To break into the charter or commuter air business, you’ll need a Part 135 certificate from the FAA. Part 135 is the section of the federal aviation regulations (or FAR) for commuter and on-demand air carriers. 

Certification isn’t as simple as filling out paperwork. You may face delays of months or more before you can even start, to say nothing of further certifications and approvals. Before you begin, you’ll need guidance from an attorney familiar with your local Flight District Standards Office (FSDO).

Who Works under Part 135?

FAA Part 135 is the set of regulations that governs commuter airlines and on-demand flight service. If an aviation business—

  • Carries persons or property
  • Uses smaller airplanes—carrying under 9 to 30 passengers, depending on the service—or rotor craft

—it is likely to require a Part 135 certificate. Commuter airlines, on-demand air services, and air ambulances operate under Part 135 certificates. 

Types of Part 135 Certificate

There are two different types of Part 135 certificate:

  • Air carrier certificate (for interstate/foreign transportation or mail carriage)
  • Operating certificate (for intrastate transportation)

There are also two kinds of operating authority under Part 135–commuter and on-demand. Applicants must specify whether they require:

  • Commuter authority (for non-turbojet planes with a capacity of up to 9 passengers or less than a 7,500-lb payload, or any rotorcraft)
  • On-demand authority (for planes with a capacity of up to 30 passengers or any rotorcraft)

See AC 120-49B for details.

The FAA also classifies Part 135 certificates according to size and scope:

  • Single-pilot certificates, for businesses with a single named pilot. 
  • Single PIC (pilot in command) certificates, for businesses with one PIC and up to three SIC (second in command) pilots. Operations are limited to smaller aircraft and travel within the US, Canada, Mexico, and the Caribbean. 
  • Basic certificates, for businesses with up to five pilots and five aircraft. This certificate also limits aircraft size, travel areas, and instrument approaches.
  • Standard certificates, with no limitations.

The single-pilot, single PIC, and basic Part 135 certificates may require less documentation, fewer training programs, and fewer personnel to operate within the US. However, other nations may not permit an aviation business to operate without meeting their own requirements for training and manuals. 

A Part 135 operation must report any change in the classification or scope of its business, as it may need to amend its certificate through a new process. 

Qualifications

To qualify for a Part 135 certificate, an aviation business must have, among other things:

  • An established physical base of operation 
  • Ownership by a US citizen, a partnership of citizens, or a US corporation under the “actual control” of citizens as defined by law (see 14 CFR § 119.33)
  • The exclusive use of at least one aircraft suitable for their operation, whether leased or owned
  • Appropriate insurance coverage
  • For interstate operations, Commuter Air Carrier Authorization from the DOT—a separate application process
  • Management personnel qualified under FAA regulations (see 14 CFR § 119.71)
  • Numerous company manuals and programs on training and maintenance mandated by law

Creating the company’s required programs, manuals, and lists is part of the certificate pre-application process.

The Certification Process

There may be a lengthy waiting period before an applicant can begin. Currently, the FAA uses a “phase and gate system” for its Part 135 applications. To complete a phase of the process and open the gate to the next one, the applicant must complete all required items. 

Phase 1: Pre-application

Once an applicant submits a Pre-application Statement of Intent, the FSDO begins the Certification Service Oversight Process (CSOP). The CSOP is a “process that the FAA uses to determine if it has the necessary resources to conduct an initial certification and the continued operational safety oversight.” (Source) If not, the applicant must join a waitlist, known as the CSOP queue, to begin the certification process.

The applicant will then meet with their assigned Certification Team, including the Certification Project Manager (CPM) who heads the process.

Phase 2: Formal Application

To complete this phase, an applicant must submit numerous documents and specifications, including:

  • A formal application letter, noting any requests for deviation in the certification process
  • A schedule of events, “a list of items, activities, programs, aircraft, and/or facility acquisitions that the applicant must accomplish”
  • A compliance statement listing all FAA regulations applicable to the proposed operation and specific references to plans to comply
  • Company manuals and training programs as required

This phase concludes with a meeting with the Certification Team.

Phase 3: Design Assessment

The Certification Team will review the documents and manuals provided for compliance to verify their accuracy, working with the applicant as necessary. 

Phase 4: Performance Assessment

During this phase, the Certification Team observes and evaluates the applicant’s activities, which can include:

  • Conduct of training programs
  • Operational control
  • Maintenance activities
  • Aircraft proving and validation tests

See FAA guidance at 8900.1 CHG 332 for more. 

Phase 5: Administrative Functions

Once the applicant has made all necessary corrections, the FAA will issue their Part 135 certificate, together with their operational specifications (OpSpecs). 

Untangling the Red Tape

Unfortunately, certification is not just a matter of finishing a checklist. The FAA has kept many applicants waiting in the CSOP queue for months or years. Shifting policies and priorities in the federal government increase the risk of delay and uncertainty. 

Now more than ever, it’s vital to work with an aviation attorney who can review your plans to let you know what you’ll need and what you can expect. Call our Fort Lauderdale team at (954) 400-4643 to get started with a free initial consultation.