Part 135 and Part 91 Operations and Compliance Attorneys
Confidently navigate FAA rules and regulations on the ground and in the air.
Business aircraft operations demand a careful understanding of FAA regulations to avoid costly missteps. Jetlaw helps aircraft owners, operators, and flight departments comply with all relevant FAA rules—furthering both safety and operational efficiency.
One frequently violated regulation is 14 C.F.R. Part 91’s limitation on reimbursement. Without proper legal guidance, aircraft owners may inadvertently create unlawful “flight department” companies by charging affiliated businesses, family members, or friends for flights. This can violates Part 91 and expose owners to significant legal and tax liabilities, including denial of insurance coverage.
Business aircraft are generally operated under 14 C.F.R. Part 91 or Part 135. Certain large aircraft are operated under Part 125. Some foreign aircraft may be operated under Part 375.
Jetlaw’s attorneys are nationally recognized in FAA operational compliance. We provide proactive legal strategies to ensure your operations under Part 91, Part 135, Part 125, or Part 375 are lawful, efficient, and aligned with your business objectives.
Part 91 – Flexibility, with Responsibility
Part 91 governs aircraft operations that are not for compensation or hire and is favored by corporate flight departments for its flexibility, reduced operating costs, and simplified regulatory oversight. However, in exchange for flexibility, Part 91 operators assume regulatory responsibility for their operations. This is referred to as Operational Control. Part 91 also strictly limits compensation and reimbursement for flights. Unless a specific exemption applies, a Part 91 operator may not charge or accept reimbursement for a flight. Violations often arise when companies attempt to recoup costs without meeting regulatory requirements.
Jetlaw advises clients on lawful options for structuring cost-sharing, such as timeshare agreements, dry leases, and registered joint ownership—ensuring FAA and IRS compliance.
FAR Part 135 (aircraft charter) – Governs Aircraft Operations for Compensation or Hire
Part 135 governs operations for compensation or hire, including air charter services. Operators must be certificated by the FAA and hold economic authority, often
through exemption, from the Department of Transportation (DOT). Aircraft may be leased to Part 135 certificate holders and flown under the Part 135 certificate holder’s operational control.
Having your aircraft operated by an air carrier under Part 135 includes:
Increased liability protection
Additional maintenance requirements
Specific crew training and rest/duty limitations
Additional regulatory requirements (managed by the air carrier, but which may result in increased costs to you)
Part 135 is ideal for businesses and individuals that that do not want to assume liability of their aircraft operations, who need to charge multiple unrelated entities for flights, or who want to offset the costs of aircraft ownership by allowing the air carrier to charter their aircraft to third parties. Part 135 also simplifies personal use issues and may help a company preserve its corporate aircraft deductions, even if the aircraft is used for substantial personal use and entertainment.
Jetlaw structures and negotiates these arrangements to minimize risk and maximize tax and operational benefits.
Dry Leases
Jetlaw ensures your lease agreements meet FAA requirements, are properly filed, and contain required language to protect you during inspections or audits.
Time Sharing Agreements
We help clients create compliant time sharing agreements and advise on federal excise tax (FET) collection and remittance.
Registered Joint Ownership
Our legal team advises on how to structure these arrangements to reduce costs while maintaining FAA and IRS compliance.
Interchange Agreements
Example:
Company A’s Jet – Hourly Cost (including ownership, operation, and maintenance) = $10,000/hr.
Company B’s Jet – Hourly Cost (including ownership, operation, and maintenance) = $7,000/hr.
Company A needs 15 hours on Company B’s jet.
Interchange Agreement: Company B must also have the option to use 15 hours on Company A’s Jet. Since Company B’s jet is more expensive to operate per hour, Company A may pay Company B up to $3,000 per hour to cover the operating cost difference. If Company B does not use its 15 hours on Company A’s jet, it loses them. No additional compensation may be exchanged if an unequal amount of hours are used.
Jetlaw helps you calculate, document, and defend interchange arrangements before the FAA and IRS.
Part 125
Jetlaw advises operators on whether Part 125 is appropriate and how to avoid inadvertently triggering Part 135 requirements.
Part 375
Jetlaw helps clients determine whether Part 375 applies and, if so, how to comply—or structure operations to avoid unnecessary restrictions.
Why Jetlaw?
Jetlaw is more than an aviation law firm—we are industry insiders with unmatched legal depth in FAA compliance. We are pilots and we own and operate aircraft. Whether you are structuring ownership, sharing costs, or launching a charter operation, our attorneys bring clarity to complex regulations. We work directly with FAA headquarters and local FAA offices, helping clients resolve issues before they become violations.