Operational Control
Operational control is the FAA-mandated authority over the go/no-go decision on a flight. Under Part 135, the certificate holder (the operator) must retain operational control — not the broker, not the customer, not the aircraft owner. This is the defining legal line between legal charter and illegal "gray" charter.
Also known as: op control, operational control rule, part 135 operational control
Under 14 CFR § 1.1, "operational control" means the exercise of authority over initiating, conducting, or terminating a flight. The FAA has been increasingly explicit that on Part 135 charter operations, only the Part 135 certificate holder can hold operational control — not the broker who arranged the booking, not the customer who's paying, not the aircraft owner if the aircraft is leased to the operator.
This matters because illegal "gray" charter usually fails the operational-control test. A typical pattern: an aircraft owner leases their Part 91 aircraft to a broker on a per-flight basis; the broker matches it to a customer; the customer pays the broker. From the FAA's perspective, the broker is exercising operational control without a Part 135 certificate — and the trip is illegal.
Reputable marketplaces (SkyAccess included) require the operator listed on the flight to be the operational-control holder for that flight. The booking flow names the operator; the operator's own air carrier certificate — Part 135 in the U.S., or the equivalent authority abroad — is the legal basis for the trip. Brokers may be involved upstream in matching the customer to the operator, but they don't operate the flight.
Frequently asked questions
- Who has operational control on a private jet charter?
- The FAA Part 135 certificate holder — the operator. Not the broker, not the customer, not the aircraft owner. Operational control is the legal authority over the go/no-go decision on the flight, and it cannot legally be delegated.
Related terms
- Part 135 Operator
A Part 135 operator is an FAA-certificated company authorized to fly paying passengers on private (non-scheduled) charter aircraft under 14 CFR Part 135. Every legitimate private jet charter flown in the United States — including every empty leg — is operated under a Part 135 certificate; operators based elsewhere fly under the equivalent authority in their own jurisdiction.
- Part 91 (Private Operations)
Part 91 of the FAA regulations governs non-commercial flight operations — private owners flying their own aircraft, corporate flight departments flying company aircraft, recreational pilots. Aircraft on Part 91 cannot be chartered for hire; doing so anyway is illegal "gray" charter.
- Charter Broker
A charter broker is an intermediary who arranges private jet flights between customers and certificated charter operators — Part 135 operators in the U.S., or the equivalent abroad — without operating any aircraft themselves. Brokers earn a margin on the operator's quote; marketplaces like SkyAccess remove that intermediary by surfacing operator inventory directly.
Sources
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