The existing backlog that blankets the FAA has frustrated everyone registering private aircraft in the United States. Additionally, those wanting to take flight as Part 91 operators are discouraged by the backlog of obtaining Letters of Authorization LOAs. What was a two to four-week process before COVID-19 could now average well over a year.
Although there is no end in sight to the increased demand for private aircraft, the understaffing of the FAA and the backlog of LOA approvals, owners and operators seeking to engage in flight activity sooner can benefit from switching from operating under Part 91 to Part 135.
Why move to Part 135?
Part 135 operators may engage in commercial operations, while Part 91 operators focus on private and company-owned aircraft. Instead of facing the backlogged LOA process, some operators may consider leasing their aircraft to a 135 operator so that it can be added to the operator’s OpSpecs. This workaround may get owner-operators flying sooner.
The FAA did make moves to streamline the process for LOA approvals; however, this process primarily benefited the new aircraft market. With the increased demand for used aircraft, the new streamlined process has not benefited many looking to purchase used aircraft.
Of course, additional costs are associated with Part 135 operations, such as higher fees, maintenance costs and crew training. Buyers should be especially aware of any conformity costs that may apply when trying to add a pre-owned aircraft to a 135 operator’s OpSpecs when such aircraft has been operating under Part 91 for most of its operating life. The costs to switch to Part 135, in this case, can be costly.
But moving to Part 135 also offers more benefits to owner-operators than simply receiving FAA authorizations quicker, including discounted insurance, third-party charter income, discounts on fuel and liability protection. Additionally, working with a large and established 135 certificate holder could improve the aircraft ownership experience by leveraging scale to tackle modern issues in training availability, component and materials shortages, crew recruitment and retention.
Although moving to Part 135 may not be the right choice for every owner-operator, Andrea Villa of Harper-Meyer has helped several clients move forward with the FAA’s operating approval process by making the switch. “Especially with clients with global operations, moving to Part 135 has been beneficial,” Villa said. The switch has provided the added benefit of shortening the certification process, getting these clients operating their equipment the way they envisioned when they purchased the aircraft.”
Avoiding more delays
Looking for some relief from the FAA backlog, some may cut corners to work around the LOA obtainment process, but this practice is not recommended. If you receive advice that there is a quick fix to getting your FAA special authorizations, there is a good chance this opportunity is untrue and may lead to significant delays once enforcement discovers the loopholes.
The FAA has anticipated and witnessed an uptick in illegal operations and has stepped up its efforts on LOA enforcement. If caught flying without the proper authorizations, violations can cost owner-operators dearly, including starting the LOA process from the beginning and wasting significant time the aircraft could be operating.
Tips
The LOA backlog doesn’t look to be ending anytime soon, despite conversations groups such as NAFA, NBAA and GAMA have had with the FAA and the FAA’s request for an increased budget to handle the backlog and understaffing.
To alleviate the process, it’s a good idea for owner-operators to begin the process of approvals as soon as possible. Business aviation professionals that work with the registration process daily are an invaluable source to navigate the delays and are equipped with the latest developments at FAA offices and specific registering officers.
Conclusion
The backlog of obtaining LOAs at the FAA has become frustrating for those operating Part 91 aircraft. With the process possibly taking well over a year, individuals are encouraged to explore the potential benefits associated with Part 135 operations, as this switch may benefit owners and operators seeking to engage in flight activity sooner.
Starting the approvals process as early as possible is recommended to ease the burden. Business aviation professionals who work with aircraft registration on a daily basis can be invaluable resources to navigate the delays appropriately and get aircraft operating as quickly as possible.