft maintenance standards.
- Equipment specifications.
- Flight rules.
It is the least restrictive of the regulations, but also the broadest in scope. Part 91 governs student pilots, private pilots who are flying their friends and family for fun, and it also regulates private travel for businesses and other non-commercial flights. This gives business aircraft owners and private operators the ability to fly under the less restrictive Part 91 rules.
This part does not allow the pilot to be paid for his or her services, except in very specific circumstances, and even then, the amount is very limited (for example, the passenger can share the fuel expenses). This rule ensures that paying passengers are flying with the most experienced pilots in very well-maintained aircraft.
Part 91 governs all aircraft operators, even the most experienced airline captain who has been flying for 40 years. Everyone must follow these fundamental rules. As the pilot moves up to 135, and then 121 flying, the regulations just keep getting more and more restrictive, depending on the operation, but Part 91 still applies.
More About Part 135
Part 135 regulates commercial pilots and operators who get paid for their services. This includes commuter operations and on-demand flying, also known as charters. This part applies to aircraft with 30 or fewer seats, or a payload of 7500 pounds or less.
Examples include:
- Private jets.
- Small turbine propeller aircraft.
- Commercial helicopters.
- Fractional aircraft ownership flights
- Air taxi services.
- Any plane with a pilot who gets paid.
This part ensures the highest level of safety by regulating maintenance procedures, pilot qualifications and even passenger requirements.
Summary
To summarize the FAA legal jargon that can sometimes be confusing:
- The Code of Federal Regulations (CFR) is Federal Law.
- The Federal Aviation Regulations (FAR) are included within the CFR under Titles 14 and 49 as federal law.
- The “Parts” 91 and 135 are part of the FAR.
It is imperative that pilots understand the differences between Part 91 and Part 135 operations to ensure that they fly their assigned aircraft in alignment with the correct FAR operations. This is the best way to maintain the high level of safety that the FAA has created.
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