NBAA Clarifies Part 91 Operational Control Stance

By: Chad Trautvetter

January 8, 2008
Regulations

Responding to a story in last Thursday’s AINalerts about operational control in Part 91 operations, NBAA said some key points need clarification. According to an association spokesman, NBAA vice president of operations, education and economics Mike Nichols “clearly stated that the FAA has indicated it does not intend to pursue the regulation of management companies.

This is vastly different from the impression the story left readers with–that the FAA will not pursue enforcement action against aircraft owners or management companies. NBAA is therefore urging all aircraft owners and aircraft management companies to ensure compliance with all regulations and to ensure “adequate” operational control procedures are in place.

Further, the association is reminding aircraft owners to be fully aware of their responsibilities and liabilities when the aircraft is under a management company arrangement. “The FAA can and may take enforcement action against an aircraft owner if a flight is conducted illegally,” the spokesman said, “and the FAA can and may take action against an aircraft management company that should be operating flights [even aircraft owner flights] under Part 135, but is not.

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