776 

14 CFR Ch. I (1–1–24 Edition) 

§ 91.1007 

conducted by an air carrier or commer-
cial operator certificated under part 
119 of this chapter. 

§ 91.1007

Flights conducted under part 

121 or part 135 of this chapter. 

(a) Except as provided in § 91.501(b), 

when a nonprogram aircraft is used to 
substitute for a program flight, the 
flight must be operated in compliance 
with part 121 or part 135 of this chap-
ter, as applicable. 

(b) A program manager who holds a 

certificate under part 119 of this chap-
ter may conduct a flight for the use of 
a fractional owner under part 121 or 
part 135 of this chapter if the aircraft is 
listed on that certificate holder’s oper-
ations specifications for part 121 or 
part 135, as applicable. 

(c) The fractional owner must be in-

formed when a flight is being con-
ducted as a program flight or is being 
conducted under part 121 or part 135 of 
this chapter. 

O

PERATIONAL

C

ONTROL

 

§ 91.1009

Clarification of operational 

control. 

(a) An owner is in operational control 

of a program flight when the owner— 

(1) Has the rights and is subject to 

the limitations set forth in §§ 91.1003 
through 91.1013; 

(2) Has directed that a program air-

craft carry passengers or property des-
ignated by that owner; and 

(3) The aircraft is carrying those pas-

sengers or property. 

(b) An owner is not in operational 

control of a flight in the following cir-
cumstances: 

(1) A program aircraft is used for a 

flight for administrative purposes such 
as demonstration, positioning, 
ferrying, maintenance, or crew train-
ing, and no passengers or property des-
ignated by such owner are being car-
ried; or 

(2) The aircraft being used for the 

flight is being operated under part 121 
or 135 of this chapter. 

§ 91.1011

Operational control respon-

sibilities and delegation. 

(a) Each owner in operational control 

of a program flight is ultimately re-
sponsible for safe operations and for 
complying with all applicable require-

ments of this chapter, including those 
related to airworthiness and operations 
in connection with the flight. Each 
owner may delegate some or all of the 
performance of the tasks associated 
with carrying out this responsibility to 
the program manager, and may rely on 
the program manager for aviation ex-
pertise and program management serv-
ices. When the owner delegates per-
formance of tasks to the program man-
ager or relies on the program man-
ager’s expertise, the owner and the pro-
gram manager are jointly and individ-
ually responsible for compliance. 

(b) The management specifications, 

authorizations, and approvals required 
by this subpart are issued to, and in 
the sole name of, the program manager 
on behalf of the fractional owners col-
lectively. The management specifica-
tions, authorizations, and approvals 
will not be affected by any change in 
ownership of a program aircraft, as 
long as the aircraft remains a program 
aircraft in the identified program. 

§ 91.1013

Operational control briefing 

and acknowledgment. 

(a) Upon the signing of an initial pro-

gram management services contract, 
or a renewal or extension of a program 
management services contract, the 
program manager must brief the frac-
tional owner on the owner’s oper-
ational control responsibilities, and 
the owner must review and sign an ac-
knowledgment of these operational 
control responsibilities. The acknowl-
edgment must be included with the 
program management services con-
tract. The acknowledgment must de-
fine when a fractional owner is in oper-
ational control and the owner’s respon-
sibilities and liabilities under the pro-
gram. These include: 

(1) Responsibility for compliance 

with the management specifications 
and all applicable regulations. 

(2) Enforcement actions for any non-

compliance. 

(3) Liability risk in the event of a 

flight-related occurrence that causes 
personal injury or property damage. 

(b) The fractional owner’s signature 

on the acknowledgment will serve as 
the owner’s affirmation that the owner 
has read, understands, and accepts the 

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