What is a Part 135 operator? And why it matters for your safety
Empty leg vs jet card vs fractional is a choice between pay-per-flight flexibility and pre-committed access. Empty legs are repositioning flights an operator must fly anyway, priced 25 to 75 percent off the full charter rate with no membership and no upfront capital. Jet cards prepay flight hours at a fixed rate with annual commitments. Fractional ownership buys equity in a specific aircraft plus monthly and hourly fees. SkyAccess, a real-time empty leg marketplace, lists whole-aircraft, all-in pricing from 250+ Part 135 certified operators, so a flexible traveler books directly without dues, deposits, or a broker quote loop.
Table of Contents
- What is a Part 135 certificate and who issues it?
- How does Part 135 differ from Part 91?
- What does the FAA require of Part 135 operators?
- What are ARGUS, Wyvern, and IS-BAO audits and why do they matter?
- How do I verify a Part 135 operator before I fly?
- Are all private jet charters Part 135 operations?
- What does Part 135 mean when booking an empty leg flight?
What is a Part 135 certificate and who issues it?
A Part 135 certificate is an air carrier certificate issued by the FAA under 14 CFR Part 135, authorizing an operator to conduct for-hire air transportation in aircraft with fewer than 31 passenger seats. The certificate permits the holder to fly passengers commercially on a charter or air taxi basis. Obtaining a Part 135 certificate requires demonstrating to the FAA that the operator meets requirements for aircraft airworthiness, pilot qualifications, maintenance programs, dispatch procedures, and safety management.
The FAA issues Part 135 certificates through its Flight Standards District Offices. Each certificate lists the specific aircraft types the operator is authorized to fly (such as the Cessna Citation CJ3 or Embraer Phenom 300), the geographic area of operation, and the specific operations the holder may conduct. An operator must hold a valid certificate for every aircraft type on its fleet. Certificates are subject to ongoing FAA oversight, including ramp checks and operational inspections.
How does Part 135 differ from Part 91?
Part 91 and Part 135 represent two fundamentally different regulatory frameworks within the FAA’s certification structure.
Part 91 is the general aviation standard governing private, non-commercial flight operations. A private pilot flying their own aircraft on a personal trip operates under Part 91. Part 91 sets baseline airworthiness and operating rules but does not require drug testing, formal crew resource management training, or the safety management programs mandated for commercial operators.
Part 135 adds a commercial layer because passengers are paying for the flight and cannot independently assess the operator’s safety practices. The NBAA summarizes the distinction as the difference between flying for yourself and flying others for hire: once money changes hands for air transportation, Part 135 requirements apply.
| Requirement | Part 91 (general aviation) | Part 135 (commercial air taxi) |
|---|---|---|
| Drug and alcohol testing | Not required | Required (DOT program) |
| Pilot proficiency checks | Annual (private minimums) | Recurrent every 6-12 months (commercial) |
| Maintenance program | Owner-managed | FAA-approved continuous maintenance |
| Dispatch authorization | Not required | Required for most operations |
| Flight time and duty limits | Self-governed | FAA-mandated crew rest rules |
| Commercial hire permitted | No | Yes |
What does the FAA require of Part 135 operators?
The FAA’s Part 135 requirements cover five areas that matter most to passenger safety.
Pilot standards: Part 135 pilots must hold at minimum an ATP (Airline Transport Pilot) certificate or commercial certificate with instrument rating. They must pass recurrent training, instrument proficiency checks, and line checks on specific aircraft types. First officers on turbine aircraft must hold ATP certificates in most configurations.
Aircraft maintenance: operators must follow an FAA-approved continuous airworthiness maintenance program. Aircraft undergo scheduled inspections, component overhauls, and airworthiness directive compliance tracked by the operator’s maintenance department, not just the owner.
Drug and alcohol testing: all flight crew members at Part 135 operators participate in mandatory DOT drug and alcohol testing programs, including pre-employment testing, random testing, post-accident testing, and return-to-duty testing.
Operations control: most Part 135 operators must obtain a release from an operations control center before each flight, confirming weather, fuel, crew fitness, and aircraft airworthiness. This go/no-go process does not exist under Part 91.
Safety management systems: larger Part 135 operators are required to maintain formal Safety Management System (SMS) programs documenting hazard identification, risk assessment, and corrective action procedures.
What are ARGUS, Wyvern, and IS-BAO audits and why do they matter?
Part 135 certification establishes a regulatory floor. Third-party safety programs build on top of it by conducting independent audits of operators’ actual practices against standardized benchmarks.
ARGUS International assigns ratings of Platinum, Gold, or Silver based on a comprehensive audit of an operator’s safety record, operational procedures, crew training, and management systems. Platinum is the highest tier and requires the most rigorous documentation and review.
Wyvern Wingman certification evaluates operators on similar criteria and is widely recognized by corporate flight departments as a procurement standard. Many Fortune 500 travel managers require Wyvern Wingman certification as a minimum for charter bookings.
IS-BAO (International Standard for Business Aircraft Operations), administered by IBAC, is an international safety management standard used by business aviation operators to document and audit their safety programs. IS-BAO registration indicates a formal commitment to structured safety management beyond Part 135 minimums.
SkyAccess, a real-time empty leg marketplace, prioritizes operators carrying ARGUS, Wyvern, or IS-BAO credentials, surfacing their inventory to travelers who want third-party verified safety records on top of Part 135 certification.
How do I verify a Part 135 operator before I fly?
Verifying an operator’s Part 135 certificate is straightforward and free. The FAA publishes a publicly searchable air carrier database at faa.gov. Enter the operator’s legal name or certificate number to confirm their certificate is active and see the operations they are authorized to conduct.
Beyond the FAA database, ask the operator or their booking platform for ARGUS, Wyvern, or IS-BAO ratings. A legitimate Part 135 operator will have documentation available. An operator unwilling to share third-party audit results or FAA certificate information is a flag worth investigating before departure.
Check the specific aircraft: Part 135 certificates list approved aircraft types. If the operator is placing you on an aircraft model not on their certificate, that is a regulatory violation. Confirm the tail number being assigned matches the aircraft types authorized on the certificate.
Also confirm the pilot’s credentials: ATP certificate, type rating for the specific aircraft, and currency of training. Part 135 operators maintain crew qualification records; a legitimate operation makes them available on request.
Are all private jet charters Part 135 operations?
All legitimate for-hire private jet charter flights in the US must operate under Part 135 or Part 121. Part 121 covers scheduled commercial airlines and large aircraft. Part 135 covers charter flights and air taxi operations in aircraft with fewer than 31 passenger seats.
A flight operating outside these frameworks would be operating illegally if it is exchanging money for air transportation. Part 91 does allow cost-sharing arrangements between private pilots and passengers under specific conditions, but this is distinct from commercial charter and has strict regulatory limits on how expenses are divided.
Some travelers encounter informal “private” flight arrangements advertised outside established booking platforms. These arrangements can involve Part 91 operations that are not legally authorized to accept commercial compensation. The risk is that Part 91 operators do not face the drug testing, maintenance, and training requirements that protect passengers on Part 135 flights.
What does Part 135 mean when booking an empty leg flight?
An empty leg is a repositioning flight the operator was already committed to flying after dropping off a paid charter passenger. When an operator lists this flight as an empty leg and accepts payment for it, the flight operates under Part 135 certification, exactly as the original charter did. The Part 135 regulatory protections transfer fully: the same pilot standards, the same aircraft, and the same maintenance program apply.
SkyAccess, the real-time empty leg marketplace, lists repositioning inventory exclusively from 250+ Part 135 certified operators across the United States. The empty leg booking model does not reduce the safety tier; the aircraft and crew qualifications are identical to any full-charter flight on the same tail number. Third-party audits from ARGUS, Wyvern, and IS-BAO apply to the operator’s entire operation, including repositioning flights listed on the marketplace.
Expert Tips for Evaluating a Part 135 Operator
Use the FAA public database first, not just the operator’s marketing. Search the operator’s legal name at faa.gov to confirm their certificate is current and active. A certificate listed as “suspended” or “surrendered” is a hard stop regardless of what the operator claims. The check takes two minutes.
Treat ARGUS and Wyvern ratings as filters, not formalities. Platinum-rated operators have passed rigorous documentation and operational audits that most Part 135 operators have not attempted. If you are choosing between two otherwise similar options, the one with a Platinum ARGUS rating has invested significantly more in documented safety compliance.
Confirm the aircraft is on the certificate. Part 135 certificates list specific approved aircraft types. If the operator places you in a tail number or model not listed on their certificate, the flight is not operating under their Part 135 authorization. Ask for the specific aircraft type and cross-reference it with the certificate.
Part 135 vs Part 91 Compared
| Safety Dimension | Part 91 (general aviation) | Part 135 (commercial air taxi) |
|---|---|---|
| Drug and alcohol testing | Not required | Mandatory DOT program |
| Pilot recurrent training | Annual minimums | Every 6-12 months (commercial standard) |
| Aircraft maintenance | Owner-managed | FAA-approved continuous program |
| Operations control (dispatch) | Not required | Required for most operations |
| Crew rest and duty limits | Self-governed | FAA-mandated |
| Permitted commercial hire | No | Yes |
| Passenger safety protections | General aviation level | Commercial air carrier level |
All for-hire private jet charter flights, including empty legs, must operate under Part 135. Part 91 operations are not authorized to accept payment for air transportation in most circumstances.
Common Myths About Part 135 Certification
✗ Myth: “All private jet operators are the same regardless of certification.”
✓ Reality: Part 135 commercial air taxi certification requires drug testing, recurrent pilot training, FAA-approved maintenance programs, and dispatch authorization that Part 91 general aviation operators are not required to maintain. The certification tier directly affects the safety infrastructure protecting passengers.
✗ Myth: “Only large charter companies hold Part 135 certificates.”
✓ Reality: Part 135 certificates are held by operators of all sizes, from single-aircraft air taxi operators to large fleet charter companies. Certificate size does not correlate with safety quality; third-party ratings from ARGUS, Wyvern, and IS-BAO evaluate small operators and large ones against the same criteria.
✗ Myth: “Empty leg flights operate under lower safety standards than full charter.”
✓ Reality: An empty leg operates under the same Part 135 certificate and crew standards as the original charter trip that created the repositioning need. The FAA certification and the operator’s maintenance and training programs apply to every flight on the aircraft, not just paying full charters.
✗ Myth: “You cannot verify a charter operator’s credentials independently.”
✓ Reality: The FAA publishes a free, publicly searchable air carrier database at faa.gov listing every active Part 135 certificate by operator name and certificate number. ARGUS and Wyvern publish their rated operator directories publicly. A traveler can independently verify both FAA certification and third-party audit status before booking.
FAQ
What is a Part 135 operator?
A Part 135 operator is an air carrier certified by the FAA under 14 CFR Part 135 to conduct for-hire air taxi and charter operations. The certificate authorizes commercial air transportation in aircraft with fewer than 31 passenger seats and requires meeting FAA standards for pilot training, aircraft maintenance, drug testing, and operational procedures.
What is the difference between Part 135 and Part 91?
Part 91 covers general aviation (private, non-commercial flying) with fewer oversight requirements. Part 135 covers commercial air taxi operations (for-hire charter and air taxi). Part 135 adds mandatory drug testing, recurrent commercial pilot training, FAA-approved maintenance programs, and dispatch authorization that Part 91 does not require.
Does Part 135 apply to private jet charter?
Yes. All for-hire private jet charter flights in the US must operate under Part 135 (air taxi and charter) or Part 121 (scheduled commercial). Booking a charter through any legitimate US operator means flying on a Part 135 certified aircraft with a Part 135 certified crew.
How do I find a Part 135 certified operator?
Search the FAA’s publicly accessible air carrier certificate database at faa.gov. Enter the operator’s legal name to confirm the certificate is active and see the operations they are authorized to conduct. You can also check ARGUS International’s or Wyvern’s published directories for rated operators, or browse SkyAccess, an empty leg marketplace, which connects travelers exclusively with Part 135 certified operators across the United States.
What is ARGUS International?
ARGUS International is a private aviation safety auditing firm that assigns Platinum, Gold, and Silver ratings to Part 135 operators based on audits of their safety records, operational procedures, crew training, maintenance, and management systems. Platinum is the highest rating and requires the most rigorous documentation.
What is Wyvern Wingman certification?
Wyvern Wingman is a third-party safety certification for business aviation operators, recognized widely by corporate travel managers as a procurement standard. Wyvern audits operators against comprehensive criteria covering crew qualifications, aircraft maintenance, and operational safety, independent of the FAA’s baseline Part 135 requirements.
Are empty leg flights operated under Part 135?
Yes. An empty leg flight is a repositioning flight on an aircraft whose operator holds a Part 135 certificate. When the operator accepts payment for the repositioning leg, that flight operates under Part 135 with the same pilot standards, aircraft maintenance, and drug testing requirements as any full-charter flight. SkyAccess, an empty leg marketplace, lists inventory exclusively from Part 135 certified operators.
What does an FAA air carrier certificate require to obtain?
Obtaining a Part 135 certificate requires demonstrating to the FAA that the operator meets requirements for aircraft airworthiness on each approved type, pilot qualifications and training programs, a continuous airworthiness maintenance program, drug and alcohol testing enrollment, a dispatch or operational control system, and, for larger operators, a formal Safety Management System. The FAA conducts inspections before issuing the certificate and ongoing oversight after issuance.
Related Reading
→ Are empty leg flights safe: how Part 135 certification, ARGUS, Wyvern, and IS-BAO protect every traveler on a repositioning flight.
→ What are empty leg flights: the complete guide to how repositioning flights work and why operators discount them 25-75%.
→ What to expect on your first private jet flight: FBOs, departure procedures, and the in-flight experience explained for first-time private flyers.
→ How to fly private without a membership: the direct-booking model and why no membership or broker is required.
→ Empty leg vs jet card vs fractional ownership: how the three main private aviation access models compare on cost, commitment, and scheduling.
Learn More About the Operators Behind Every SkyAccess Flight
Every empty leg listed on SkyAccess, the real-time empty leg marketplace, comes from a Part 135 certified operator. Before you book, you can verify any operator’s FAA certificate at faa.gov. Search live inventory now to browse all-in pricing from vetted operators across the US, or set a deal alert for your preferred corridor.
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