Direct Answer
Operational control, as defined in 14 CFR 1.1, is the exercise of authority over initiating, conducting, or terminating a flight.
Under 14 CFR §135.77, operational control over each flight conducted under a Part 135 certificate rests with the certificate holder — the certificated operator. This authority cannot be delegated to a charter broker, an aircraft owner, or any uncertificated party. Any arrangement that effectively transfers the exercise of that authority outside the certificate holder is an illegal charter.
The documents that prove operational control — OpSpecs, flight releases, load manifests, crew assignment records, and lease agreements — are the paperwork an FAA inspector will request in any enforcement action. Operators who cannot produce a clean record for every flight are exposed regardless of their good intentions.
The Precise Regulatory Language
The definition of operational control lives in 14 CFR 1.1 (Part 1 — Definitions and Abbreviations). Part 1 definitions apply across all of 14 CFR chapter I, so the same definition governs operations under Parts 119, 121, 125, and 135.
14 CFR 1.1 defines "operational control" as: "with respect to a flight, the exercise of authority over initiating, conducting, or terminating a flight."
14 CFR §135.77 then assigns that authority: "Each certificate holder is responsible for operational control." The section goes on to require the certificate holder to list, in the manual required by §135.21, the name and title of each person authorized by it to exercise operational control. That listing is an internal designation of who acts for the certificate holder — not an external transfer of the certificate obligation.
The practical consequence of these two sections: if you hold a Part 135 certificate, every flight conducted under that certificate must be a flight you — the certificate holder — authorized, dispatched, crewed, and could have terminated. Any flight where those decisions were made by someone outside your organization is a flight where operational control may not have rested with you. In an enforcement action, that gap is the case.
Operational control is not a formality — it is a test of actual authority
Courts and the NTSB have consistently interpreted "operational control" based on the substance of the arrangement, not the labels in the contract. A lease agreement titled "dry lease" does not create a dry lease if the lessor continues to control the crew, set dispatch conditions, or direct the flight operationally. The FAA looks through the paperwork to the functional reality.
For a deeper look at the broader Part 135 certificate obligations that surround operational control, see the Part 135 on-demand charter compliance overview and the full FAA aviation compliance hub.
Why Operational Control Is the Costliest Concept in Charter Aviation
Operational control determines whether a flight is legal air transportation or an illegal charter. It determines which set of FAA operating rules apply (Part 91 vs. Part 135 vs. Part 121). It determines who is responsible for airworthiness, crew qualifications, and dispatch. And in an enforcement action, it determines who faces civil penalties, certificate sanctions, and potential criminal liability.
The FAA has made illegal-charter enforcement an active priority in recent years. The agency conducts marketing sweeps — reviewing charter broker websites, social media, and booking platforms — to identify operations that appear to be selling air transportation without the required certificate or that obscure the identity of the certificated operator from passengers. The TSA coordinates referrals from airport personnel who observe patterns inconsistent with legitimate Part 91 operations. Passenger complaints, post-accident investigations, and competitor tips all generate referrals.
The penalty structure for illegal charter reflects the seriousness with which the FAA treats the offense. Civil penalties under 49 U.S.C. § 46301 reach $75,000 per violation (14 CFR §13.301; violations on or after December 30, 2024). Operating as an air carrier without the required certificate under 49 U.S.C. § 41101 also exposes individuals to criminal liability under 49 U.S.C. § 46316. For a certificated Part 135 operator who allowed an uncertificated party to effectively exercise operational control over flights conducted under its certificate, the consequence can include certificate suspension or revocation under 49 U.S.C. § 44709.
What operational control actually governs
Every one of these decisions must be made by — or under the authority of — the certificate holder. When any of them migrate to a broker, an aircraft owner, or a passenger, the certificate holder has lost operational control of that element and potentially of the flight as a whole.
How Charter Brokers Get Operational Control Wrong
Charter brokers serve a legitimate function in the aviation market: they match clients with certificated Part 135 operators and earn a fee for the referral. A properly structured broker arrangement is legal. The problem arises when the brokerage relationship drifts — deliberately or inadvertently — into something that looks and functions like an air carrier operation without the certificate to back it.
Structuring: "we provide the aircraft, you provide everything else" dry leases
The most common illegal-charter trap is a purported dry-lease where the aircraft owner continues to supply crew, conduct dispatch, set the flight conditions, and direct the operation — while calling it a "dry lease" because the written agreement says so. A genuine dry lease transfers complete operational control to the lessee. The lessee must hold the appropriate certificate (or operate under Part 91 if not conducting air carrier operations) and must make all the operational decisions listed above independently. If the lessor's team is still involved in dispatch, crew assignment, or go/no-go decisions, the substance of the arrangement is a wet lease or an air carrier operation — and the lessor must hold the Part 135 certificate.
Broker as de facto operator: selling flights on unvetted aircraft
A broker who accepts compensation for a specific flight itinerary, assigns an aircraft, coordinates the crew, and delivers the passenger to a departure point has functionally made every operational control decision — without holding a Part 135 certificate. The fact that a Part 135 operator is nominally identified somewhere in the chain does not cure the problem if the broker is directing the operation. The FAA's test is who, in practice, exercised authority over the flight. If that is the broker, the broker is operating as an air carrier without authorization.
OpSpecs envelope deviation: operating beyond the certificate's authorization
A Part 135 certificate holder's Operations Specifications (OpSpecs) define the specific envelope of authorized operations — aircraft types, routes, areas of operation, special authorizations (RVSM, RNP, ETOPS), and operating limitations. When a broker sells a trip that the operator's OpSpecs do not authorize — a route outside the approved area, an aircraft type not on the OpSpecs, an operation requiring an LOA the operator does not hold — the operator either cannot legally conduct the flight or is pressured into conducting it outside its authorized envelope. The result is an OpSpecs deviation, which is itself a certificate violation separate from the operational-control question. See the Part 135 LOA and OpSpecs authorization guide (linked below) for more detail on authorization tracking.
Part 380 public charter disclosure failures
14 CFR Part 380 governs public charter operations — per-seat charter sales to the public arranged by a charter operator. Part 380 requires specific disclosure to passengers about who is responsible for the safety of the flight, requires that the operator be identified, and governs the contract between the public charter operator, the certificated air carrier, and passengers. Brokers who operate public charter programs without meeting Part 380's disclosure and contract requirements are violating both the public charter rules and the broader operational-control framework — passengers are legally entitled to know which certificated operator is responsible for their safety.
AC 91-37B and Truth in Leasing
FAA Advisory Circular AC 91-37B (Truth in Leasing) addresses the 14 CFR §91.23 lease disclosure requirements for large civil aircraft (over 12,500 lbs maximum certificated takeoff weight). AC 91-37B explains that in a valid dry-lease of a large civil aircraft, the lessee bears the full operational responsibility — including airworthiness, crewmember qualifications, and operational control. The lessor provides only the aircraft. A copy of the lease must be signed, carried aboard the aircraft, and filed with the FAA within 24 hours of execution under §91.23(c).
AC 91-37B is not the complete operational-control analysis for every charter arrangement — it specifically governs §91.23 lease disclosure for large aircraft. But its core principle applies broadly: the party who exercises operational authority over the flight must hold the appropriate FAA certificate for that type of operation. If the arrangement is structured to obscure who that party is, the FAA will look through the structure to the substance.
The Documents That Prove — or Disprove — Operational Control
In an FAA enforcement proceeding or post-accident investigation, the evidentiary question is: who exercised authority over this flight? The answer comes from the operational record package. A Part 135 operator that can produce a clean, complete package for every flight has the strongest possible defense. An operator with gaps — missing flight releases, unsigned load manifests, absent crew assignment records, or a lease agreement that does not match operational reality — is exposed.
Operations Specifications (OpSpecs)
14 CFR §119.49 / FAA Order 8900.1What it proves
The FAA-issued document that defines the authorized envelope of your Part 135 certificate: aircraft types, areas of operation, special authorizations (RVSM, RNP, ETOPS), and operating conditions. Every flight must be within the OpSpecs envelope. OpSpecs that have lapsed, been amended without current authorization, or that do not cover the operation conducted are a primary enforcement finding.
How FileFlo tracks it
FileFlo tracks OpSpecs paragraphs as a document class, surfaces expiring or lapsed authorizations, and generates a one-click OpSpecs inventory binder for POI surveillance visits.
Flight Release / Flight Locating Record
14 CFR §135.79 (flight locating); GOM/OpSpecs (flight release)What it proves
Section 135.79 requires the certificate holder to have procedures for locating each flight for which an FAA flight plan is not filed. The flight release — an operational-control record kept under the operator's own general operations manual procedures, since Part 135 on-demand operations have no Part 121-style dispatch-release requirement — is the contemporaneous record showing the certificate holder authorized the specific flight — specific aircraft, specific crew, specific route — before departure. Absent a flight release signed by an authorized representative of the certificate holder, the claim that the certificate holder exercised operational control is weakened significantly.
How FileFlo tracks it
FileFlo classifies and indexes flight releases and §135.79 flight locating records, tags them to the relevant crew and aircraft records, and includes them in the audit binder.
Aircraft Load Manifest
14 CFR §135.63(c)What it proves
Section 135.63(c) requires a load manifest for multiengine aircraft, prepared before each takeoff. The manifest must include: the number of passengers, the total weight of the loaded aircraft, the maximum allowable takeoff weight, the center-of-gravity limits and the center of gravity of the loaded aircraft (or loading per an approved schedule), the aircraft registration or flight number, the origin and destination, and crew identification. The regulation does not require an operator-identification field, but the load manifest should show the certificate holder as the operator. A load manifest showing a broker or an aircraft owner as the operator is documentary evidence that operational control may not have rested with the certificate holder.
How FileFlo tracks it
FileFlo stores and indexes load manifests under §135.63(c) with aircraft and passenger cross-reference, expiration alerts for any retention deadline, and audit binder inclusion.
Dry-Lease or Wet-Lease Agreement
14 CFR §91.23 (for large aircraft); Part 119 / Part 135 generallyWhat it proves
When the certificate holder operates an aircraft it does not own, the lease agreement is critical evidence of who bears operational responsibility. A valid dry-lease transfers full operational control — including airworthiness responsibility — to the lessee. The agreement must be consistent with the operational reality: if the agreement says dry-lease but the aircraft owner continues to supply crew or direct operations, the substance governs over the label. For large civil aircraft under §91.23, a signed copy must be carried aboard and filed with the FAA within 24 hours of execution.
How FileFlo tracks it
FileFlo stores lease agreements with execution date, filing date, aircraft cross-reference, and expiration tracking — providing the complete lease document chain for any enforcement inquiry.
Crew Assignment and Qualification Records
14 CFR §135.63(a)(4) / §135.243 / §135.293 / §135.297What it proves
The Part 135 certificate holder — not a broker or aircraft owner — must be able to show that it assigned, qualified, and directed the crew for each flight. Crew assignment records must tie to the certificate holder's own §135.293 recurrent training records, §135.297 IPC records for IFR flights, and §135.243 PIC qualification records. If the crew was hired and directed by a broker and only nominally listed on the certificate holder's records, the operational-control argument is undermined. See the Part 135 compliance software guide (linked below) for more on pilot currency tracking.
How FileFlo tracks it
FileFlo cross-references crew assignment records against §135.293 annual recurrent, §135.297 6-month IPC, and §135.243 PIC qualification records — surfacing gaps before the next dispatch.
Airworthiness Release
14 CFR §135.443 / 14 CFR part 43What it proves
Before each flight under Part 135, the certificate holder must ensure the aircraft is airworthy. Section 135.443 governs the return-to-service entry for aircraft maintained under a §135.411(a)(2) maintenance program — aircraft type certificated for 10 or more passenger seats, or operators that elect that program. For aircraft type certificated for 9 or fewer passenger seats, return to service follows part 43 (§§43.5, 43.7, 43.9). Either way, the airworthiness release — whether a maintenance log entry, a work order return-to-service signature, or a §135.443(a) airworthiness release form — shows that the certificate holder accepted airworthiness responsibility. An aircraft released by a third party on behalf of the broker or owner, without a corresponding release record tied to the certificate holder, is another gap in the operational-control chain.
How FileFlo tracks it
FileFlo classifies §135.443 airworthiness releases as a document category under the Part 135 record set, with cross-reference to aircraft records and audit binder inclusion.
Related guides: Part 135 compliance software · Part 135 LOA & OpSpecs authorization tracking · Part 135 operations recordkeeping
FileFlo is the proof layer, not the operational layer
FileFlo is a compliance document intelligence platform — it classifies, indexes, and tracks the documents that prove operational control. It is not a dispatch system, a flight operations management system (FOS), or a scheduling platform. It sits alongside your operational stack and keeps the documentary record audit-ready. That separation of concerns is by design: the documents that prove who exercised operational authority must be independently maintained from the systems that exercise it.
Is your Part 135 operational record package FAA-ready?
FileFlo tracks OpSpecs, flight releases, load manifests, crew assignment records, airworthiness releases, and lease agreements — classified against the governing CFR section and organized for a one-click POI surveillance binder. Starter at $89/mo, Professional at $299/mo. 5-day free trial, no credit card required.
Enforcement Reality: How the FAA Builds an Illegal-Charter Case
The FAA's enforcement process for illegal charter typically begins with an investigation referral — a complaint from a passenger, a tip from an airport employee or competitor, a routine ramp inspection, or a marketing sweep that turns up an operation selling charter services without disclosing a certificated operator. The FAA then builds the case from the documentary record.
The initial investigation requests the operational record package for specific flights: flight releases, load manifests, crew records, airworthiness releases, lease agreements (if applicable), and any contracts or communications showing who sold the flight and who directed the operation. The investigator compares this package against the claimed Part 135 certificate and OpSpecs to determine whether the operation was conducted within the authorized envelope and whether the certificate holder actually exercised operational control.
The Enforcement Decision Process (EDP) under FAA Order 2150.3C distinguishes between compliance action (where the violator was unaware of the rule and cooperates with correction) and enforcement action (where the violation was intentional, the violator is uncooperative, or the safety risk is significant). Illegal charter cases — particularly those where compensation was accepted and passengers were exposed to uncertificated operations — typically proceed as enforcement actions with civil penalty proposals rather than compliance action letters.
What a complete operational control record package looks like
OpSpecs inventory
Current, authorizing the specific operation, aircraft type, and area — FAA-issued with contents prescribed by §119.49 (amendments under §119.51) and tracked for any expiring special authorizations
Flight release / flight locating record
The operator's own flight release, signed by an authorized representative of the certificate holder before departure, plus the §135.79 flight locating record where no FAA flight plan was filed — showing the certificate holder directed the flight
Load manifest
Completed under §135.63(c) for multiengine aircraft, with weight and center-of-gravity data — and, as best practice, identifying the certificate holder as operator
Crew assignment and currency
Showing the certificate holder assigned the crew, with cross-reference to §135.293 recurrent, §135.297 IPC (if IFR), and §135.243 PIC qualification records
Airworthiness release
Tied to the certificate holder — under §135.443 for aircraft on a §135.411(a)(2) maintenance program, under part 43 otherwise — with maintenance records referenced
Lease agreement (if applicable)
Signed, filed with the FAA within 24 hours under §91.23(c) for large aircraft, consistent with actual operational reality
Charter contract / broker agreement
Showing the certificated operator was disclosed to the client and that the broker's role was limited to referral
A Part 135 operator that can produce this complete package — immediately, for any past flight, without an all-hands document hunt — is in a fundamentally different enforcement posture than one that cannot. The gap between those two positions is almost entirely a document management problem. The flights happened. The decisions were made. The question is whether the paperwork proves who made them.
For further reading on the records Part 135 operators must maintain beyond the operational-control package, see the Part 135 operations recordkeeping guide and the 14 CFR §135.21 GOM/GMM revision control reference. For the broader FAA drug and alcohol testing program that applies alongside Part 135 operational records, see the Part 120 drug and alcohol testing compliance guide.
Frequently Asked Questions
What is the legal definition of operational control under 14 CFR Part 135?
14 CFR 1.1 defines "operational control" as the exercise of authority over initiating, conducting, or terminating a flight. For Part 135 certificate holders, 14 CFR §135.77 then assigns that authority to the certificate holder — the operator must maintain operational control over every flight conducted under its certificate. This means the Part 135 operator (not the charter client, not a broker, and not the aircraft owner in a dry-lease situation) must be the entity directing whether, when, where, and how the flight operates. Operational control cannot be delegated to a party that does not hold the appropriate FAA certificate — any arrangement that purports to hand control to an uncertificated party is an illegal charter.
What is an illegal charter and how does the FAA detect it?
An illegal charter (also called an "illegal air transportation" arrangement) occurs when compensation is paid for air transportation carried out without the required FAA operating certificate — typically a Part 135 certificate. Common illegal charter arrangements include: (1) dry-lease agreements structured to look like the aircraft owner is providing only the aircraft when the operator is functionally conducting air carrier operations; (2) a charter broker "selling" flights on aircraft they do not operate, where the actual operator lacks a Part 135 certificate; and (3) Part 91 flights where a passenger pays something of value beyond a pro-rata share of operating expenses. The FAA detects illegal charter through complaint investigations, ramp inspections, charter broker compliance reviews, marketing and advertising sweeps (the FAA reviews websites and social media), and requests from the TSA. The key enforcement document is the operational record package — aircraft load manifest, contracts, payment records, flight release and flight locating records, and crew assignment documents. Absent a clear paperwork trail showing a certificated operator exercised authority over the flight, the FAA draws the adverse inference.
What does AC 91-37B say about truth in leasing and operational control?
FAA Advisory Circular AC 91-37B (Truth in Leasing) establishes the disclosure and compliance requirements for wet-lease and dry-lease transactions for large civil aircraft (over 12,500 lbs maximum certificated takeoff weight) under 14 CFR §91.23. The AC explains that in a valid dry-lease, the lessee must bear all the operational responsibilities — including airworthiness, crewmember qualifications, and operational control — while the lessor provides only the aircraft. If the lessor continues to supply crew, dispatch the aircraft, or set flight conditions, the arrangement is functionally a wet-lease or an air carrier operation, and the lessor must hold the appropriate certificate. AC 91-37B requires that a dry-lease agreement for a large civil aircraft must be signed and a copy carried on board; it must be filed with the FAA within 24 hours of execution under §91.23(c). Note that AC 91-37B applies specifically to large civil aircraft and §91.23 lease disclosure requirements — it is one piece of a broader operational control analysis, not the complete test for every charter arrangement.
What documents prove operational control in a Part 135 enforcement action?
In an FAA enforcement proceeding, the operational record package for each flight is the primary evidence of who held operational control. The critical documents are: (1) the Operations Specifications (OpSpecs) authorizing the operator for the type of operation flown; (2) the flight locating record under 14 CFR §135.79 (required for flights for which no FAA flight plan is filed) and the operator's own flight release prepared under its operational-control procedures — showing the operator directed the flight; (3) the aircraft load manifest under §135.63(c) — required for multiengine aircraft before each takeoff, recording the number of passengers, aircraft weight and center-of-gravity data, aircraft identification, origin and destination, and crew; (4) the dry-lease or wet-lease agreement if a third-party aircraft was used; (5) crew assignment records showing the Part 135 operator (not the broker or owner) hired and directed the crew; (6) maintenance and airworthiness release records showing the operator accepted airworthiness responsibility; and (7) any charter contracts or broker agreements showing the compensation structure and who the client believed was providing air transportation. A Part 135 operator that cannot produce this complete package for any given flight is exposed to the FAA drawing adverse inferences about who actually exercised operational control.
Can a charter broker hold operational control?
No. A charter broker arranges air transportation on behalf of clients but does not itself operate aircraft. A broker who holds no FAA certificate cannot hold operational control over a flight — a broker that effectively directs when, where, and how a flight operates without holding a Part 135 certificate is engaged in illegal air transportation under 49 U.S.C. § 41101. Legitimate charter brokers connect clients with certificated Part 135 operators and disclose in writing that the operator (not the broker) is responsible for the safety of the flight. The FAA has sanctioned brokers who marketed flights, collected compensation, and then subcontracted to operators in ways that obscured the operator identity from passengers — a practice that also violates the public charter disclosure requirements under 14 CFR Part 380. The clean standard: the Part 135 certificate holder is the only entity that can hold operational control, and every document in the flight record package should show that certificate holder as the operator.
What FAA civil penalty applies to illegal charter violations?
Operating as an air carrier without the required FAA certificate is a serious violation with multiple potential penalties. Civil penalties under 49 U.S.C. § 46301 reach $75,000 per violation (14 CFR §13.301, adjusted periodically under the Federal Civil Penalties Inflation Adjustment Act). Criminal penalties under 49 U.S.C. § 46316 apply to knowingly operating without the required certificate and carry criminal fines, with each day of operation counting as a separate violation. Additionally, the FAA can impose civil penalties on the person who received compensation for the illegal air transportation, the pilot who operated the flight, and any broker who facilitated the arrangement. For a Part 135 certificate holder that allows another party to exercise operational control over flights conducted under its certificate, the consequence can include certificate suspension or revocation under 49 U.S.C. § 44709 in addition to per-violation civil penalties.
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Reviewed by Chad Griffith, FileFlo — June 9, 2026. Regulatory citations verified against eCFR and faa.gov as of publication date.