Direct Answer — Hazmat “Will Not Carry” Records
A Part 135 “will not carry” posture means the operator elects not to accept dangerous goods as cargo — documented in its Operations Specifications (commonly the A055 series). It does not remove hazmat duties. Under 49 CFR §172.704 the operator must still train hazmat employees in general awareness, function-specific, safety, and security-awareness training (plus in-depth security training if a security plan applies), with recurrent training at least once every three years. Under §172.704(d) a training record must be kept for as long as the employee is employed as a hazmat employee plus 90 days, and must contain the employee’s name, the most recent training date, the training materials, the trainer’s name and address, and a certification of training and testing. The operator must also follow §175.30 acceptance and immediate pre-loading inspection rules and understand the §175.10 passenger and crew exceptions. The records that prove all of this — not just the activity itself — are what a surveillance inspector reviews.
“Will not carry” is not “will not deal with”
The single most common misconception is that electing a will-not-carry cargo posture eliminates the training and recordkeeping burden. It does not. Every Part 135 flight still carries dangerous goods in the form of passenger and crew items under 49 CFR §175.10 (lithium batteries, aerosols, lighters, ammunition in checked baggage), and staff must be trained under §172.704 to recognize and reject undeclared cargo dangerous goods. The recordkeeping obligation is identical whether you carry or refuse.
What a “Will Not Carry” Program Actually Is
The Federal Hazardous Materials Transportation Law (49 U.S.C. Chapter 51) and its implementing regulations in 49 CFR Parts 171–180 govern the transport of hazardous materials — including by aircraft, where the air-mode rules live in 49 CFR Part 175. An air carrier indicates whether it is authorized and trained to carry hazardous materials as cargo through its FAA Operations Specifications. For most Part 135 on-demand and commuter operators, this election is reflected in the A055 series of OpSpecs, which states either that the certificate holder will carry hazardous materials (and is trained and authorized to do so) or that the certificate holder will not carry hazardous materials.
A great many small charter operators choose “will not carry.” Carrying dangerous goods as cargo triggers a far heavier compliance load — a fuller training program, acceptance procedures, shipping-paper handling, loading and segregation requirements, and potentially a security plan under 49 CFR Part 172 Subpart I. Declining the cargo authorization removes that heavier load. What it does not remove is the baseline duty to train staff to recognize hazmat, the acceptance-screening and rejection obligations for anything coming aboard, and the passenger/crew exception rules — and the records that prove all of it.
What survives a will-not-carry election (and must be documented)
Hazmat recognition / general-awareness training
Staff who could receive or load cargo must be trained to recognize a dangerous good and refuse it. This is a §172.704(a)(1) general-awareness obligation that does not disappear when you decline a carry authorization.
Acceptance and rejection procedures
Under §175.30, anything offered for transport must be screened. A will-not-carry operator needs a documented rejection workflow — recognize, refuse, record — for undeclared or mis-declared hazmat.
Passenger and crew exception screening
The §175.10 exceptions (lithium batteries, aerosols, lighters, ammunition in checked baggage) apply on every flight. Crew must know the limits, which means training on them.
The will-not-carry OpSpec itself
The A055 OpSpec page that records the election is a compliance document. It must be current, signed, and producible — it is the legal basis for the operator carrying no cargo hazmat.
A note on the OpSpec citation: the “A055” designation comes from FAA Operations Specifications and guidance (FAA Order 8900.1), not from the Code of Federal Regulations. The CFR establishes the substantive hazmat duties; the OpSpec is the operator-specific document that records the carry / will-not-carry election. Confirm your exact OpSpec paragraph and its current language with your FAA Principal Operations Inspector — paragraph numbering and content can vary by certificate and can change over time.
For the broader picture of what every Part 135 certificate holder must retain, see what records a Part 135 operator must keep, and for how an inspector approaches a file review, how to prepare for a Part 135 FAA surveillance audit. The hazmat training program is one accountability of the operator’s required management personnel.
The §172.704 Training Requirements — Exactly What and How Often
Hazmat training is governed by 49 CFR Part 172, Subpart H. Under §172.702, a hazmat employer must ensure each of its hazmat employees is trained in accordance with the subpart, and a hazmat employee who performs a function subject to the subchapter may not perform that function unless instructed in the requirements that apply to it. The training itself is broken into the types defined in §172.704(a).
General awareness / familiarization training
§172.704(a)(1)Designed so each hazmat employee can recognize and identify hazardous materials consistent with the hazard communication standards of the subchapter. For a will-not-carry operator this is the load-bearing category: it is what enables ground and customer-service staff to spot an undeclared dangerous good and refuse it.
Function-specific training
§172.704(a)(2)Concerns requirements of the subchapter — or applicable exemptions and special permits — that are specifically applicable to the functions the employee performs. The function for a will-not-carry operator is acceptance screening and rejection, plus applying the §175.10 passenger exceptions, rather than the fuller offer/accept/load cycle a carrying operator trains.
Safety training
§172.704(a)(3)Covers emergency response information applicable to the materials the employee may encounter, measures to protect the employee from the hazards, and methods and procedures for avoiding accidents (such as proper handling and stowage).
Security awareness training
§172.704(a)(4)Addresses the security risks associated with hazardous materials transportation and methods designed to enhance transportation security. This awareness-level training is required for hazmat employees generally — not only for those subject to a security plan.
In-depth security training
§172.704(a)(5)Required only for hazmat employees of a person required to have a security plan under Subpart I. It covers the security plan and its implementation. A will-not-carry operator that handles no security-plan materials will typically not trigger this category — but should document why it does not apply.
Recurrent interval
Per §172.704(c)(2), a hazmat employee must receive the required training at least once every three years. The clock runs from the most recent training completion date in the employee’s record — which is exactly why that date is one of the five mandatory record elements.
New employees / function changes
Per §172.704(c)(1), a new hazmat employee (or one changing functions) may perform the function before completing training only if under the direct supervision of a properly trained hazmat employee AND training is completed within 90 days. Both conditions must hold.
Hazmat training is one of several recurring-training programs a Part 135 operator runs. For how the FAA expects training programs to be documented more broadly, see Part 135 training program recordkeeping requirements and the parallel Part 135 drug and alcohol program records checklist, which runs on its own retention rule under 49 CFR §40.333.
Related Aviation Compliance Guides
The Training Record — Five Elements and the Retention Clock
The record is the compliance artifact. Under 49 CFR §172.704(d), the hazmat employer must create and retain a record of current training, inclusive of the preceding three years, for each hazmat employee for as long as that employee is employed by that employer as a hazmat employee, and for 90 days thereafter. The same paragraph specifies exactly what the record must contain.
- The hazmat employee’s name
- The most recent training completion date
- A description, copy, or the location of the training materials used to meet the training requirement
- The name and address of the person providing the training
- Certification that the hazmat employee has been trained and tested as required by Subpart H
Source: 49 CFR §172.704(d). A record missing any one of these five elements is deficient — most commonly the trainer’s name and address, or the testing certification, is the element left out.
The retention clock is employment-based, not a fixed number of years
This is the detail operators most often get wrong. Hazmat training records are not “keep for 3 years” or “keep for 5 years.” They are kept for as long as the person is a hazmat employee plus 90 days after they stop. A 12-year employee’s record must be retained for 12 years and 90 days. Contrast this with FAA drug and alcohol program records, which follow the fixed retention periods in 49 CFR §40.333, and maintenance records, which follow 14 CFR §91.417. Three different programs, three different retention rules — mixing them up is a classic audit finding.
FileFlo as the Hazmat Records Layer
FileFlo is a compliance document intelligence platform — a read-only proof layer for the documents that demonstrate your hazmat program exists and is current. It does not deliver hazmat training, write your hazmat program or OpSpecs, or screen physical shipments. What it does is classify, index, and surface the records an inspector or PHMSA reviewer asks for.
- Classifies each uploaded training record and checks it against the five §172.704(d) content elements
- Tracks the three-year recurrent interval per hazmat employee and surfaces alerts at 90/60/30 days before due
- Indexes the will-not-carry OpSpec (A055) page so the legal basis for carrying no cargo hazmat is always producible
- Holds acceptance / rejection checklists and the security plan (if any) alongside the training records
- Applies the employment-plus-90-day retention rule so records are kept exactly as long as §172.704(d) requires
FileFlo classifies 600+ aviation and compliance document types and manages records across Part 91, Part 135, and Part 145 operators in one platform. Pricing: Starter $89/mo, Professional $299/mo. 5-day free trial, no credit card required. FileFlo does not provide or run a safety management system (SMS), dispatch system, or hazmat training program — it keeps the documents that prove compliance audit-ready.
Acceptance, Inspection, and the Passenger Exceptions You Still Handle
Even with no cargo hazmat authorization, a will-not-carry operator handles dangerous goods on the margins of every operation. Two sets of rules in 49 CFR Part 175 govern that reality: the acceptance and inspection duties in §175.30 for anything offered as cargo, and the passenger/crew exceptions in §175.10 for what comes aboard with people.
§175.30 — Acceptance and pre-loading inspection
49 CFR §175.30(a) provides that no person may accept a hazardous material for transport aboard an aircraft unless the operator ensures it is authorized and within quantity limitations, and is described and certified on a shipping paper prepared in accordance with Part 172 (or qualifies under an exception). §175.30(c) requires that no person may carry a hazardous material in a package or overpack aboard an aircraft unless it is inspected by the operator immediately before placing it aboard the aircraft (or in a unit load device) and is found to have no leakage or other indication that its integrity has been compromised.
For a will-not-carry operator, the practical implementation is a rejection workflow: trained staff recognize an undeclared or mis-declared dangerous good, refuse it, and document the refusal. That documentation — the rejection log — is itself a compliance record that demonstrates the program is operating.
§175.10 — Exceptions for passengers, crewmembers, and air operators
49 CFR §175.10 excepts certain items from most hazmat requirements when carried by passengers or crew for personal use. Crew must know the limits, which is why these belong in §172.704 general-awareness training. Representative examples (each with its own quantity and packaging conditions in the rule):
- Non-radioactive medicinal and toilet articles for personal use (including aerosols)
- One packet of safety matches or one lighter, carried on the person or in carry-on baggage only
- Alcoholic beverages: at or below 24% ABV no special condition; over 24% up to 70% ABV only in unopened retail packagings of 5 L or less, max 5 L per person
- Portable electronic devices and spare lithium batteries within specified watt-hour / lithium-content limits
- Small-arms ammunition for personal use, in checked baggage only, within limits
- Certain medical / mobility devices and assistive equipment with installed batteries
The specific quantity limits, watt-hour thresholds, and packaging conditions are set out in §175.10 and should be confirmed against the current text — they are detailed and periodically revised. The point for a will-not-carry operator is that these items are lawful aboard, and crew screening must be trained to the rule.
Edge case: flammable liquid fuel where air is the only practical transport
A narrow provision, 49 CFR §175.310 (“Transportation of flammable liquid fuel; aircraft only means of transportation”), permits flammable liquid fuel to be carried by aircraft where other means of transportation are impracticable — relevant to remote operations such as parts of Alaska. It carries its own conditions (for example, limits on metal drum capacity and segregation away from Class 1, Class 5, and Class 8 materials, with FAA approval for larger installed tanks). This is an authorization a will-not-carry operator generally will not hold; it is mentioned only because operators sometimes confuse §175.310 with the general will-not-carry rules. If your operation could implicate it, confirm applicability and the exact current limits with your FAA Principal Operations Inspector.
Lithium batteries are the dangerous good a charter operator most often actually handles — see the broader aviation records picture in what records a Part 135 operator must keep. For operations with their own clinical-cargo profile, the Part 135 helicopter air ambulance (HEMS) records guide covers a setting where oxygen and medical materials require especially careful screening.
Who the Hazmat Recordkeeping Rules Apply To
The hazmat training and recordkeeping obligations under 49 CFR Part 172 Subpart H attach to the hazmat employer and its hazmat employees — terms defined broadly in 49 CFR §171.8. An air carrier that accepts, handles, loads, or transports hazmat — or whose employees are responsible for the safety of transporting it — is a hazmat employer. The training duty does not turn on whether you carry cargo hazmat; it turns on whether your people perform functions that affect hazmat transportation safety, including recognition and rejection.
Typical operator
Most on-demand charter operators
No cargo hazmat authorization (A055 will-not-carry). Still must train staff to recognize/reject hazmat, screen under §175.30, apply §175.10, and keep §172.704 records.
Typical operator
Operators authorized to carry hazmat
Fuller training program, acceptance and shipping-paper handling, loading/segregation, and a security plan under Subpart I if applicable. Heavier records load.
Typical operator
Private and fractional operations
Part 175 air-mode hazmat rules still apply to materials offered for air transport; passenger/crew §175.10 exceptions apply on every flight. Document the program that fits the operation.
Fractional ownership operations carry their own recordkeeping nuances — see Part 91K fractional ownership compliance records. And because hazmat training is one accountability among many, it sits alongside the operator’s pilot records and the broader question of who holds operational control (a term defined at 14 CFR §1.1) for the certificate.
Looking ahead, the same operators face the new safety-management obligations summarized in our FAA Part 135 SMS 2027 deadline guide — another program whose value is only as good as the records that prove it.
Frequently Asked Questions
What is a "will not carry" hazmat program for a Part 135 operator?
A "will not carry" program is the posture an air carrier adopts when it elects NOT to accept hazardous materials (dangerous goods) for transport as cargo. It is documented through the operator's Operations Specifications — for most Part 135 on-demand operators this is the A055 series, which states whether the certificate holder is or is not authorized and trained to carry hazardous materials. Choosing "will not carry" does not eliminate hazmat obligations. Under 49 CFR Part 175, the operator must still train staff to recognize and reject undeclared hazardous materials, must follow the acceptance and inspection rules in §175.30 for anything it does carry, and must understand the passenger and crewmember exceptions in §175.10 (lithium batteries in personal devices, medicinal and toilet articles, one lighter or packet of safety matches per person, alcoholic beverages not more than 24% alcohol by volume, small-arms ammunition in checked baggage). A "will not carry" operator carries no regulated cargo hazmat — but it still encounters dangerous goods on every flight in the form of passenger and company items, and it still must train hazmat employees and keep the records that prove it.
How often is recurrent hazmat training required, and how long must the records be kept?
Per 49 CFR §172.704(c)(2), a hazmat employee must receive the required training at least once every three years. Per §172.704(d), the hazmat employer must create and retain a record of current training for each hazmat employee, and that record must be retained "for as long as that employee is employed by that employer as a hazmat employee and for 90 days thereafter." Note the retention clock is tied to employment plus 90 days — not a fixed calendar period. This is different from many other compliance records (for example, FAA drug and alcohol program records under 49 CFR §40.333, or maintenance records under 14 CFR §91.417). The training record itself must contain five elements under §172.704(d): the hazmat employee's name; the most recent training completion date; a description, copy, or location of the training materials used to meet the requirement; the name and address of the person who provided the training; and certification that the employee has been trained and tested as required.
What five types of hazmat training does 49 CFR §172.704 require?
Under 49 CFR §172.704(a), a hazmat employee must be trained in: (1) general awareness/familiarization training — enabling the employee to recognize and identify hazardous materials consistent with the hazard communication standards of the subchapter; (2) function-specific training — concerning the requirements of the subchapter, or exemptions and special permits, that are specifically applicable to the functions the employee performs; (3) safety training — covering emergency response information, measures to protect the employee from the hazards, and methods and procedures for avoiding accidents; (4) security awareness training — addressing security risks associated with hazmat transportation and methods to enhance transportation security; and (5) in-depth security training — required only for employees of entities that must have a security plan under Subpart I, covering the security plan and its implementation. For a "will not carry" Part 135 operator, the operative training is general awareness (so staff can recognize and reject undeclared dangerous goods) and function-specific training keyed to the operator's actual acceptance posture.
Can a new employee perform hazmat functions before completing training?
Yes, but only under strict conditions and only for a limited time. Per 49 CFR §172.704(c)(1), a new hazmat employee — or a hazmat employee who changes job functions — may perform those functions before completing training provided two conditions are met: the employee performs those functions under the direct supervision of a properly trained and knowledgeable hazmat employee, AND the training is completed within 90 days after employment or a change in job function. The 90-day window is a hard limit, not a guideline. If training is not completed within 90 days, the employee may no longer perform the hazmat function until training is complete. From a records standpoint, the gap an inspector looks for is the new-hire whose training record shows a completion date more than 90 days after their hire or function-change date, with no documentation of the required direct supervision in the interim.
What happens at a ramp check or surveillance review if hazmat training records are missing?
A hazmat employer that cannot produce a current, complete training record for each hazmat employee is in violation of 49 CFR §172.704(d), regardless of whether the training actually occurred. The principle is the same one that governs every compliance record: an inspector cannot distinguish "training happened but the record is missing" from "training never happened." For air carriers, FAA Aviation Safety Inspectors and PHMSA can both assess civil penalties for hazmat training and recordkeeping violations. Under 49 U.S.C. §5123, civil penalties for knowing violations of the federal hazardous materials transportation law can reach into the tens of thousands of dollars per violation per day, with higher maximums where a violation results in death, serious illness, severe injury, or substantial property destruction. The recordkeeping deficiency is independently citable even when the underlying training was performed — which is why the record, not just the training, is the compliance artifact that matters at audit.
If we "will not carry" hazmat, do we still have to inspect and accept-screen shipments?
You still have acceptance and screening obligations for anything that comes aboard. 49 CFR §175.30(a) states that no person may accept a hazardous material for transportation aboard an aircraft unless the aircraft operator ensures the material is authorized and within the quantity limitations, and is described and certified on a shipping paper prepared in accordance with Part 172 (or is exempt). §175.30(c) further requires that no person may carry a hazardous material in a package or overpack aboard an aircraft unless the package or overpack is inspected by the operator immediately before placing it aboard the aircraft (or in a unit load device) and is found to have no leakage or other indication that its integrity has been compromised. For a "will not carry" operator, the practical version of these duties is the rejection workflow: staff trained under §172.704 must be able to recognize an undeclared or mis-declared dangerous good, refuse it, and document the refusal. The records that prove this capability — training records, acceptance/rejection checklists, the will-not-carry OpSpec itself — are exactly what a surveillance inspector reviews.
What dangerous goods can passengers and crew bring aboard even on a "will not carry" flight?
49 CFR §175.10 ("Exceptions for passengers, crewmembers, and air operators") lists items that are excepted from most hazmat requirements when carried by passengers or crew for personal use. These include, with quantity limits: non-radioactive medicinal and toilet articles for personal use (including aerosols); one packet of safety matches or one lighter intended for use by an individual when carried on the person or in carry-on baggage only; alcoholic beverages — those at or below 24% alcohol by volume carry no packaging or quantity condition at all, while those over 24% and up to 70% are limited to unopened retail packagings of 5 liters or less, maximum 5 liters per person, in carry-on or checked baggage; portable electronic devices and spare lithium batteries within specified watt-hour and lithium-content limits; and small-arms ammunition for personal use carried in checked baggage only, within limits. A "will not carry" cargo posture does not change these passenger and crew exceptions — they apply on every flight. The operator's general-awareness training under §172.704 should cover what is and is not permitted under §175.10 so that crew can correctly screen carry-on and checked items, because the most common dangerous good a charter operator actually handles is a lithium battery in a passenger device, not a declared cargo shipment.
Does FileFlo run our hazmat program or just keep the records?
FileFlo keeps the records. It is a compliance document intelligence platform — a read-only proof layer that classifies, indexes, and tracks the documents that demonstrate your hazmat program is in place: §172.704 training records (with the five required content elements), recurrent-training due dates on the three-year cycle, your will-not-carry Operations Specifications, acceptance and rejection checklists, and the security plan if you carry materials that require one. FileFlo does not deliver the hazmat training, does not write your hazmat program or OpSpecs, does not screen physical shipments, and is not a substitute for a certificated hazmat training provider or your FAA Principal Operations Inspector. What it does is ensure that when an inspector or PHMSA reviewer asks for the current training record of a specific hazmat employee, or proof that recurrent training is within the three-year interval, the document is classified, indexed, in-date, and producible in seconds rather than reconstructed under audit pressure.
Don’t reconstruct your hazmat training records the week of a surveillance review
FileFlo classifies every uploaded hazmat training record against the five §172.704(d) elements, tracks the three-year recurrent interval per employee, indexes your will-not-carry OpSpec and rejection logs, and surfaces what is in-date and what is due — so the document an inspector asks for is producible in seconds. Starter plan $89/mo. Professional $299/mo. 5-day free trial — no credit card required.
5-day free trial · No credit card required · Cancel anytime
Written by Chad Griffith, Founder, FileFlo — compliance document intelligence. Reviewed June 9, 2026. FileFlo keeps compliance records audit-ready; it is not legal counsel, a hazmat training provider, or your FAA Principal Operations Inspector. Verify all hazmat training, OpSpec authorizations, and security-plan applicability with a qualified hazmat training source and your FSDO.