---
kind: "section"
citation: "14 C.F.R. § 91.1009"
title: "14"
number: "91.1009"
heading: "Clarification of operational control."
url: "https://uscodex.org/cfr/14/91.1009"
---

# §91.1009. Clarification of operational control.

- (a) **An owner is in operational control of a program flight when the owner—**
  - (1) Has the rights and is subject to the limitations set forth in [§§ 91.1003 through 91.1013](/cfr/14/91.1003..91.1013.md);
  - (2) Has directed that a program aircraft carry passengers or property designated by that owner; and
  - (3) **The aircraft is carrying those passengers or property.**
- (b) **An owner is not in operational control of a flight in the following circumstances—**
  - (1) A program aircraft is used for a flight for administrative purposes such as demonstration, positioning, ferrying, maintenance, or crew training, and no passengers or property designated by such owner are being carried; or
  - (2) **The aircraft being used for the flight is being operated under part 121 or 135 of this chapter.**

## Notes

### Source

Source: Docket FAA-2001-10047, 68 FR 54561, Sept. 17, 2003, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,44716, 44717, 44722, 44740, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508,47528-47531, 47534; Pub. L. 112-95, 126 Stat. 11; Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); sec. 828, Pub. L. 118-63, 138 Stat. 1330 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Civil Aviation, 61 Stat. 1180.