A Part 91 pilot is someone flying a civil aircraft in U.S. airspace under the general operating and flight rules in Title 14 of the Code of Federal Regulations, Part 91. In plain terms, that means non-commercial flying: personal trips, flight training, corporate travel in a company-owned aircraft, and similar operations where the pilot is not selling transportation to the public. That one line, whether the flight is being offered to the public for pay, is what separates Part 91 from the stricter commercial rulebooks and shapes everything a Part 91 pilot can and cannot do.
What Kind of Flying Falls Under Part 91
Part 91 is the baseline rulebook for aircraft operations in the United States. It governs all civil aircraft within U.S. airspace, including over coastal waters out to three nautical miles from shore.1eCFR. 14 CFR 91.1 – Applicability Ultralights under Part 103 and small unmanned aircraft under Part 107 are handled separately, but essentially every manned airplane, helicopter, or glider falls under Part 91 unless a more specific regulation takes over.
The typical Part 91 flight is recreational flying, primary flight training, a corporation moving its own executives in its own airplane, aerial photography for personal use, or any other flight where transportation is not being sold to the public. Part 91 also functions as a floor underneath commercial operations: when an airline or charter flight is conducted, Part 121 or Part 135 layers additional requirements on top of the same Part 91 rules.
Part 91 Versus Commercial Operations
The line between Part 91 and commercial flying turns on a concept the FAA calls “holding out.” A common carrier holds itself out to the public as willing to transport people or property from place to place for compensation.2Federal Aviation Administration. Advisory Circular 120-12A – Private Carriage Versus Common Carriage of Persons or Property When all four elements are present, the operation must be conducted under Part 121 or Part 135, not Part 91.
A pilot can hold a Commercial Pilot Certificate and still operate under Part 91. The certificate describes the pilot’s qualifications; the operating part describes the nature of the flight. A corporate pilot flying the company’s own executives on company business is operating under Part 91, because the company is not offering transportation to the general public. The moment that pilot starts accepting money to fly members of the public, the flight is no longer a Part 91 operation.
Certificates a Part 91 Pilot Holds
For most personal Part 91 flights, the minimum credential is a Private Pilot Certificate. A private pilot can carry passengers and property but cannot do so for compensation or hire, with a handful of narrow exceptions written into the regulation itself.3eCFR. 14 CFR 61.113 – Private Pilot Privileges and Limitations: Pilot in Command
Those exceptions include pro rata cost-sharing with passengers, flights incidental to a pilot’s business or employment when no passengers or property are carried for hire, certain volunteer flights for charitable or community events, search and rescue missions directed by a government agency, and demonstrating an aircraft for sale if the pilot has at least 200 hours of flight time.3eCFR. 14 CFR 61.113 – Private Pilot Privileges and Limitations: Pilot in Command
Many Part 91 pilots add an Instrument Rating, which permits flight in weather conditions requiring navigation solely by cockpit instruments. Corporate Part 91 pilots often hold a Commercial Pilot Certificate, and those flying larger or more complex aircraft may hold an Airline Transport Pilot Certificate. The specific ratings required depend on the aircraft and the conditions of the flight.
Medical Certificates and BasicMed
A pilot exercising private pilot privileges under Part 91 needs at least a third-class medical certificate from an FAA-designated Aviation Medical Examiner. For pilots under 40 at the time of the exam, a third-class medical is valid for 60 calendar months. For pilots 40 or older, it expires after 24 calendar months.4eCFR. 14 CFR 61.23 – Medical Certificates: Requirement and Duration
BasicMed is the alternative many Part 91 pilots use. To qualify, a pilot must have held a valid FAA medical certificate at some point after July 14, 2006, and that certificate cannot have been denied, revoked, or suspended. Instead of an Aviation Medical Examiner, the pilot completes a physical exam with any state-licensed physician and finishes an online medical education course. A valid U.S. driver’s license is also required.5Federal Aviation Administration. FAA Updates BasicMed Program
BasicMed has operating limits. Pilots flying under BasicMed cannot fly above 18,000 feet or faster than 250 knots, and they cannot fly for compensation or hire. After changes in the FAA Reauthorization Act of 2024, BasicMed now covers aircraft with a maximum takeoff weight up to 12,500 pounds (previously 6,000) and allows up to six passengers (previously five).5Federal Aviation Administration. FAA Updates BasicMed Program For most single-engine and light twin-engine flying, it’s a simpler path to staying medically eligible.
Staying Current
Holding a certificate and a medical isn’t enough on its own. Every pilot must complete a flight review within the preceding 24 calendar months to act as pilot in command. The review is at least one hour of flight training and one hour of ground training with an authorized instructor, covering the current Part 91 rules.6eCFR. 14 CFR 61.56 – Flight Review Certain proficiency checks and training programs can substitute, but the 24-month clock applies to everyone.
Carrying passengers adds another layer. A pilot must have completed at least three takeoffs and three landings within the preceding 90 days to fly with anyone on board.7eCFR. 14 CFR 61.57 – Recent Flight Experience: Pilot in Command Miss that window and the pilot can still fly solo, but cannot legally take passengers until the takeoff and landing requirement is met again. For night flying with passengers, those three takeoffs and landings must have been performed at night.
Pilot-in-Command Authority
The single most important concept for any Part 91 pilot is this: the pilot in command is directly responsible for, and has final authority over, the operation of the aircraft.8eCFR. 14 CFR 91.3 – Responsibility and Authority of the Pilot in Command No dispatcher, aircraft owner, or passenger can override the pilot’s judgment about whether a flight is safe.
That authority comes with a safety valve. During an in-flight emergency requiring immediate action, the pilot in command may deviate from any Part 91 rule to the extent necessary to handle the situation.8eCFR. 14 CFR 91.3 – Responsibility and Authority of the Pilot in Command If the FAA asks, the pilot must submit a written report explaining the deviation. This freedom to break a rule when lives are at stake is written into the regulation itself, and it reflects how Part 91 differs from airline flying: the pilot is often the sole decision-maker, and the rules treat that pilot accordingly.
Preflight and Maintenance Duties
Before every flight, the pilot in command must become familiar with all available information concerning that flight. For flights leaving the local airport area or operating under instrument rules, this specifically includes weather reports and forecasts, fuel requirements, alternatives if the planned flight cannot be completed, and any known traffic delays. For every flight, the pilot must check runway lengths at the intended airports and confirm the aircraft can safely take off and land given weight, elevation, wind, and temperature.9eCFR. 14 CFR 91.103 – Preflight Action
Part 91 also places aircraft maintenance squarely on the owner or operator. Every aircraft must receive an annual inspection within the preceding 12 calendar months to remain legally airworthy. Aircraft used for hire or for paid flight instruction need additional 100-hour inspections.10eCFR. 14 CFR 91.409 – Inspections Between required inspections, the owner or operator must have any discrepancies repaired before further flight.11eCFR. 14 CFR 91.405 – Maintenance Required
A Part 91 pilot often wears all the hats. The pilot may be the owner, the maintenance coordinator, the weather briefer, and the flight planner in one person. That independence draws many people to general aviation, but it also means there is no organizational safety net catching oversights.
The Compensation Trap
The FAA defines compensation broadly: the receipt of anything of value. This catches pilots who assume only direct cash payments count. Reimbursement for fuel, meals, or lodging can qualify as compensation if the reimbursement is conditioned on the pilot operating the aircraft. Even logging flight time can be treated as compensation if the pilot isn’t otherwise paying operating costs.12Federal Aviation Administration. Legal Interpretation Regarding 14 CFR 61.23 and 61.113 (Randy Howell)
The test is whether anything of value changes hands specifically because the pilot is flying the airplane. If a friend buys dinner regardless of whether the pilot flew that day, that’s not compensation. If the dinner is because the pilot gave a ride, it is. Cost-sharing with a friend is legal under the pro rata rule, but the pilot must pay at least an equal share, and the shared costs are limited to fuel, oil, airport fees, and rental fees.3eCFR. 14 CFR 61.113 – Private Pilot Privileges and Limitations: Pilot in Command A pilot who collects money from passengers to cover the full cost of a trip while flying for free has crossed into compensation territory.
Alcohol, Drugs, and Fitness to Fly
No pilot may act as a crewmember within eight hours after consuming any alcoholic beverage, while under the influence of alcohol, while using any drug that impairs faculties in a way contrary to safety, or with a blood or breath alcohol concentration of 0.04 or greater.13eCFR. 14 CFR 91.17 – Alcohol or Drugs The 0.04 threshold is half the legal driving limit in most contexts.
The pilot also has a duty to refuse to carry any person who appears intoxicated or shows signs of drug impairment, except for a medical patient under proper care.13eCFR. 14 CFR 91.17 – Alcohol or Drugs Violations carry serious consequences, up to certificate suspension or revocation.
Equipment and Oxygen Rules
Every aircraft flown under Part 91 during the day under visual flight rules must carry a specific set of instruments and equipment, including an airspeed indicator, altimeter, magnetic compass, tachometer, oil and fuel gauges, seatbelts and shoulder harnesses for each occupant, and an emergency locator transmitter. Night and instrument flying each add further requirements to that baseline.14eCFR. 14 CFR 91.205 – Powered Civil Aircraft With Standard U.S. Airworthiness Certificates: Instrument and Equipment Requirements
Supplemental oxygen rules apply at higher altitudes. The flight crew must use oxygen when flying above 12,500 feet cabin altitude for more than 30 minutes, and continuously above 14,000 feet. All occupants must be provided oxygen above 15,000 feet. Pressurized aircraft operating at higher flight levels have additional emergency oxygen and crew mask requirements.15eCFR. 14 CFR 91.211 – Supplemental Oxygen