When Exclusive Use Really Means Exclusive Use

FAAIn a recent legal interpretation, the FAA weighed in on the requirement that a Part 135 operator have “exclusive use” of at least one aircraft that meets the requirements for at least one kind of operation authorized in the certificate holder’s operations specifications.  [14 C.F.R. 135.25(b)].  The legal interpretation analyzed a scenario where the Part 135 operator’s exclusive use aircraft is owned by a limited liability company which also uses the aircraft to conduct Part 91 operators.  Distinguishing this aircraft use from aircraft shared solely between Part 135 operators, the FAA reiterated that the term “exclusive use” means “the sole possession, control,and use of the exclusive use aircraft.”  The FAA concluded that allowing a Part 135 operator’s exclusive use aircraft to be shared with Part 91 operations would render the Part 135 operator’s use non-exclusive and, therefore, in violation of the regulations.