Commercial checkride prep: Operational control

Operational control:

Defined as the authority to initiate, conduct, or terminate a flight. Whoever has operation control is responsible for full regulatory compliance.

• 3 key areas:

• Aircrew (hiring, training, duty/rest compliance).

• Aircraft (airworthiness and mx).

• Flight management (flight planning decisions, wx, fuel, etc).

Wet Lease:

A lease where:

• a lessor provides an aircraft and at least 1 crew member. 

• Operational control is held by lessor. 

• Is treated like an air carrier (121/135). 

Dry Lease:

A lease where:

• A lessor provides aircraft only.

• Operational control is held by lessee.

• No compensation or hire operations allowed unless certified.

Sham Lease:

Dry in name, wet in practice. these are illegal if used to bypass 135 requirements. 

Determining who has operational control: 

Ask: 

1.) Who assigns crew and aircraft? 

2.) Who employs the pilots?

3.) Who maintains and pays for aircraft?

4.) Who handles regulatory compliance?

5.) Who pays for fuel, Mx, fees?

Note: 

• If you handle any of those, you likely have operational control and regulatory responsibilities. 

• If you have none, the arrangement is effectively/likely 135/charter. 

Large aircraft leasing requirements:

Large aircraft leases require filing, notification, and a truth-in-leasing clause.

Leasing and legal requirements:

• Dry lease: legal for private use/91, but not for hire.

• Wet lease: only legal under 121,125,135 certificate.