Regulation Text
(a) As an aircraft operator, you may receive payment for carrying a candidate, agent of a candidate, or person traveling on behalf of a candidate, running for Federal, State, or local election, without having to comply with the rules in parts 121, 125 or 135 of this chapter, under the following conditions:
(1) Your primary business is not as an air carrier or commercial operator;
(2) You carry the candidate, agent, or person traveling on behalf of a candidate, under the rules of part 91; and
(3) By Federal, state or local law, you are required to receive payment for carrying the candidate, agent, or person traveling on behalf of a candidate. For federal elections, the payment may not exceed the amount required by the Federal Election Commission. For a state or local election, the payment may not exceed the amount required under the applicable state or local law.
(b) For the purposes of this section, for Federal elections, the terms candidate and election have the same meaning as set forth in the regulations of the Federal Election Commission. For State or local elections, the terms candidate and election have the same meaning as provided by the applicable State or local law and those terms relate to candidates for election to public office in State and local government elections.
[Docket FAA-2005-20168, 70 FR 4982, Jan. 31, 2005]
Research Notes
Section 91.321 — Carriage of candidates in elections — is a niche but interesting reg that exempts certain political campaign flights from Part 121/135 requirements.
What's allowed: A pilot may carry a political candidate AND/OR a candidate's representatives in a civil aircraft without holding a Part 135 certificate, IF the candidate (or their authorized committee) is charged for the flight at no more than the pro rata cost of fuel, oil, airport fees, and rental fees.
The campaign finance angle: Election law (Federal Election Campaign Act) regulates the value of in-kind contributions to political campaigns. The aviation industry historically wanted clarity on whether providing campaign flights would create regulatory exposure under Part 135 (commercial operation). § 91.321 was the FAA's resolution: such flights are Part 91, with the pro rata cost reimbursement framework providing a campaign finance compliance mechanism.
Practical scope: Used by GA pilots and small operators who fly local political candidates to campaign events. Major presidential and senate campaigns typically use charter or campaign-leased aircraft under Part 135.
Reference: FAA Office of Chief Counsel campaign aviation guidance.
Amendment History
Amendment History Coming Soon
Every time this regulation changes, we'll record it here — the date, what was amended, and a plain-English summary of what shifted.