(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;
(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.
authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 47534; Pub. L. 114-190, 130 Stat. 615 (
49 U.S.C. 44703 note); Sec. 828 of 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), (126 Stat. 11)
cite as: 14 CFR 91.1009