Regulation Text
(a) Upon the signing of an initial program management services contract, or a renewal or extension of a program management services contract, the program manager must brief the fractional owner on the owner's operational control responsibilities, and the owner must review and sign an acknowledgment of these operational control responsibilities. The acknowledgment must be included with the program management services contract. The acknowledgment must define when a fractional owner is in operational control and the owner's responsibilities and liabilities under the program. These include:
(1) Responsibility for compliance with the management specifications and all applicable regulations.
(2) Enforcement actions for any noncompliance.
(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 operational control responsibilities described in the acknowledgment.
(c) Each program manager must ensure that the fractional owner or owner's representatives have access to the acknowledgments for such owner's program aircraft. Each program manager must ensure that the FAA has access to the acknowledgments for all program aircraft.
The short answer
(14 CFR § 91.1013) On signing, renewing, or extending a program management services contract, the program manager must brief the fractional owner on operational control responsibilities, and the owner must review and sign an acknowledgment that is included with the contract.
Research Notes
Common Questions
When must the operational control briefing happen?
Upon signing an initial contract, or a renewal or extension of one, the program manager must brief the owner and the owner must sign an acknowledgment.
“Upon the signing of an initial program management services contract, or a renewal or extension of a program management services contract, the program manager must brief the fractional owner on the owner's operational control responsibilities, and the owner must review and sign an acknowledgment of these operational control responsibilities.” — 14 CFR § 91.1013(a)
What must the acknowledgment define?
It must define when the owner is in operational control and the owner's responsibilities and liabilities, including compliance with management specifications and regulations, enforcement actions for noncompliance, and liability risk for injury or property damage.
“Responsibility for compliance with the management specifications and all applicable regulations. … Enforcement actions for any noncompliance. … Liability risk in the event of a flight-related occurrence that causes personal injury or property damage.” — 14 CFR § 91.1013(a)(1)–(3)
Who needs access to the signed acknowledgments?
The program manager must ensure the owner or owner's representatives have access to the acknowledgments for their program aircraft, and that the FAA has access to the acknowledgments for all program aircraft.
“Each program manager must ensure that the FAA has access to the acknowledgments for all program aircraft.” — 14 CFR § 91.1013(c)
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