14 C.F.R. § 91.501

Applicability

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(a) This subpart prescribes operating rules, in addition to those prescribed in other subparts of this part, governing the operation of large airplanes of U.S. registry, turbojet-powered multiengine civil airplanes of U.S. registry, and fractional ownership program aircraft of U.S. registry that are operating under subpart K of this part in operations not involving common carriage. The operating rules in this subpart do not apply to those aircraft when they are required to be operated under parts 121, 125, 129, 135, and 137 of this chapter. (Section 91.409 prescribes an inspection program for large and for turbine-powered (turbojet and turboprop) multiengine airplanes and turbine-powered rotorcraft of U.S. registry when they are operated under this part or part 129 or 137.)

(b) Operations that may be conducted under the rules in this subpart instead of those in parts 121, 129, 135, and 137 of this chapter when common carriage is not involved, include—

(1) Ferry or training flights;

(2) Aerial work operations such as aerial photography or survey, or pipeline patrol, but not including fire fighting operations;

(3) Flights for the demonstration of an airplane to prospective customers when no charge is made except for those specified in paragraph (d) of this section;

(4) Flights conducted by the operator of an airplane for his personal transportation, or the transportation of his guests when no charge, assessment, or fee is made for the transportation;

(5) Carriage of officials, employees, guests, and property of a company on an airplane operated by that company, or the parent or a subsidiary of the company or a subsidiary of the parent, when the carriage is within the scope of, and incidental to, the business of the company (other than transportation by air) and no charge, assessment or fee is made for the carriage in excess of the cost of owning, operating, and maintaining the airplane, except that no charge of any kind may be made for the carriage of a guest of a company, when the carriage is not within the scope of, and incidental to, the business of that company;

(6) The carriage of company officials, employees, and guests of the company on an airplane operated under a time sharing, interchange, or joint ownership agreement as defined in paragraph (c) of this section;

(7) The carriage of property (other than mail) on an airplane operated by a person in the furtherance of a business or employment (other than transportation by air) when the carriage is within the scope of, and incidental to, that business or employment and no charge, assessment, or fee is made for the carriage other than those specified in paragraph (d) of this section;

(8) The carriage on an airplane of an athletic team, sports group, choral group, or similar group having a common purpose or objective when there is no charge, assessment, or fee of any kind made by any person for that carriage; and

(9) The carriage of persons on an airplane operated by a person in the furtherance of a business other than transportation by air for the purpose of selling them land, goods, or property, including franchises or distributorships, when the carriage is within the scope of, and incidental to, that business and no charge, assessment, or fee is made for that carriage.

(10) Any operation identified in paragraphs (b)(1) through (b)(9) of this section when conducted—

(i) By a fractional ownership program manager, or

(ii) By a fractional owner in a fractional ownership program aircraft operated under subpart K of this part, except that a flight under a joint ownership arrangement under paragraph (b)(6) of this section may not be conducted. For a flight under an interchange agreement under paragraph (b)(6) of this section, the exchange of equal time for the operation must be properly accounted for as part of the total hours associated with the fractional owner's share of ownership.

(1) A time sharing agreement means an arrangement whereby a person leases his airplane with flight crew to another person, and no charge is made for the flights conducted under that arrangement other than those specified in paragraph (d) of this section;

(2) An interchange agreement means an arrangement whereby a person leases his airplane to another person in exchange for equal time, when needed, on the other person's airplane, and no charge, assessment, or fee is made, except that a charge may be made not to exceed the difference between the cost of owning, operating, and maintaining the two airplanes;

(3) A joint ownership agreement means an arrangement whereby one of the registered joint owners of an airplane employs and furnishes the flight crew for that airplane and each of the registered joint owners pays a share of the charge specified in the agreement.

(d) The following may be charged, as expenses of a specific flight, for transportation as authorized by paragraphs (b) (3) and (7) and (c)(1) of this section:

(1) Fuel, oil, lubricants, and other additives.

(2) Travel expenses of the crew, including food, lodging, and ground transportation.

(3) Hangar and tie-down costs away from the aircraft's base of operation.

(4) Insurance obtained for the specific flight.

(5) Landing fees, airport taxes, and similar assessments.

(6) Customs, foreign permit, and similar fees directly related to the flight.

(7) In flight food and beverages.

(8) Passenger ground transportation.

(9) Flight planning and weather contract services.

(10) An additional charge equal to 100 percent of the expenses listed in paragraph (d)(1) of this section.

[Docket 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-280, 68 FR 54560, Sept. 17, 2003]

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1993–2024 · leading case: Roger E. Woolsey v. Nat'l Transp. Saf. Bd. & Fed. Aviation Admin., 993 F.2d 516 (5th Cir. 1993).

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Roger E. Woolsey v. Nat'l Transp. Saf. Bd. & Fed. Aviation Admin., 993 F.2d 516 (5th Cir. 1993). · cites it 2× “501 (subpart F), 14 C.F.R. § 91.501 , which does not apply in conjunction with Part 135.”

John Edward WAGNER, Petitioner, v. Nat'l Transp. Saf. Bd.; Fed. Aviation Admin., Respondents, 86 F.3d 928 (9th Cir. 1996). · cites it 3× “14 C.F.R. § 91.501 . Mr. Wagner was certified to fly the Learjet under Part 91, but not under Part 135.”

McDonnell v. Guilford Cnty. Tradewind Airlines, Inc., 670 S.E.2d 302 (N.C. Ct. App. 2009). “” See 14 C.F.R. § 91.501 (ferry flights are among those flights not covered by part 121).”

Flight Options v. State, Dept. of Revenue, 259 P.3d 234 (Wash. 2011). “14 C.F.R. § 91.501 (b) identifies nine operations for which fractional owners may employ their airplane, most of which prohibit any charge or fee.”

Flight Options, LLC v. Dep't of Revenue, 172 Wash. 2d 487 (Wash. 2011). “14 C.F.R. § 91.501 (b) identifies nine operations for which fractional owners may employ their airplane, most of which prohibit any charge or fee.”

Alberto-Culver Co. v. Aon Corp., 812 N.E.2d 369 (Ill. App. Ct. 2004). “” 13 14 C.F.R. § 91.501 (c)(2) (2000). Since Quern’s flight was conducted under the Interchange Agreement, which is by definition a lease, Aon Aviation necessarily engaged the operation of a “commercial” activity at the time of the accident, placing it squarely within the scope…”

Bonnet v. Whitaker, 118 F.4th 154 (1st Cir. 2024). · cites it 2× “1 , and not be subject to one of the exceptions in 14 C.F.R. § 91.501 (b). The flights at issue here were manifestly operated for hire, and none of the exceptions (limned in Appendix A, infra) apply to them.”

Parsons v. Priester Aviation, LLC (S.D. Tex. 2022). “” 14 C.F.R. § 91.501 (b)(4). FAR 91 does not define “owner” or “operator,” but FAR 1 defines “operate” as: “With respect to aircraft, means use, cause to use or authorize to use aircraft, for the purpose of air navigation including the piloting of aircraft, with or without the…”

Boulder Falcon v. Brown (D. Utah 2024). “321 : Carriage of Candidates in Elections; • 14 C.F.R. § 91.501 : Applicability; • 14 C.”

Woolsey v. Nat'l Transp. Saf. Bd. (5th Cir. 1993). · cites it 2× “501 (subpart F), 14 C.F.R. § 91.501 , which does not apply in conjunction with Part 135.”

TCC Air Servs., Inc. v. Richard M. Schlesinger, 278 F. App'x 923 (11th Cir. 2008). “We believe that the instant situation is probably within the contemplation of 14 C.F.R. § 91.501 (b)(5), which indicates that charges not in excess of the cost of owning, operating and maintaining the airplane may be made when the situation involves carriage of guests of a…”

Equal Emp. Opportunity Comm'n v. Exxon Mobil Corp., 560 F. App'x 282 (5th Cir. 2014). “14 C.F.R. § 91.501 (b). Pilots regulated under Part 91 are not and have never been subject to the Age 60 Rule.”

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