Part 135 Operational Control: Who Is Responsible and How to Document It

Operational control is the exercise of authority over initiating, conducting, or terminating a flight. Under 14 CFR 1.1 and 135.77, the certificate holder bears this responsibility for every flight conducted under their certificate.

This is not a theoretical concept. It determines who is legally responsible when things go wrong — and it is the basis for the FAA's enforcement against illegal charter operations.

The certificate holder is responsible for operational control of the flight — this includes dispatch authority, go/no-go decisions at the organizational level, crew assignment, and aircraft airworthiness verification.

The PIC has final authority for the safe operation of the flight once dispatched. This includes the authority to refuse a flight for safety reasons. These authorities complement each other but do not overlap.

Aircraft management agreements are where operational control questions become complex. When a certificate holder manages aircraft for an owner, the certificate holder must maintain operational control — meaning the owner cannot direct crew scheduling, route selection, or flight operations.

If a management agreement allows the owner to override the certificate holder's operational decisions, the arrangement may not be a valid Part 135 operation. Have your aviation attorney review every management agreement for operational control clarity.

For more on illegal charter risks, see our guide to operational control and FAA enforcement.

Your GOM must clearly define: who has dispatch authority and under what conditions, the flight release process, who can cancel or divert flights, crew duty assignment authority, and how operational control is maintained during all phases of operation.

Document the operational control chain for every flight — from initial dispatch through flight completion. This evidence is your primary defense if operational control is ever questioned.

The NTSB has recommended that the FAA require certificated dispatchers for Part 135 operations, similar to Part 121 requirements. While not yet mandated, this recommendation signals a regulatory direction that operators should prepare for.

Even without a mandate, implementing structured dispatch procedures with documented operational control decisions strengthens your compliance posture and safety management.