Is your private flight legal? How to check before you fly

When you pay to fly on a private jet in the US, the flight should be operated by a company holding an FAA Part 135 certificate. That's the rulebook for charter: it sets higher standards for pilots' training and rest, maintenance and oversight than private flying does. Unfortunately, some flights are sold by people who don't have one. This is called illegal charter, and it's more common than you'd think.

Part 135 vs Part 91, in plain English

• Part 91 covers private flying: an owner flying their own plane, or a company flying its own executives. In general, nobody can sell you a ride under Part 91, apart from a few narrow exceptions.
• Part 135 covers on-demand charter: flying people for money. The operator holds an FAA certificate and a set of operations specifications listing exactly which aircraft, pilots and types of flying it's approved for.

The FAA decides which rules apply by asking who has operational control: who picks the pilots, maintains the aircraft and carries the liability. If you're paying for the flight, that company needs to be a certificated operator.

Why illegal charter matters to you

It's not just paperwork. On an illegal flight:

• Pilots may not meet charter training, testing and rest requirements.
• Maintenance may not meet charter standards.
• Insurance may refuse to pay after an accident, because the flight wasn't what the policy covered.
• Passengers can even end up facing tax liability.

The FAA does go after illegal operators. In one case, in August 2021, it proposed $1.2 million in penalties against five companies at once, for flying without a certificate, untrained pilots and missing operations specifications. For the companies and people running illegal flights, penalties can include losing a certificate and, in serious cases, prison.

Red flags to watch for

Be careful if any of these come up:

• No certificate number for the operator, or they won't share it.
• Separate bills for "the aircraft" and "the pilot" (a classic way to disguise a charter as a lease).
• No federal excise tax on the invoice. Legal domestic US charters normally charge the 7.5% tax.
• A price far below every other quote for the same trip.
• Being asked to tell anyone at the airport that you're "friends" with the owner, or coached on what to say.
• Words like "flight sharing," "air sharing," "time sharing" or "leasing" used to sell you a seat or a flight.

How to check an operator

1. Ask for the operator's legal name and Part 135 certificate number. A legitimate broker or operator will give it to you without fuss.
2. Ask whether your specific aircraft is on that certificate. An operator can be legal while a particular plane isn't authorized for charter.
3. Check the FAA's public list of Part 135 operators and aircraft. Note: the FAA took this list offline in February 2026 to correct errors and restored it around May 2026, but it still contains some outdated entries. Treat it as a helpful check, not the final word.
4. When in doubt, call the local FAA office (Flight Standards District Office, FSDO) or use the FAA's illegal charter hotline.

What a charter broker must tell you

Many companies that sell private flights, Summit Jet included, are air charter brokers: they arrange your flight with a certificated operator rather than flying the aircraft themselves. That's completely legal and common, and the US Department of Transportation regulates it under 14 CFR Part 295. Under those rules a broker must:

• Say clearly in its advertising and website that it's a broker, not the operator, and that the flight will be operated by a properly licensed carrier.
• Tell you before you sign the operator's name, the role the broker is playing, and whether it carries liability insurance covering you (and the limits).
• On request, tell you about any business relationship with the operator, the total price including taxes, and any third-party fees you'll pay directly.

If key information is unknown and the broker can't provide it in time, you're entitled to cancel for a full refund.

What about safety ratings?

Some operators also pay for voluntary third-party safety audits. You'll see these names:

• ARGUS: ratings from Gold (a desk review of records) up to Platinum, which involves an on-site audit.
• Wyvern: "Wingman" certifications based on its own safety standard.
• IS-BAO: an international business aviation standard with three stages, from "safety system in place" to "fully built into the culture."

These ratings are a good extra sign. But a rating is on top of the FAA certificate, not instead of it.

Questions & answers