FAA's new fractional ownership rules generating questions

July 10, 2003

Pilots and aircraft owners have been contacting AOPA's Pilot Information Center ever since the FAA issued its new fractional ownership rule ( FAR Part 91, Subpart K) with questions about how much they'll be affected. The good news is not very much.

"AOPA spent a great deal of time and effort to make sure that flying clubs, traditional management companies, and other forms of joint ownership would not fall under Subpart K," said AOPA Vice President of Regulatory Affairs Melissa Bailey. "We've prepared a regulatory brief that explains the ins and outs of the new regulation, but the bottom line is that unless the contract includes part-ownership in an aircraft and an assigned aircrew, it is not considered a fractional ownership arrangement under Subpart K."

Working in conjunction with other aviation groups, AOPA recommended that the proposed rule be changed to clearly state that the requirement to provide a professional flight crew defines a fractional ownership. In the preamble to the final rule, the FAA did just that, saying that it amended the rule to "clearly define the elements of a fractional ownership program to include the provision, furnishing, or contracting of crews and the training and qualification of crews and other personnel."

The new rule goes into effect on November 17, 2003.

03-4-045x