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14 CFR Ch. I (1–1–14 Edition)
§ 91.1005
§ 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,
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
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