Regulation Text
(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 aircraft carry passengers or property designated by that owner; and
(3) The aircraft is carrying those passengers or property.
(b) An owner is not in operational control of a flight in the following circumstances:
(1) A program aircraft is used for a flight for administrative purposes such as demonstration, positioning, ferrying, maintenance, or crew training, and no passengers or property designated by such owner are being carried; or
(2) The aircraft being used for the flight is being operated under part 121 or 135 of this chapter.
The short answer
(14 CFR § 91.1009) A fractional owner is in operational control of a program flight when it holds the rights and limits in §§ 91.1003 through 91.1013, has directed that the aircraft carry its designated passengers or property, and the aircraft is carrying them. The owner is not in control for administrative flights with no designated load or for part 121/135 flights.
Research Notes
Common Questions
When is a fractional owner in operational control of a program flight?
When the owner holds the §§ 91.1003–91.1013 rights and limits, has directed the aircraft to carry its designated passengers or property, and the aircraft is carrying them.
“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 aircraft carry passengers or property designated by that owner; and (3) The aircraft is carrying those passengers or property.” — 14 CFR § 91.1009(a)
When is the owner NOT in operational control?
On administrative flights—demonstration, positioning, ferrying, maintenance, or crew training—carrying no passengers or property the owner designated, or when the aircraft is operated under part 121 or 135.
“An owner is not in operational control of a flight … (1) A program aircraft is used for a flight for administrative purposes such as demonstration, positioning, ferrying, maintenance, or crew training, and no passengers or property designated by such owner are being carried; or (2) The aircraft being used for the flight is being operated under part 121 or 135 of this chapter.” — 14 CFR § 91.1009(b)
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