Election Candidate Carriage

FAR 91.321 — Election Candidate Carriage

FAR 91.321 lets non-air-carrier operators receive payment for flying political candidates under Part 91. Learn the conditions and limits.

In Plain English

FAR 91.321 carves out a narrow exception that lets you accept payment for flying a political candidate (or their agent or someone traveling on their behalf) without operating under the more demanding Part 121, 125, or 135 commercial rules. This matters because, normally, carrying people for compensation triggers commercial certification requirements — but campaign finance laws often require candidates to pay for their travel, which would otherwise put a private operator in a regulatory bind.

To use this exception, all of the following must be true:

Your primary business is not that of an air carrier or commercial operator.
The flight is conducted under Part 91 rules.
You are required by federal, state, or local law to receive payment for the carriage.
The amount collected may not exceed what the Federal Election Commission requires (for federal races) or what applicable state or local law requires (for state/local races).

For federal elections, the definitions of "candidate" and related terms come from FEC regulations; for state and local elections, they come from the applicable state or local law.

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Regulation Text

14 CFR § 91.321

§ 91.321 Carriage of candidates in elections. (a) As an aircraft operator, you may receive payment for carrying a candidate, agent of a candidate, or person traveling on behalf of a candidate, running for Federal, State, or local election, without having to comply with the rules in parts 121, 125 or 135 of this chapter, under the following conditions: (1) Your primary business is not as an air carrier or commercial operator; (2) You carry the candidate, agent, or person traveling on behalf of a candidate, under the rules of part 91; and (3) By Federal, state or local law, you are required to receive payment for carrying the candidate, agent, or person traveling on behalf of a candidate. For federal elections, the payment may not exceed the amount required by the Federal Election Commission. For a state or local election, the payment may not exceed the amount required under the applicable state or local law. (b) For the purposes of this section, for Federal elections, the termsandhave the same meaning as set forth in the regulations of the Federal Election Commission. For State or local elections, the termsandhave the same meaning as provided by the applicable State or local law and those terms relate to candidates for election to public office in State and local government elections. [Docket FAA-2005-20168, 70 FR 4982, Jan. 31, 2005]

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Oral Exam Questions a DPE Might Ask

Q1Can a private Part 91 operator legally accept money to fly a political candidate without holding a Part 135 certificate?

Yes, under FAR 91.321, provided the operator's primary business is not as an air carrier or commercial operator, the flight is conducted under Part 91, and federal, state, or local law requires the operator to receive payment for the carriage.

Q2Is there a limit on how much you can charge a candidate for the flight?

Yes. Per FAR 91.321, payment for federal elections cannot exceed the amount required by the Federal Election Commission, and for state or local elections it cannot exceed the amount required under the applicable state or local law.

Q3Who exactly can be carried under the FAR 91.321 exception?

FAR 91.321 covers a candidate running for federal, state, or local election, an agent of that candidate, or a person traveling on behalf of the candidate.

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