FAR 91.1009 — Operational Control

FAR 91.1009 clarifies exactly when a fractional owner is considered to be in operational control of a program flight under Part 91 Subpart K. This matters because operational control determines who is legally responsible for the safety and conduct of the flight.

An owner is in operational control when all three of these are true:

• The owner has the rights and limitations described in §§ 91.1003 through 91.1013.
• The owner has directed that a program aircraft carry passengers or property they designate.
• The aircraft is actually carrying those passengers or property.

An owner is not in operational control when:

• The flight is for administrative purposes — demonstration, positioning, ferrying, maintenance, or crew training — and no passengers or property designated by that owner are aboard.
• The aircraft is being operated under Part 121 or Part 135.

For pilots, this rule pins down who is calling the shots and bearing legal responsibility on any given leg, which directly affects regulatory compliance and accountability.