Regulation Text
(a) Each owner in operational control of a program flight is ultimately responsible for safe operations and for complying with all applicable requirements 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 expertise and program management services. When the owner delegates performance of tasks to the program manager or relies on the program manager's expertise, the owner and the program manager are jointly and individually 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 collectively. The management specifications, 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.
Research Notes
Section 91.1011 — Operational control responsibilities and delegation — establishes that the owner with operational control may delegate certain responsibilities back to the program manager.
Delegation framework: Owners typically delegate (via the management contract) the day-to-day operational responsibilities — pilot selection, crew scheduling, fuel planning, route planning, weather decisions, maintenance — to the program manager. The OWNER retains ultimate operational control responsibility but operates through the manager's infrastructure.
Limit on delegation: The owner can't fully delegate operational control to the program manager; doing so would convert the operation to Part 135. The owner must remain the responsible party for the flight under § 91.1009.
Reference: FAA Order 8900.1 Volume 4 Chapter 11.
Amendment History
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