Why Part 135 Doesn't Actually Cover Your Charter Broker

The legal test that separates Part 91 from Part 135 is simple: any form of compensation, whether cash, a gift, or reimbursement for the cost of the flight, makes the flight commercial and subject to Part 135 rather than Part 91. This is why every private jet charter flight, regardless of the broker or operator involved, must be conducted under a Part 135 certificate.

Part 135's full name is Commuter and On-Demand Operations, and the distinction matters. On-demand charter, the kind Hogani Jets coordinates, means flights scheduled for a specific trip rather than a fixed, repeating route. Once an operator runs 5 or more round trips per week between the same two points on a published schedule, that service crosses into commuter operations, which layer in additional requirements closer to Part 121's scheduled-airline standards. Standard private jet charter stays on the on-demand side of Part 135 precisely because each trip is booked individually rather than sold as a recurring scheduled route.

Part 135 sets specific, numeric limits on how long a crew can fly and how much rest they must have beforehand, not a general fatigue guideline left to the operator's discretion.

On-demand Part 135 pilots must also receive at least 13 rest periods of at least 24 consecutive hours in each calendar quarter, and a rest period must be free of all duty to the operator. These are the specific rules a Part 135 operator is inspected against, not general best practices.

Part 135 sets requirements for pilot qualifications, aircraft maintenance schedules, operational procedures, and recurrent training specifically for on-demand commercial flights, a different risk and operating profile than either non-commercial Part 91 flying or the fixed, scheduled operations Part 121 covers. Part 135 operations are conducted under Instrument Flight Rules, and passengers are required to provide photo identification, unlike most Part 91 flights.

This is the single most important distinction for anyone booking a charter. The Part 135 certificate belongs to the direct air carrier, the company that owns or leases the aircraft and employs the pilots, not to the broker arranging the trip. 

Hogani Jets is an air charter broker and does not hold a Part 135 certificate; every flight coordinated through Hogani Jets is operated by a licensed Part 135 direct air carrier who retains full operational control of that flight. Ask any charter provider which specific operator, and which specific Part 135 certificate, is flying your trip.

Part 135 governs the operator; a separate DOT regulation, 14 CFR Part 295, governs air charter brokers directly. Part 295 requires brokers to disclose their broker status to clients, prohibits brokers from representing themselves as a direct air carrier, and sets specific requirements around how a broker advertises and arranges charter flights. 

Hogani Jets operates under Part 295 as a broker and coordinates every flight through a Part 135 operator; the two regulations apply to two different parties in the same transaction, and a client should understand which one applies to who they're actually speaking with.

Part 135 covers standard whole-aircraft charter, where a client books the entire aircraft. Some semi-private and per-seat charter services operate under a combination of Part 135 and Part 380, which governs public charter operations where individual seats, rather than a whole aircraft, are sold to separate passengers. Standard private jet charter, the kind Hogani Jets coordinates, operates under Part 135 alone.

Hogani Jets coordinates each charter through licensed Part 135 operators.

Contact Hogani Jets at charter@hoganijets.com or +1-855-660-0573.