If you’re planning to fly your own private jet, it’s important to know which set of aviation rules applies to your situation. The way you use your aircraft—whether for personal trips or chartering it out for profit—determines which Federal Aviation Regulations (FARs) you must follow. These regulations are designed to keep flights legal and safe, and they vary depending on the nature of your operation. Two of the most common categories under the FAA are Part 91 and Part 135. Let’s explore what sets them apart and why it matters.
What Is Part 91?
Part 91 applies to non-commercial flights. That means if you’re flying your aircraft for personal use—like family vacations or business trips where no one is paying for the flight—you’re likely operating under Part 91. These rules are generally more relaxed than those governing commercial flights, giving private owners more flexibility. However, that flexibility comes with limits. You can’t accept payment or any form of compensation for the flight unless very specific conditions are met. For instance, if you’re sharing a flight with friends and you each split the cost equally, that’s allowed. But anything beyond that could shift your operation into commercial territory.
Under Part 91, pilots must still meet safety standards. This includes flying only in acceptable weather, ensuring safe takeoff and landing distances, and maintaining proper training. However, the insurance requirements are typically lighter, and the rules offer more freedom in areas like scheduling and rest periods. This makes Part 91 appealing for private owners who want a more relaxed set of rules for their flights.
What Is Part 135?
Part 135 is where things become more formal. This set of FAA regulations applies to non-scheduled commercial operations, like air taxi services or private jet charters. If you’re using your aircraft to make money by offering flights to paying passengers, then you’ll need to comply with Part 135. These rules are stricter, but they’re designed to keep passengers and crew safe under more demanding circumstances.
Getting certified for Part 135 involves meeting several requirements. You’ll need a full team, including a chief pilot, an operations manager, and a maintenance manager. There must also be a flight-following system in place to keep tabs on the aircraft during operations. These systems provide real-time oversight to help ensure safe and efficient flights.
Operating under Part 135 also brings tax considerations. While the FAA defines what counts as a commercial flight for legal purposes, the IRS has its own set of rules. For example, even if you’re a passenger on your own jet, the IRS may still consider it a commercial use if someone else paid for the trip. This could impact how your operation is taxed, so it’s something to keep in mind.
Comparing Part 91 and Part 135: What You Need to Know
There are several important differences between these two types of operations. These differences affect personnel requirements, flight conditions, and even what passengers must do before boarding.
Personnel Requirements
One of the biggest contrasts is in staffing. Under Part 91, the pilot in command holds full responsibility for the flight. There’s no need for additional management roles. In contrast, Part 135 requires a structured team with clearly defined roles for oversight and accountability. That includes positions focused on flight operations and maintenance.
Rest rules also differ. Pilots flying under Part 91 aren’t limited in how often or how long they can fly. But in Part 135 operations, pilots must follow rest schedules to avoid fatigue, adding another layer of safety.
Pilot qualifications are another key point. Part 135 pilots must meet higher standards and may also face random drug and alcohol testing. These requirements are in place to ensure safety on commercial flights, which carry a greater level of responsibility.
Flight Conditions
Weather and runway conditions play a big role in determining which FAR applies. Part 91 gives pilots more leeway, including the option to take off with limited visibility—as long as they’re confident it’s safe. Part 135, on the other hand, requires stricter weather standards and limits takeoffs to airports with official weather reporting systems.
Runway length also differs. Under Part 91, the pilot can choose any runway as long as it meets the aircraft’s performance limits. But under Part 135, runways must meet specific length requirements to ensure safe operations, especially when passengers are involved.
Passenger Requirements
Even passengers are treated differently under each part. Under Part 91, identification is usually not required for domestic flights. This is especially common with private owners flying within the U.S. However, in Part 135 operations, passengers must present valid government-issued ID, just like they would on a commercial airline.
This is another example of how commercial operations are held to a higher standard. The added rules under Part 135 reflect the responsibility that comes with flying people who are paying for the service.
Why These Differences Matter
Understanding the difference between Part 91 and Part 135 is more than just paperwork—it directly impacts your safety, legal responsibilities, and how you plan your flights. Here are a few key reasons why you should be familiar with both:
Safety: Part 135 has tighter rules for a reason. These rules help ensure the aircraft, pilot, and passengers are all protected during flight. If you’re paying for a private charter, those added safety measures can offer extra peace of mind.
Compliance: Staying within the law is essential. Flying under the wrong regulation can lead to fines or even loss of your ability to operate an aircraft. By knowing which rules apply to your flight, you can avoid costly mistakes.
Purpose: Every private jet owner uses their aircraft differently. Some want the freedom of private travel with no commercial pressure, while others aim to earn revenue by offering charter services. By aligning your intended use with the correct FAR, you ensure a smoother, safer experience.
