Operational control is an authority granted by the FAA to an aircraft operator. An operator may be the owner or a third party but care must always be taken to meet the responsibility of operating the aircraft safely and lawfully.

1. WHO HAS
OPERATIONAL
CONTROL?

2. Operate
As defined in § 1.1, operate
"with respect to aircraft,
means use, cause to use or
authorize to use aircraft, for
the purpose ( except as
provided in § 91.13 of this
chapter) of air navigation
including the piloting of
aircraft, with or without the
right of legal control (as
owner, lessee, or otherwise)."

3. Conveyance
Conveyance is defined in the FA Act as "a bill of sale,
contract of conditional sale, mortgage, assignment
of mortgage, or other instrument affecting title to, or
interest in, property."

4. Operational
Control
As defined in § 1.1,
operational control "with
respect to a flight; means the
exercise of authority over
initiating, conducting or
terminating a flight."
Operational control involves
three basic areas: Flight
Crew, Aircraft, and Flight
Environment.

5. Do you have
operational control?
• Who makes the decision to assign crewmembers
and aircraft; accept flight requests; and initiate,
conduct, and terminate flights?
• For whom do the pilots work as direct employees or
agents?
• Who is maintaining the aircraft and where is it
maintained?
• Prior to departure, who ensures the flight, aircraft,
and crew comply with regulations?
• Who decides when/where maintenance is
accomplished, and who directly pays for the
maintenance?
• Who determines weather/fuel requirements, and
who directly pays for the fuel?
• Who directly pays for the airport fees,
parking/hangar costs, food service, and/or rental
cars?

6. SCENARIO 1

7. Pilot owns and
operates the aircraft
• The right of control is conveyed through
ownership.
• The pilot is the owner
• The pilot is the operator
• The aircraft is used for the owners
personal and business use and owner
pays all expenses
• The pilot does not hold out
• All flights are conducted under Part 91
operating rules
• The pilot/owner decides when/where
maintenance is accomplished, and
directly pays for the maintenance

8. The owner has operational control

9. I’M A COMMERCIAL PILOT
Can I charge people to take them from point A to point B in my own or rented airplane?

10. FURTHER CERTIFICATION REQUIRED
You would also need to possess an air operator or air carrier certificate.
See CFR 14, Parts 119, 135 and 121

11. Only if you have an air operator or air
carrier certificate under Parts 135 or 121
§ 119.33 General requirements.
(a) A person may not operate as a direct air carrier unless that person -
(1) Is a citizen of the United States;
(2) Obtains an AirCarrierCertificate; and
(3) Obtains operations specifications that prescribe the authorizations, limitations, and procedures under which each kind of operation must be conducted.
(b) A person other than a direct air carrier may not conduct any commercial passenger or cargo aircraft operation for compensation or hire under part 121
or part 135 of this chapter unless that person -
(1) Is a citizen of the United States;
(2) Obtains an OperatingCertificate; and
(3) Obtains operations specifications that prescribe the authorizations, limitations, and procedures under which each kind of operation must be conducted.
(c) Each applicant for a certificate under this part and each applicant for operations specifications authorizing a new kind of operation that is subject to §
121.163 or § 135.145 of this chapter shall conduct proving tests as authorized by the Administrator during the application process for authority to
conduct operations under part 121 or part 135 of this chapter.All proving tests must be conducted in a manner acceptable to theAdministrator.All
proving tests must be conducted under the appropriate operating and maintenance requirements of part 121 or 135 of this chapter that would apply if
the applicant were fully certificated.TheAdministrator will issue a letter of authorization to each person stating the various authorities under which the
proving tests shall be conducted.

12. I OWN MY OWN AIRPLANE
Can friends or associates share the expense for a flight?

13. MAYBE.
But Use Caution. See FAR 61.113 andAC No: 61-142

14. CFR 14, Part 61, Section §61.113
Private pilot privileges and limitations: Pilot in command.

15. AC No: 61-142
This AC provides guidance on how a pilot may share flight expenses with passengers
in a manner consistent withTitle 14 of the Code of Federal Regulations (14 CFR). It
responds to Section 515 of the FAA Reauthorization Act of 2018 (Public Law 115-
254) and sets forth the Federal Aviation Administration’s (FAA) longstanding
position with regard to the regulations governing expense-sharing flights and the
manner in which those flights relate to operations that require a 14 CFR part 119
Operating Certificate.

16. SCENARIO 2

17. Non-pilot owns the aircraft
• The owner has the right of control through some form
of conveyance – bill of sale, holds title etc.…
• The owner is not a pilot
• The owner hires a pilot as an employee or agent to fly
the airplane
• The owner uses the aircraft for personal and business
use
• The owner does not hold out
• All flights are conducted under the operating rules of
Part 91

18. The owner has operational control

19. I OWN A BUSINESS…
Can I form a corporation or LLC to operate the
aircraft in for the purpose of providing
transportation to my business while placing the
liability on the new company?

20. THE FLIGHT
DEPARTMENT COMPANY
Unless the company also possesses an air operator
or air carrier certificate, as appropriate, this
scenario would not be legal.

21. SCENARIO 3

22. THEOWNER
HIRESA
MANAGEMENT
FIRMTO
MANAGETHE
AIRPLANE

23. YOU CAN USEA
MANAGEMENTCOMPANY,
BUTYOU HAVETO BE
CAREFULTO SPELLOUT IN
THE MANAGEMENT
CONTRACTTHATTHE
OWNER RETAINS
OPERATIONAL CONTROL
AT ALLTIMES UNLESSTHE
MANAGEMENTCOMPANY
POSSESSESAN AIR
CARRIER CERTIFICATE

24. THE CONTRACT NEEDSTO
SPELL OUT EXACTLY
WHATTHE SERVICES
PROVIDEDWILL BE
THE MANAGEMENT FIRMCANNOT LAWFULLY HAVEOPERATIONAL
CONTROL IFTHEY DO NOT HAVEANAIROPERATOROR AIRCARRIER
CERTIFICATE

25. • Management firm does not
possess an air operator or air carrier
certificate
• Possession and control must be
retained by the owner
• The management firm hires and
trains pilot(s) and dispatcher(s)
• Management firm contracts
the maintenance function to an
appropriate provider
• Flights are under Part 91 only

26. SCENARIO 4

27. Owner hires a management
firm to manage the airplane
• The management firm does have an air operator or air carrier
certificate
• Possession and Control are conveyed to the management company
through a lease
• Owner contracts with management company to manage the airplane
and provide operational control
• May or may not place the aircraft into revenue service
• Part 91 and/or Part 135 operating rules

28. THE MANAGEMENT FIRM HAS LEGAL
OPERATIONALCONTROL