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Operational Control | Part 91 vs. Part 135 | 135Pro™ Service Offering

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Now, there is a simple, low cost way for even the smallest corporate flight department to realize the economic benefits of Part 135 certification! JDA Aviation Technology Solutions has developed 135Pro™, a simplified low-cost Part 135 certification process, web-based application, and support program that give corporate operators the means to bolster revenue by chartering its aircraft.

Many business aircraft owners pay monthly management fees to place their aircraft on a Part 135 certificate as a means to gain revenue during slack operating periods. This arrangement seemingly creates a win-win-win situation that allows the aircraft owner to obtain revenue from the charter flights, the Part 135 charter operator to generate revenue without the cost of aircraft ownership and passengers to get greater availability of charter aircraft at reduced cost.

The FAA has concluded that this arrangement, when coupled with the provisions of a flight crew, is often nothing more than a "rent a certificate sham." In many cases the FAA determined that the certificate holders lacked Operational Control over the aircraft and the flights were operated illegally. The results have been record fines, certificate suspensions and revocations and even jail time for flying illegal Part 135 flights. Learn more about this issue in our October 2009 newsletter

Are you at risk? Contact Tom Stuckey for a free 30-minute Operational Control consultation at tstuckey@jdasolutions.aero or by telephone at 301-941-1460 ext. 210.

With 135Pro™ you:

  • Ensure compliance with FAA regulations
  • Avoid operational control issues
  • Improve safety
  • Lower operating costs
  • Increase profitability
  • Ensure correct IRS tax deductions.

Operational Control

Part 135 operators, often referred to as Charter or Air Taxi operators, as set forth in 14CFR135 are required to exercise exclusive operational control under the FAA rules. This means that the Part 135 operator (certificate holder) must retain ultimate authority over initiating, conducting and terminating flights. A Part 135 operator may not surrender its operational control duties, responsibility or authority to an individual or entity that is not a certificate holder.

Aircraft owners, such as corporate business entities that are operating under 14CFR91, commonly place their aircraft on the OpSpecs of Part 135 operators. Air charter brokers or management companies may arrange transportation for charterers but neither the aircraft owners nor brokers may control, direct or otherwise exercise authority over Part 135 flights without holding an air carrier certificate. Read the operational control paper. Review the operational control presentation.

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Federal Aviation Regulations 14CFR 91 vs. 14CFR135

The following outlines the differences between Part 91 and Part 135 Operations. Use this information when considering your options as you decide how to structure the ownership and operations of your aircraft.

The Differences:

  1. Federal Excise Tax on Part 135 flights and some Part 91 flights.
  2. Different Depreciation Schedules (the accountants do care!)
  3. Time & Expense of Certification under Part 135.
  4. Runway Length Requirements differ under the FARs.
  5. Available Airports.
  6. Flight Crew Duty Time Limitations and Rest Requirements under Part 135.
  7. Restrictions and Fees in Foreign Countries.
  8. Drug and Alcohol Testing Requirements under Part 135.
  9. Pilot Records Improvement Act Compliance.
  10. Fire-Blocking Aircraft Interiors.
  11. Continuous Maintenance Program for Aircraft with Ten or More Seats.

Federal Excise Tax (FET) is Collected:

26 U.S.C. ¤ 4261 imposes a 7.5% (plus $ $3.10 segment fee) FET on amounts paid for air transportation.

FET can be avoided under some FAR Part 91 operating structures. (FET is collected on timesharing, interchange and demo flights.)

FET must be collected and remitted quarterly to the IRS when operating under FAR Part 135.

Different Depreciation Schedules [5 vs. 7 years]:

Part 91 - Aircraft can be depreciated on a 5 year schedule.

Part 135 - Aircraft can be depreciated on a 7 year schedule.

Time & Expense of Certification:

Part 91 - no operating certificate required.

Part 135 - obtaining an operating certificate takes approximately 6 months to 1 year and costs approximately 15-20 times the hourly operating costs of the aircraft.

Runway Length Requirements:

Part 91 - runway length requirements determined solely by aircraft requirements.

Part 135 - aircraft must be capable of landing within 80% of the runway length (affects access to as many as 2,400 smaller airports).

Available Airports:

Part 91 - An aircraft may begin an instrument approach to airports where there is no weather reporting and the pilots determine when they approach the airport whether they can land safely.

Part 135 - An aircraft may not begin an approach to an airport that has no weather reporting facility unless the alternate airport has approved weather reporting.

Flight Crew Duty Time Limitations and Crew Duty Rest Requirements:

Part 91 does not impose specific flight crew duty time and requirements.

Part 135 imposes specific flight crew duty time and rest requirements.

Restrictions and Fees in Foreign Countries:

Part 135 operators are subject to fees, regulations and additional licensing imposed by foreign countries on commercial flight operations.

Drug and Alcohol Testing:

Part 135 operators are required to comply with the same drug and alcohol testing requirements as air carriers operating under Part 121.

Pilot Records Improvement Act:

Part 135 operators are required to comply with the Pilot Records Improvement Act of 1996, as amended, which can create delays in the hiring process and requires disclosure of personnel and training records.

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135Pro™ is a certification support, web-based application and customer service program. 135Pro™ has over 30 service elements providing a simple low-cost way to obtain a basic Part 135 certificate , a 24x7 document manager and unmatched customer support.

  Type of Operator
135Pro™ Service Single Pilot Single PIC Basic
Part 135		 Regular
Part 135		 Large Complex
Part 135 Certificate check check check check check
FAA Coordination check check check check check
Training Plan check check check    
Tracking Qualifications check check check check check
Full Manuals       check check
Partial Manuals     check    
Ops Spec Amendments check check check check check
MELs and Revisions check check check check check
FAA Bulletins check check check check check
FAR Changes check check check check check
New AD Compliance check check check check check
Manufacturer SBs check check check check check
Drug and Alcohol Testing check check check check check
Passenger Briefing Cards check check check check check
New Airplane Certificate Additions P P P P P
New Aircraft Conformity Inspections P P P P P
DOT Economic Authority check check check check check
Weight and Balance Program check check check check check
Ground Deicing Program check check check check check
Petitions for Exemptions, Deviations and Waivers check check check check check
Internal Audits P P P P P
Basic SMSPro™ P P P P P
Flight Manifest check check check check check
International Operations       check check
Aircrew and Aircraft Security International Ops P P P P P
Training Program  
Orientation check check check check check
Indoctrination check check check check check
HazMat check check check check check
Security check check check check check
Maintenance check check check check check
Flight Attendant         check
Emergency check check check check check

Key: check = Included | P = Premium

Certification Support:

JDA certification specialists take you through the 135 certification process in a series of steps including:

  1. Pre-application
  2. Formal Application
  3. Document Compliance
  4. Demonstration and Inspection
  5. Certification

Web-Based Application:

135Pro™ is a secure web- based application that enables each customer 24x7 access to their certification documents, manuals and training programs. There are no hardware and software requirements and it can be customized for your individual company.

What makes 135Pro™ unique is the addition of our basic SMSPro™ a Safety Management System tool designed for corporate flight departments with 20 or fewer employees.

Customer Support:

Each customer is assigned a JDA 135 specialist to ensure support during the entire certification process as well as serve as a resource and representative to assist with questions, service requests or any issues that may come up with the FAA.

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Contact JDA

JDA Aviation Technology Solutions
4720 Montgomery Lane
Suite 950
Bethesda, MD 20814

Toll Free: 1-877-JDA-AERO (877-532-2376)
Local: 301-941-1460

Email: info@jdasolutions.aero

JDA announces 135Pro