Aviation Business Journal 1st Quarter 2013 - 22

Doing Business
in a Part 135
Environment
By Lindsey C. McFarren

I

have received the most unusual
requests for consulting services
lately: assistance in obtaining
Part 135 certification. The
Federal Aviation Administration
(FAA) has had a virtual moratorium
on new Part 135 certificates for
the past few years. You could have
knocked me over with a feather when
I received a call about six months
ago from a Part 91 corporate flight
department asking for assistance in
obtaining their Part 135 certificate.
Since then, I have added one other
Part 91 aircraft operator seeking Part
135 certification to my roster of clients
and am in discussions with another.
To my surprise, this does not seem to
be a phenomon specific to a particular
Flight Services District Office (FSDO)
or region. I’m working with or have
heard of new Part 135 certification
projects in all four corners of the
United States.
It is not unheard of for a Part 91
aircraft operator to seek their own
Part 135 certificate but it creates
an unpleasant situation for the
management company, which can
kiss that revenue goodbye. In the case
of a “difficult” client, it might be a
welcome departure; but, in all cases,
losing a client presents a revenue gap

22	

that the management company has to
fill somehow.
Certainly there is a relevant
business case to be made for some
Part 91 operators to obtain their own
certificate, but I have found that many
of the principals at these companies
are not aware of the complex process
required to obtain certification or the
implications of maintaining their own
certificate. Often the operator has no
interest in “selling charter.” Although
there are some tax implications
to holding a Part 135 certificate,
obtaining certification is not really an
adventure that should be embarked
upon for sport.
Are you a Part 91 aircraft operator
considering Part 135 certification?
Are you a management company with
a client considering certification?
If so, have you considered the real
implications of operating as a Part
135 air carrier? Read on for more
information about doing business in a
Part 135 environment.

FAA Oversight
The FAA is the primary agency
for overseeing safety in air
transportation. The Department of
Transportation (DOT) is the primary
agency for overseeing air commerce.

Federal Aviation Regulations
define the minimum requirements
all individuals must follow. In the
hierarchy of “rules” in aviation, the
Federal Aviation Regulations are at
the top. The regulations establish the
basic rules for operating an aircraft in
the U.S. Part 135 is the most critical
section of the regulations for ondemand air carrier operations.
These regulations require Part
135 Certificate Holders to maintain a
Flight Operations Manual and often a
General Maintenance Manual. These
manuals explain in detail how an air
carrier intends to meet the minimum
requirements set by the regulations.
Part 135 operators are also required
to have an approved training manual,
appropriate hazardous materials
manuals, and possibly other manuals
depending on the complexity of the
operation. Manuals are the second
layer of hierarchy as far as “rules” go.
Manual development is one of
the most time-consuming tasks in
the certification process. There are
vendors who provide “off the shelf”
GOMS (Goals, Operators, Methods,
and Selection rules). The FAA has
resources available to those seeking
certification assistance. But in reality,
expect to spend a fair amount of time
Aviation Business Journal  |  1st Quarter 2013
Aviation Business Journal 1st Quarter 2013

Table of Contents for the Digital Edition of Aviation Business Journal 1st Quarter 2013
