INTRODUCTION
Personal liability, taxes, aircraft operating costs, employee risk, aircraft management, prospective charter revenue, and flight support services are also impacted by the main business aviation, 14 CFR Parts 91. For many crucial areas of structuring and planning related to aircraft ownership, funding, operations, and management, choosing whether to operate under Part 91 reflects the takeoff rather than the destination.
PART 91: HIGH ALTITUDE VIEW
This is not only a lawyer’s job; buyers must comprehend the fundamental ideas behind Part 91 training in order to fully grasp how important they are to buying and owning business aircraft.
With some restrictions under FAR 91.501, think of Part 91 as the basic set of regulations for non-commercial, private flight operations. Under these operations, customers cannot legally pay or repay the owner for both their business and personal flights. Owners can transport their loved ones, friends, coworkers, and others by taking full responsibility for the operations and costs of flights under Part 91 without having to adhere to the more strict operations and certifications standards.
SPECIFICATIONS
The “operator” of the aircraft, as defined by Part 91, is a single-qualified entity or person who has “operational control” over the flight. Operational control, conceptually, applies to Part 91. The phrase alludes to the operator’s power to launch, operate, and land a flight.
For aircraft accidents or other occurrences that result in property damage, personal injury, or death, the operator under Part 91 training, has a duty and main personal culpability to others. These operators have a liability “target on their back” for third-party claims.
Part 91 STRUCTURE
Aircraft owners self-manage their aircraft in some Part 91 structures. They may hire pilots, mechanics, and other crew members in an operational business or in an aviation firm connected to the owner, both of which are referred to as departmental flights. The flying department does not own the aircraft. Instead, the owner keeps title or establishes a limited liability company or trust with the sole purpose of doing so.
Whether it supports one or more aircraft, the flight department makes arrangements for flight operations, manages risks by purchasing insurance, records and pays for aircraft expenses on the owner’s behalf, manages employee compensation, oversees the coordination of maintenance, complies with FARs, schedules flights as needed, and communicates with the FAA.
CONCLUSION: WHY OPERATIONS UNDER PART 91 MAKE SENSE TO THE OWNER
The advantages of Part 91 training include flexibility, the potential for cost savings, uninterrupted access to the aircraft, and a schedule that is not hampered by competing charter schedules of third parties. Additionally, it relaxes standards for pilot certification, which is a major gain considering the present pilot shortage. Owners can choose not to charter their aircraft, nevertheless.
When asked why they choose to fly under Part 91, pilots will likely respond that they like the freedom from onerous and pointless Part 135 regulations to fly practically anywhere, at any time, and for however many hours of duty, it takes to achieve the mission of their aircraft owner.
