Federal Aviation Regulations Explained: Part 91, 107, and 135

The federal aviation regulations are the binding rules that govern flight in the United States, and they live in Title 14 of the Code of Federal Regulations under the heading “Aeronautics and Space.”1eCFR. Title 14 – Aeronautics and Space They cover who can fly, what they can fly, how the aircraft must be built and maintained, where and when flights are allowed, and what happens when a rule gets broken. Penalties run from warning letters to civil fines that reach six figures for individuals and seven for companies, plus certificate suspension or revocation.2Federal Aviation Administration. Legal Enforcement Actions

How to Read a Regulation Citation

Title 14 is split into chapters by agency. Chapter I belongs to the FAA and contains parts 1 through 199, which is where nearly every rule a pilot, mechanic, or operator will ever cite lives.1eCFR. Title 14 – Aeronautics and Space A citation like 14 CFR 91.113 breaks down cleanly: title 14, part 91 (general operating rules), section 113 (right-of-way).3eCFR. 14 CFR 91.113 – Right-of-Way Rules: Except Water Operations Parts are grouped into subchapters by subject: Subchapter D handles airman certification, Subchapter G covers commercial operators, and so on.

Alongside the regulations themselves, the FAA publishes Advisory Circulars that describe acceptable ways to meet a rule. They are not legally binding, but following the guidance is the safest route to demonstrating compliance.4Federal Aviation Administration. Advisory Circular System

Who Can Fly: Pilot Certification and Medicals

Part 61 sets out the requirements for pilot certificates and ratings. The tiers, in ascending order, are student, sport, recreational, private, commercial, and airline transport pilot. Each level unlocks more privileges and demands more time in the air. A commercial certificate requires at least 250 flight hours; airline transport pilot requires 1,500.5eCFR. 14 CFR Part 61 – Certification: Pilots, Flight Instructors, and Ground Instructors Every applicant must pass a written knowledge test and a practical test with an FAA-designated examiner. The certificate itself does not expire, but you have to keep completing flight reviews and stay current to legally exercise its privileges.

Medical Certificates

Flying without a current medical certificate voids your pilot privileges. Three classes match the flying you plan to do: first-class for airline transport pilots, second-class for commercial pilots, and third-class for private pilots.6Federal Aviation Administration. Medical Certification – Classes of Medical Certificates Pilots with a condition that would normally be disqualifying can apply for a Special Issuance, which sends the file to the FAA’s Aerospace Medical Certification Division for review and may come back with specific conditions attached.7Federal Aviation Administration. Special Issuances, AASI for All Classes

BasicMed

Since 2017, BasicMed has given many private pilots a way around the traditional FAA medical. You use a valid U.S. driver’s license along with a physical exam by any state-licensed physician and an online medical education course. You must also have held at least one FAA medical certificate after July 14, 2006. BasicMed limits you to aircraft weighing no more than 12,500 pounds with no more than six passengers, at altitudes at or below 18,000 feet and speeds of 250 knots or less, and only for non-compensated flights.8Federal Aviation Administration. BasicMed

Everyone Else on the Ground

Part 65 handles certification for air traffic control tower operators, aircraft mechanics, repairmen, aircraft dispatchers, and parachute riggers.9eCFR. 14 CFR Part 65 – Certification: Airmen Other Than Flight Crewmembers Mechanics earn an airframe rating, a powerplant rating, or both. Dispatchers have to prove they can put together flight plans, fuel calculations, and weather analysis. Working in any of these roles without proper certification exposes you to civil penalties and can permanently close off future licensing.

What Can Fly: Airworthiness and Maintenance

An aircraft design has to prove itself before it reaches the market. Part 21 covers the certification pipeline: a type certificate confirms the design can handle the stresses of flight, a production certificate authorizes the manufacturer to build copies under a documented quality system, and each individual aircraft off the line gets its own airworthiness certificate.10eCFR. 14 CFR Part 21 – Certification Procedures for Products and Articles

Once the aircraft is in service, Part 43 takes over. The core standard is that any maintenance must leave the aircraft in a condition at least equal to its original approved design. Most aircraft need an annual inspection, and aircraft used for hire also need a 100-hour inspection.11eCFR. 14 CFR Part 43 – Maintenance, Preventive Maintenance, Rebuilding, and Alteration Every inspection, repair, and alteration goes into the aircraft’s maintenance logs.

Airworthiness Directives

When the FAA finds an unsafe condition in a product already flying, it issues an Airworthiness Directive under Part 39. These are mandatory. Operating an aircraft that doesn’t meet an applicable AD is a violation each time it flies, even if the aircraft has been modified in the area the AD addresses.12eCFR. 14 CFR Part 39 – Airworthiness Directives If a manufacturer’s service bulletin conflicts with an AD, the AD wins. Owners who want to comply a different way have to get an Alternative Method of Compliance approved before flying, and moving an aircraft to a repair facility for AD work generally requires a special flight permit from the local Flight Standards District Office.

The Rulebook for Almost Every Flight: Part 91

Part 91 is the rulebook that touches nearly every flight in U.S. airspace, from student pilots practicing landings to corporate jets crossing the country.13eCFR. 14 CFR Part 91 – General Operating and Flight Rules It covers right-of-way, altitudes, equipment, and the split between visual and instrument flying.

Preflight

Before every flight, the pilot in command must become familiar with all available information concerning that flight. For anything beyond the local area, that means weather, fuel requirements, runway lengths, alternates, and any Notices to Air Missions along the route. Temporary Flight Restrictions catch a lot of unprepared pilots; the FAA investigates every reported TFR bust, with sanctions ranging from warning letters to certificate suspension.14Federal Aviation Administration. Temporary Flight Restrictions (TFRs)

VFR, IFR, and Fuel

Flight operations split into Visual Flight Rules and Instrument Flight Rules. VFR sets minimum visibility and cloud-clearance distances that vary by airspace class. In most controlled airspace below 10,000 feet, you need at least 3 statute miles of visibility and must stay 500 feet below, 1,000 feet above, and 2,000 feet horizontally from any cloud.15Federal Aviation Administration. Chapter 3. Airspace Below those minimums, you either stay on the ground or fly IFR, which requires an instrument rating and reliance on cockpit displays and ATC.

Fuel reserves are built into the rules. Airplanes flying VFR must carry enough fuel to reach the destination plus 30 minutes of reserve during the day and 45 minutes at night. Helicopters need 20 minutes of VFR reserve.16eCFR. 14 CFR 91.151 – Fuel Requirements for Flight in VFR Conditions IFR reserves are typically more conservative.

Airspace and Equipment

U.S. airspace is labeled A through G, with A the most restrictive and G the least. When designations overlap, the more restrictive rules apply.15Federal Aviation Administration. Chapter 3. Airspace Class A runs from 18,000 feet up to 60,000 feet and requires an IFR clearance at all times. Class B surrounds the busiest airports and needs an ATC clearance to enter. Classes C and D wrap smaller towered airports and require radio contact. E is general controlled airspace; G is uncontrolled.

Equipment scales with the airspace. Any airspace that requires a transponder also requires Automatic Dependent Surveillance-Broadcast (ADS-B) Out, which broadcasts position and identification to ATC and to other equipped aircraft.17Federal Aviation Administration. Airspace In practice, that means ADS-B Out is mandatory in Class A, B, and C, above Class B and C to 10,000 feet, and within the Mode C veil around major airports. Below 18,000 feet, you can meet the rule with either a Mode-S transponder-based system or a Universal Access Transceiver.

Alcohol and Drugs: Stricter Than You Expect

Under 14 CFR 91.17, no crewmember may fly within 8 hours of consuming any alcoholic beverage, and the blood alcohol limit is 0.04, half the standard driving limit in most contexts.18eCFR. 14 CFR 91.17 – Alcohol or Drugs Crewmembers also cannot fly under the influence of any drug that affects their faculties in a way contrary to safety. The FAA can require blood or breath test results taken within 4 hours of crewmember duty and use those results in enforcement or qualification proceedings. Pilots cannot carry passengers who appear intoxicated or drug-impaired, except for medical patients under proper care.

For commercial operations, Part 120 requires drug and alcohol testing programs for anyone in a safety-sensitive job: flight crews, flight attendants, mechanics, dispatchers, and ground security coordinators. Testing covers pre-employment, random, post-accident, and reasonable-suspicion scenarios, and it applies to full-time, part-time, temporary, and contract workers.19eCFR. 14 CFR Part 120 – Drug and Alcohol Testing Program

Drones: Part 107

Flying a drone for business puts you under Part 107. You need to be at least 16, pass an aeronautical knowledge test covering airspace, weather, regulations, and emergency procedures, and hold a Remote Pilot Certificate.20Federal Aviation Administration. Become a Certificated Remote Pilot Existing Part 61 pilots who have completed a flight review in the past 24 months can take a shorter training course instead. Remote Pilot Certificates renew through an online recurrent course every 24 months.

The operating rules: no higher than 400 feet above ground level (unless within 400 feet of a structure), no faster than 100 mph, no visibility below 3 statute miles.21eCFR. Operating Limitations for Small Unmanned Aircraft Keep the drone within visual line of sight, avoid flying over people who are not part of the operation, and yield to all manned aircraft.22Federal Aviation Administration. Small Unmanned Aircraft Systems (UAS) Regulations (Part 107) Flights are allowed from 30 minutes before sunrise to 30 minutes after sunset; twilight and nighttime work needs anti-collision lighting visible for 3 statute miles.

Registration and Remote ID

Any drone weighing 250 grams (0.55 pounds) or more must be registered with the FAA.23Federal Aviation Administration. Recreational Flyers and Community-Based Organizations Failing to register can result in civil penalties up to $27,500 and criminal penalties including fines up to $250,000 or imprisonment up to three years.24Federal Aviation Administration. Is There a Penalty for Failing to Register?

Registered drones must also comply with Remote Identification, which requires the drone to broadcast its ID and location in flight. Three ways to comply: fly a drone with built-in Remote ID, attach an aftermarket broadcast module to an older drone, or fly within an FAA-Recognized Identification Area where Remote ID equipment is not required.25Federal Aviation Administration. Remote Identification of Drones Part 107 pilots register each drone individually; recreational flyers can register once and cover all their aircraft under a single number.

Flying for Hire: Parts 119, 121, and 135

Any business that carries passengers or cargo for compensation needs an Air Carrier Certificate or Operating Certificate under Part 119, which requires demonstrating an adequate management structure, equipment, and safety program.26eCFR. 14 CFR Part 119 – Certification: Air Carriers and Commercial Operators From there, the operating rules split by the type of service.

Scheduled airlines operating domestic, flag, and supplemental routes fall under Part 121, the most demanding set of operating rules in civil aviation.27eCFR. 14 CFR Part 121 – Operating Requirements: Domestic, Flag, and Supplemental Operations Crew fatigue rules are one example of how detailed it gets: domestic flight crewmembers cannot be scheduled for more than 8 hours of flight time between rest periods, required rest before duty scales from 9 to 11 consecutive hours depending on scheduled flight time, and every crewmember gets at least 24 consecutive hours completely free from duty in every 7-day period.28eCFR. 14 CFR 121.471 – Flight Time Limitations and Rest Requirements: All Flight Crewmembers

On-demand charter flights and commuter airlines run under Part 135. The rules are lighter than Part 121 but well above what Part 91 requires of a private owner-pilot, with frequent audits and inspections plus tighter standards for maintenance, training, and crew duty time.29eCFR. 14 CFR Part 135 – Operating Requirements: Commuter and On Demand Operations

Hazardous materials by air add another layer, this one at 49 CFR Part 175. Airlines cannot accept hazmat unless it is properly classified, packaged, labeled, and documented, and employees who handle it must be trained.30eCFR. Carriage by Aircraft (49 CFR Part 175) Before departure, the pilot in command must receive written notice listing the proper shipping name, hazard class, quantity, and exact loading location of every hazardous item aboard. Lithium batteries get particular attention because of fire risk and must be segregated from flammable, explosive, and oxidizing materials.

Enforcement, Penalties, and Appeals

The FAA’s approach starts with a threshold question: was the violation intentional or reckless, or was it an honest mistake? Under the Compliance Program, deviations caused by flawed procedures, simple errors, or skill gaps are typically handled through corrective action rather than punishment, provided the person acknowledges the problem and implements fixes promptly. A compliance action does not count as a finding of violation.31Federal Aviation Administration. The Compliance Program

Formal enforcement kicks in for intentional acts, reckless conduct, unwillingness or inability to comply, repeated noncompliance, or situations where the violation reveals a fundamental lack of qualification. Civil penalties run from $1,100 to $75,000 per violation depending on the rule broken and whether the violator is an individual, an airman, a small business, or a larger entity. Maximum penalties reach $100,000 for individuals and $1,200,000 for companies, and certificate suspension or permanent revocation is on the table.2Federal Aviation Administration. Legal Enforcement Actions

The NASA Safety Report

One of the most valuable protections available to pilots is the Aviation Safety Reporting System, commonly called the NASA report. File within 10 days of an incident and you may avoid civil penalties and certificate suspension even if the FAA finds a violation occurred. The protection applies only when the violation was inadvertent, did not involve a criminal offense or accident, did not reveal a lack of competency, and you have had no other FAA enforcement actions in the previous 5 years.32Federal Aviation Administration. Advisory Circular 00-46E: Aviation Safety Reporting Program A finding of violation may still land on your record, but the teeth of the penalty are pulled. Experienced pilots file after any unusual event as standard practice.

Appealing a Suspension or Revocation

If you receive a suspension or revocation order, you can appeal to the National Transportation Safety Board. The case starts at the NTSB’s Office of Administrative Law Judges, where a judge holds a hearing and issues an initial decision.33National Transportation Safety Board. Description of the Airman Appeals Process Either side can appeal that ruling to the full five-member Board, which reviews the record and issues its own order. A certificate holder who still disagrees after the Board’s decision can take the case to a U.S. District Court or U.S. Court of Appeals.