FAA Part 135 certification requirements are essential for charter businesses preparing to advertise or conduct compensated passenger operations. A Part 135 certificate is not simply a registration for an aircraft. It reflects the FAA’s evaluation of the proposed operation, its management personnel, aircraft, manuals, training, maintenance, records, and compliance controls. The operator must be prepared to conduct the approved operation safely and to continue complying with applicable requirements after certification.
Schedule a consultation with Aero Law Center or call (954) 869-8950 to discuss a Part 135 certification, operating authority, or compliance matter.
For a charter business, certification planning should begin with the actual business model. Management should identify the customers and services it expects to provide, the aircraft and crew structure, the intended base, the maintenance arrangement, and the operational control model. It should also identify separate workstreams involving economic authority, insurance, drug and alcohol testing, security, manuals, training, and records. Each workstream must fit the same proposed operation.
This article provides a business-focused overview of the principal issues. It is not a substitute for reviewing the current regulations, FAA guidance, proposed Operations Specifications, or the facts of a specific certificate holder. The controlling requirements may depend on the operation’s scope, aircraft, equipment, personnel, and approved procedures. The FAA Part 135 certification guidance and the current Part 135 regulations in the Electronic Code of Federal Regulations should be reviewed with qualified aviation counsel and operational advisers.
How FAA Part 135 Certification Requirements Apply to a Charter Operator
An FAA air carrier or operating certificate issued under Part 119, together with the applicable Operations Specifications (OpSpecs), authorizes the holder to conduct the approved Part 135 operations. This article uses “Part 135 certificate” as shorthand for that authority. The certificate identifies the regulated operator, while the OpSpecs state important authorizations, limitations, procedures, aircraft information, and operating parameters applicable to the approved operation.
The authority is therefore not a blanket permission to conduct every flight a company may want to sell. An operator must stay within its approved scope and comply with its manuals, aircraft requirements, crew qualifications, maintenance program, equipment limitations, and other applicable controls. A business that adds aircraft, expands a service, changes an operational-control arrangement, or begins a new type of operation should determine whether its existing approvals address the change before marketing or conducting it.
Part 91 and Part 135 are not interchangeable labels. A private operation may be conducted under Part 91, while a charter operation that carries passengers or property for compensation or hire may require Part 135 authority. The correct classification depends on the actual facts, including how the aircraft is operated, who controls the operation, and how the service is offered. Aero Law Center’s Part 91 and Part 135 operations overview provides a focused comparison.
FAA safety authority is separate from DOT economic authority. Depending on the service, a charter business may need an air taxi registration under Part 298 or other DOT authorization, such as commuter air carrier authority, as well as applicable Part 205 insurance filings. Neither approval substitutes for the other; verify the required authority before offering or conducting the service.
How FAA Part 135 Certification Requirements Shape a Charter Operator’s Application
The FAA describes Part 135 certification as a structured process with five phases. The applicant must show that its proposed operation, personnel, aircraft, systems, and records can support compliance with applicable requirements. The FAA’s current guidance identifies several general certification topics. They Depending on the operation, these topics include company ownership, the principal base of operation, aircraft, maintenance, economic authority, insurance, management personnel, manuals, training, drug and alcohol programs, security programs, a Minimum Equipment List, a Safety Management System (SMS), proving and validation testing, and related records.
- Pre-application. The prospective certificate holder defines its intended operation and begins coordinating with the FAA. Management should establish the proposed scope, principal base, aircraft, leadership structure, maintenance arrangements, and major workstreams. The business should also identify dependencies among economic authority, insurance, manuals, training, security, SMS, drug and alcohol programs, and operational readiness.
- Formal application. The applicant submits the formal application and supporting materials required for the proposed operation. Depending on scope, the package may include a schedule of events, compliance statements, manuals, training curricula, management qualification materials, aircraft or lease documents, and proposed OpSpecs. The documents should describe one coherent operation rather than separate assumptions developed by different departments.
- Design assessment. The FAA reviews whether the proposed systems and procedures are designed to comply with applicable requirements. Management should be ready to explain who owns each control, how the manuals direct daily work, how records will be maintained, and how the operator will identify and correct compliance gaps.
- Performance assessment. The FAA evaluates whether the proposed procedures and programs function in practice. Training, testing, demonstrations, records, aircraft, and operational-control processes should work together within the proposed scope. A manual that is accurate on paper but not usable in the operation will not solve the underlying readiness problem.
- Administrative functions. The FAA completes administrative actions and issues the certificate and OpSpecs if it determines that the prospective certificate holder can meet its responsibilities. Reaching this phase is not an automatic approval. The operator must be prepared for continuing compliance after certification.
The FAA certification process guidance provides the controlling frameworkdescribes the review framework; applicable statute sand regulations govern. The preparation needed for a particular applicant depends on the proposed operation and its scope. Early legal and operational review can identify inconsistencies before they become gate-level issues, without promising a particular certification result.
Part 5 now applies to Part 135 operators. Operators authorized before May 28, 2024 must implement a compliant SMS and submit a declaration of compliance to the FAA by May 28, 2027. Applicants with applications pending on May 28, 2024, or submitted on or after that date, must develop and implement an SMS as part of certification. The 2027 transition deadline is not a blanket extension for those applicants. The SMS must then be maintained throughout the authorization. Management should integrate SMS responsibilities, risk assessments, safety assurance, and records into its certification and growth planning.
How Do OpSpecs Define the Operations a Charter Operator May Conduct?
A Part 135 certificate does not give an operator unlimited authority to conduct every type of charter flight. OpSpecs describe the authority and operating parameters the FAA has approved for that certificate holder. They connect the operator’s certificate to its aircraft, procedures, equipment, management systems, and proposed scope of operation.
The approved scope can affect the aircraft an operator may use, the operations it may conduct, and the conditions under which those operations occur. During certification, the applicant develops proposed OpSpecs. The FAA issues the certificate and OpSpecs after evaluating whether the operator can meet its responsibilities in an appropriate and continuing manner.
For management teams, a business change can also be a regulatory change. Adding an aircraft, changing fleet capabilities, expanding routes, or modifying how an operation is conducted may place the proposed activity outside current approvals. A new aircraft may require review of equipment, maintenance arrangements, manuals, training, or crew qualification systems. A route or operational change may raise separate questions about authorization, procedures, aircraft capability, or applicable limitations.
Operators should connect growth planning to OpSpecs management. Before advertising a new service or assigning a flight under a changed operating model, the certificate holder should compare the proposal with current OpSpecs, manuals, aircraft records, and compliance systems. If the change is not covered, the operator may need to coordinate an amendment with the FAA rather than assume that the existing certificate resolves the issue. Aero Law Center’s FAA regulatory compliance and operator classification guide addresses the broader classification question.
An MEL is not a universal requirement for certification. Any operation with inoperative instruments or equipment must comply with section 135.179, including its approved-MEL and OpSpecs requirements where applicable. Determine the relevant approval requirements before relying on deferred equipment for a flight.
What Must Operators Build for Crew Training and Qualification?
A credible Part 135 training system is more than a calendar of recurrent courses. It connects the applicable training requirements and any FAA-approved curriculum to the manuals, aircraft, routes, equipment, and duties assigned to each position. The FAA identifies training programs, drug and alcohol program requirements, proving and validation testing, and Pilot Records Database (PRD) requirementsamong the general certification topics for Part 135 applicants. Applicable Part 135 requirements and the Part 111 PRD rules should be checked directly.
Build the curriculum around the operation
Management should identify what each role must know and demonstrate. The curriculum may need to address initial, transition, upgrade, differences, recurrent, and remedial other required training as applicable to the operation. It should align with the company’s manuals and procedures rather than exist as a separate document that crews rarely use. It should also address aircraft systems, normal and abnormal operations, emergency procedures, operational-control responsibilities, special equipment, and the mission profile adopted by the operator.
Under section 135.341, an operator using only one pilot is excepted from the approved pilot training-program requirement; this does not remove applicable qualification, testing or checking obligations. Other training-program deviations require FAA approval.
Make qualification records usable and auditable
Qualification records should allow management to answer basic questions quickly. What training was assigned? Which curriculum version applied? When was the training completed? Who evaluated the crewmember? What limitations or follow-up actions remain? Records should be consistent across aircraft and bases, protected from casual alteration, and connected to scheduling controls so an unqualified person is not assigned a duty requiring a current qualification. The operator must also meet applicable Part 111 PRD reporting requirements and review required records before allowing an individual to begin service as a pilot; internal qualification files alone are not enough.
Validate the system before relying on it
Proving runs and validation testing should function as operational tests of the complete system. The operator should demonstrate that personnel, procedures, aircraft, manuals, and records work together within the proposed scopeand validation tests under Part 135.145 depend on the aircraft and authorizations requested. When required, they assess whether the operator can conduct the proposed operation safely and comply with applicable requirements. When the fleet, routes, equipment, or procedures change, management should assess whether the curriculum and qualification tracking require revision. Consistent documentation gives the FAA a clearer basis for evaluating readiness and gives the operator a defensible record of continuing compliance.
How Do Part 135 Operators Maintain Compliance After Certification?
Certification is not the end of the compliance effort. A Part 135 operator must keep its actual operation aligned with its certificate, OpSpecs, manuals, aircraft, personnel, and required programs as the business changes. The FAA identifies maintenance, manuals, training, drug and alcohol programs, TSA security, the Minimum Equipment List, economic authority, insurance, management personnel, and aircraft as interconnected certification areasContinuing review should cover the applicable requirements for maintenance, manuals, training, drug and alcohol programs, TSA security, any approved MEL, economic authority, insurance, management personnel, aircraft and SMS.
A practical control system assigns ownership for each area, preserves supporting records, and establishes a review trigger before a change is implemented. Triggers can include a fleet or route change, a revised manual, a new management assignment, an audit request, or an operational modification. The FAA’s certification materials emphasize the operator’s ability to comply with applicable requirements in an appropriate and continuing manner, not merely its condition on the certification date.
| Compliance area | Practical control | Review trigger |
|---|---|---|
| Maintenance and aircraft | Track inspection status, approved aircraft configuration, and maintenance records against the operator’s procedures. | Aircraft acquisition, lease, configuration, or maintenance-program change. |
| Manuals and MEL | Maintain controlled versions and confirm that dispatch and operating practices match approved procedures. | Regulatory, fleet, equipment, or operational change. |
| Training and management | Keep curricula, qualification records, and management responsibility records current and reviewable. | Personnel change, training-program revision, or records audit. |
| Drug and alcohol and TSA security | Assign accountable program administrators and preserve evidence of required implementation. | Program change, personnel change, or agency inquiry. |
| Economic authority, insurance, and OpSpecs | Coordinate business, coverage, and operating-authority records before expanding the operation. | Route, fleet, ownership, insurance, or scope-of-operation change. |
Operators should schedule internal compliance audits and manual reviews rather than wait for an FAA inspection or records request. When a proposed change may affect authority or approved procedures, legal review can help identify whether an OpSpecs amendment, revised manual, or FAA coordination is needed. AeroShield is an ongoing aviation legal and compliance membership for operators seeking continuing support. For a specific issue, FAA compliance and enforcement counsel can help an operator assess its records, procedures, and response strategy.
What Happens When a Part 135 Operator Faces FAA Enforcement?
An FAA Letter of Investigation, ramp-check observation, or records audit should prompt an organized management response rather than an improvised defense. An inquiry or observation is not itself a finding of a violation. The first step is to identify precisely what the FAA has raised, which operation, aircraft, records, personnel, or manual provisions are within scope, and what response deadline applies. A certificate holder should preserve potentially relevant records and avoid altering, deleting, or backdating materials after learning of an inquiryprevent destruction, backdating, or improper alteration of those records. Any legitimate correction should preserve the original entry and an auditable history.
Preservation may extend beyond the document specifically requested. Depending on the issue, relevant material may include dispatch and flight records, maintenance documentation, training and qualification records, drug and alcohol program records, manuals, correspondence, electronic communications, and prior corrective-action documentation. Management should establish a controlled point of contact so responses are consistent and factual. Employees should not be discouraged from cooperating with lawful FAA oversight, but the company should coordinate how records and explanations are collected and presented.
Separate facts from conclusions
An initial response should distinguish verified facts from assumptions, disputed points, and information that still requires investigation. Before submitting a substantive explanation, the operator may need to compare the allegation with its manuals, OpSpecs, approved programs, and applicable FAA requirements. That review can reveal whether the issue is isolated, systemic, tied to a records-control weakness, or related to an operational change that required additional approval.
Corrective action may be appropriate, but it should be evaluated carefullyAddress immediate safety issues promptly while evaluating corrective action. A rushed promise can create new compliance problems or misstate what occurred. Counsel can help the operator assess the scope of the inquiry, preserve privilege where available, coordinate a factual response, and evaluate possible corrective measures without promising a particular FAA result. Depending on the circumstances, enforcement exposure may include civil penalties or action affecting the certificate, operating authority, or business.
The FAA may use a non-enforcement Compliance Action for eligible deviations when the operator is willing and able to correct the underlying problem; that option is not available in every case. If an enforcement order is issued, promptly identify the applicable response or appeal deadline. Emergency certificate actions can involved accelerated procedures and immediate operational consequences.
Part 135 operators seeking help with an inquiry, audit, or potential certificate action can speak with FAA compliance and enforcement counsel. Early legal review does not replace cooperation with the FAA, but it can help management respond deliberately while protecting the integrity of the operator’s records and compliance program.
Speak with an aviation attorney at Aero Law Center or call (954) 869-8950 before responding for guidance on a Part 135 certification, OpSpecs, audit, or enforcement issue.
Frequently Asked Questions About Part 135 Certification
What are the requirements for FAA Part 135 certification?
The FAA evaluates whether an applicant can conduct the proposed operation safely and comply with applicable requirements on an ongoing basis. The review may involve ownership, principal base, aircraft, maintenance, economic authority, insurance, management personnel, manuals, training, drug and alcohol programs, applicable security programs, SMS, an approved MEL if needed, proving or validation testing, and related records. The specific requirements depend on the proposed operation and scope.
What are the five stages of FAA Part 135 certification?
The FAA describes five phases: pre-application, formal application, design assessment, performance assessment, and administrative functions. The applicant must complete the work required for its proposed operation and satisfy the FAA’s readiness and compliance assessments before the certificate and OpSpecs are issued.
What are OpSpecs, and why do they matter to a charter operator?
OpSpecs are FAA-approved issued operationsg specifications that describe important authorizations, limitations, procedures, aircraft information, and operating parameters for a certificate holder. They matter because a Part 135 certificate does not authorize every possible charter activity. The operator must conduct operations within the scope of its certificate and OpSpecs.
When should a Part 135 operator contact aviation counsel?
An operator may benefit from legal review before applying for certification, changing its operational model, adding aircraft, expanding services, revising manuals, responding to an audit, or addressing a Letter of Investigation or potential certificate action. Counsel can evaluate the issue against the operator’s documents and facts, but no article can predict a particular FAA result.
This article is provided by Aero Law Center for general informational and educational purposes only and does not constitute legal advice. The information provided may not reflect the most current legal or regulatory developments and should not be relied upon as a substitute for advice from a qualified attorney regarding your specific circumstances. Laws, regulations, FAA guidance, policies, and their application may vary depending on the facts and may change over time. Reading this article, visiting this website, submitting information to Aero Law Center, or communicating with Aero Law Center, its attorneys, employees, or staff does not by itself create an attorney-client relationship. An attorney-client relationship is established only through a written engagement agreement accepted by Aero Law Center. Before relying on the firm to represent you, obtain confirmation that the firm has agreed to the representation and its scope. Do not send confidential or sensitive information unless and until an attorney-client relationship has been established and you have been instructed to do so. Any results, outcomes, examples, or matters discussed are not a guarantee of similar results in any future matter.
