Federal Aviation Administration (FAA) rules outline what an aircraft can and cannot do, who can be on board, and who can steer the aircraft.
As an aircraft owner, it’s critical to understand the FAA’s Part 91 and Part 135 regulations, so you can stay in compliance and avoid fines.
These are simple definitions:
- Part 91 applies to private, noncommercial use of an aircraft flown by an owner.
- Part 135 applies to commercial, for-hire charter flights.
Diving into these rules can help you make smarter decisions about how you use your aircraft and whether you offer charter services.
What Is FAA Part 91?
FAA Part 91 includes general aviation rules that apply when you fly your own plane for personal or business trips. No compensation is involved with these flights. You’re using your aircraft for yourself.
These rules aren’t ignorable, but they do allow for a significant amount of freedom.
Under Part 91, you can do the following:
- Use more airports than allowed under Part 135, including those without weather reporting
- Loosen rest-time restrictions for pilots
- Retain direct operational control
Remember that Part 91 only applies when you’re not charging passengers for the flight. You are using the aircraft you own for personal trips.
Buyers love the flexibility of Part 91, as they can fly into smaller airports in remote locations without breaking the rules. If clients tell me they like to go on vacation to small tropical locations, I tell them that Part 91 is the way to go.
What Is FAA Part 135?
FAA Part 135 includes rules that apply during an on-demand charter flight. Anytime a client pays for a seat on a private jet, these rules come into play. You’re essentially providing commercial airline services on a smaller, private scale for discerning customers who expect both safety and luxury.
Because the public is paying for the flight, the FAA holds Part 135 operators to a higher standard of safety, maintenance, and crew rest requirements. These safety standards help protect consumers and the businesses that serve them.
Clients should feel safe when they know their carrier has Part 135 certification. Several unseen safety checks and standards ensure the aircraft is safe before the client even steps on the tarmac.
Key Differences Between Part 91 & Part 135
While both Part 91 and Part 135 apply to small aircraft, the regulations are very different from one another.
This table compares them at a glance:
| feature | faa part 91 (private) | faa part 135 (Charter) |
|---|---|---|
| Primary Use | Personal or internal business use | Commercial, for-hire charter flights |
| Compensation | No compensation allowed (generally) | Paying passeners allowed |
| Operational Control | The aircraft owner/operator | The Charter Certificate holder |
| Pilot Duty Limits | No strict FAA daily limit (guidelines exist) | Strict 14-hour duty day / 10 hours flight time limits |
| Airport Access | High flexibility; can use airports without weather reporting | More restricted; requires weather reporting & longer runways |
| Privacy | Passenger manifest not always required | Passengers must show identification and be manifested |
| Tax Implications | Federal Excise Tax (FET) usually does not apply | 7.5% Federal Excise Tax (FET) applies to payments |
Operational Control & Liability
Under Part 91 regulations, the owner is responsible for the safety of the flight. Under Part 135, the charter operator assumes the liability and responsibility.
This distinction matters. As the owner of an aircraft, you will always be responsible for safety under Part 91, but you could subcontract that work under Part 135.
Runway & Weather Limitations
Safety buffers at airports keep passengers and crew safe from the unexpected. The rules differ whether or not a paying passenger is on board. When money changes hands, the demand for safety increases.
As a result, Part 91 regulations allow access to smaller airports with smaller safety buffers. Part 135 regulations do not.
Pilot Duty & Rest Requirements
Under Part 135, you’re required to adhere to federally mandated crew rest periods to prevent fatigue. Those pauses ensure the crew isn’t too tired to attend to paying passengers.
Under Part 91, rest periods are less regulated. Safe operators still follow best practices, but they don’t have specific limits to measure and match.
Which Regulation Fits Your Mission?
Some jet owners use both Part 91 and Part 135 regulations, depending on the trip. They fly under Part 91 for personal trips and use Part 135 when accepting paid passengers. It’s a smart strategy that ensures they get the most out of aircraft ownership.
A hybrid model can be a good way to recoup the cost of purchasing and maintaining an aircraft. Your charter trips will make you money, as long as you follow the rules.
How Element Aviation Ensures Compliance
Aviation regulations are complex, but you don’t need to memorize each rule. Let Element Aviation help.
Our aircraft management team handles regulatory requirements, leaving you open to enjoying your aircraft. Whether you want to operate under Part 91 or Part 135, we track pilot training, maintenance logs, and audits.
Every Element Aviation charter flight is rigorously vetted to ensure it meets full Part 135 compliance, and most exceed those rules and meet Wyvern/Argus standards.
Fact Checked & Reviewed By:
Chris Blanchard has spent more than two decades in the private aviation industry. He began his career with an on-demand charter operator and played a critical role in transforming a small operation into one of the largest and most successful in the country. His experience and commitment to excellence make him a trusted innovator in the field of private aviation.
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Last modified 14 Jan 2026