Clarification of operational control

This regulation defines when an aircraft owner has "operational control" in a fractional ownership program. An owner is in operational control when they've exercised their program rights, directed the aircraft to carry their designated passengers or property, and the aircraft is actually carrying them.

Conversely, an owner is not in operational control when:

• The aircraft is flying for administrative purposes (demonstrations, repositioning, maintenance, or crew training) without their passengers or property aboard
• The flight operates under Part 121 (airline) or Part 135 (commercial charter) rules

This distinction matters because operational control determines who bears responsibility for the flight and which regulations apply. When you're in operational control under this program, you operate under Part 91 rules. When you're not—such as during empty positioning flights—the program operator maintains control, which affects liability, insurance, and regulatory compliance responsibilities.

*This is a plain-English summary for study only. The official 14 CFR text on this page is controlling — always read the current regulation and consult a CFI.*