Regulation Text
(a) Unless provided for in this section, no person may operate a primary category aircraft carrying persons or property for compensation or hire in operations that:
(1) Require an air carrier or commercial operator certificate issued under part 119 of this chapter;
(2) Are listed in § 119.1(e) of this chapter;
(3) Require management specifications for a fractional ownership program issued in accordance with subpart K of this part; or
(4) Are conducted under part 129, 133, or 137 of this chapter.
(b) Except as provided in § 91.326(c), no person may operate a primary category aircraft that is maintained by the pilot-owner under an approved special inspection and maintenance program except—
(1) The pilot-owner; or
(2) A designee of the pilot-owner, provided that the pilot-owner does not receive compensation for the use of the aircraft.
(c) A primary category aircraft that is maintained by an appropriately rated mechanic or an authorized certificated repair station in accordance with the applicable provisions of part 43 of this chapter may be used to conduct flight training, checking, and testing for compensation or hire.
[Docket FAA-2023-1351, Amdt. 91-378, 89 FR 80340, Oct. 2, 2024]
The short answer
(14 CFR § 91.325) limits primary category aircraft: unless provided otherwise, they may not carry persons or property for compensation or hire in operations requiring a part 119 certificate, listed in § 119.1(e), requiring subpart K management specs, or conducted under part 129, 133, or 137. It also restricts who may maintain and operate pilot-owner-maintained aircraft.
Research Notes
Common Questions
Who may operate a primary category aircraft maintained under a pilot-owner program?
Only the pilot-owner, or a designee of the pilot-owner provided the pilot-owner receives no compensation for use of the aircraft — except as provided in § 91.326(c).
“Except as provided in § 91.326(c), no person may operate a primary category aircraft that is maintained by the pilot-owner under an approved special inspection and maintenance program except—(1) The pilot-owner; or (2) A designee of the pilot-owner, provided that the pilot-owner does not receive compensation for the use of the aircraft.” — 14 CFR § 91.325(b)
Can a primary category aircraft be used for flight training for hire?
Yes, if maintained by an appropriately rated mechanic or an authorized certificated repair station under the applicable provisions of part 43, it may be used to conduct flight training, checking, and testing for compensation or hire.
“A primary category aircraft that is maintained by an appropriately rated mechanic or an authorized certificated repair station in accordance with the applicable provisions of part 43 of this chapter may be used to conduct flight training, checking, and testing for compensation or hire.” — 14 CFR § 91.325(c)
What compensated operations are prohibited under § 91.325(a)?
Carrying persons or property for compensation or hire in operations that require a part 119 certificate, are listed in § 119.1(e), require subpart K management specifications, or are conducted under part 129, 133, or 137.
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