799
Federal Aviation Administration, DOT
§ 91.1009
§ 91.1002
Compliance date.
No person that conducted flights be-
fore November 17, 2003 under a program
that meets the definition of fractional
ownership program in § 91.1001 may
conduct such flights after February 17,
2005 unless it has obtained manage-
ment specifications under this subpart.
[Doc. No. FAA–2001–10047, 68 FR 54561, Sept.
17, 2003; 69 FR 74413, Dec. 14, 2004]
§ 91.1003
Management contract be-
tween owner and program man-
ager.
Each owner must have a contract
with the program manager that—
(a) Requires the program manager to
ensure that the program conforms to
all applicable requirements of this
chapter.
(b) Provides the owner the right to
inspect and to audit, or have a designee
of the owner inspect and audit, the
records of the program manager per-
taining to the operational safety of the
program and those records required to
show compliance with the management
specifications and all applicable regu-
lations. These records include, but are
not limited to, the management speci-
fications, authorizations, approvals,
manuals, log books, and maintenance
records maintained by the program
manager.
(c) Designates the program manager
as the owner’s agent to receive service
of notices pertaining to the program
that the FAA seeks to provide to own-
ers and authorizes the FAA to send
such notices to the program manager
in its capacity as the agent of the
owner for such service.
(d) Acknowledges the FAA’s right to
contact the owner directly if the Ad-
ministrator determines that direct
contact is necessary.
§ 91.1005
Prohibitions and limitations.
(a) Except as provided in § 91.321 or
§ 91.501, no owner may carry persons or
property for compensation or hire on a
program flight.
(b) During the term of the multi-year
program agreements under which a
fractional owner has obtained a min-
imum fractional ownership interest in
a program aircraft, the flight hours
used during that term by the owner on
program aircraft must not exceed the
total hours associated with the frac-
tional owner’s share of ownership.
(c) No person may sell or lease an air-
craft interest in a fractional ownership
program that is smaller than that pre-
scribed in the definition of ‘‘minimum
fractional ownership interest’’ in
§ 91.1001(b)(10) unless flights associated
with that interest are operated under
part 121 or 135 of this chapter and are
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,
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