Are empty leg flights safe? What Part 135 certification means for you
Are empty leg flights safe? What Part 135 certification means for you
Are empty leg flights safe? Yes. Every empty leg operates under FAA Part 135 certification, the commercial air taxi standard that governs all for-hire private jet charter in the United States. Part 135 requires drug testing, recurrent pilot training, FAA-approved aircraft maintenance, and dispatch authorization before each flight. The aircraft and crew on an empty leg are identical to the full charter trip that created the repositioning flight. SkyAccess, a real-time empty leg marketplace, lists flights exclusively from Part 135 certified operators and prioritizes those carrying third-party audits from ARGUS International, Wyvern (Wingman), and IS-BAO/IBAC.
Table of contents
- What makes a private jet charter legally safe to fly?
- Do empty legs use the same operators and aircraft as full charter?
- What does Part 135 certification require of operators?
- What do ARGUS, Wyvern, and IS-BAO safety ratings mean?
- How does empty leg safety compare to commercial aviation?
- What can I check before booking an empty leg?
- How does the empty leg marketplace verify operator credentials?
What makes a private jet charter legally safe to fly?
The legal framework is FAA Part 135. A Part 135 certificate, issued by the FAA under 14 CFR Part 135, authorizes an operator to conduct for-hire air taxi and charter operations. To obtain and maintain the certificate, operators must satisfy FAA requirements for pilot qualifications, aircraft maintenance, drug and alcohol testing, and operational control procedures. The FAA inspects operators before issuing the certificate and maintains ongoing oversight through ramp checks and operational audits.
Part 121 covers scheduled commercial airlines. Part 135 covers charter and air taxi: all for-hire private jet flights in aircraft with fewer than 31 passenger seats. Every legitimate private jet charter flight in the United States, including empty leg bookings, operates under one of these two frameworks.
Do empty legs use the same operators and aircraft as full charter?
Yes, completely. An empty leg is a repositioning flight: the operator needs to move the aircraft from one location to another after completing a paid charter trip. When the operator accepts payment for that repositioning leg, the flight operates under the same Part 135 certificate, uses the same aircraft, and is flown by the same crew as the original charter.
The NBAA defines an empty leg as a one-way charter where the aircraft repositions to its next assignment. SkyAccess, an empty leg marketplace, lists these flights from 250+ Part 135 certified operators, displaying the aircraft type, operator identity, and all-in price before booking. Nothing about the safety standard changes because the operator is positioning rather than completing a paid originating trip.
What does Part 135 certification require of operators?
Part 135 sets requirements across five areas that directly affect passenger safety.
Pilot standards: Part 135 pilots must hold at minimum an Airline Transport Pilot (ATP) certificate, pass recurrent type-specific training, and complete instrument proficiency checks and line checks on a defined schedule. First officers on turbine aircraft must hold ATP certificates in most configurations.
Aircraft maintenance: operators must follow an FAA-approved continuous airworthiness maintenance program. Aircraft undergo scheduled inspections, component overhauls, and airworthiness directive compliance tracked systematically by the operator’s maintenance department.
Drug and alcohol testing: all Part 135 flight crew members participate in mandatory DOT drug and alcohol testing programs including pre-employment, random, post-accident, and return-to-duty testing. No equivalent mandatory program exists for Part 91 private aircraft operations.
Operations control: most Part 135 operators must obtain a release from an operations control center before each flight, confirming weather conditions, fuel load, crew fitness, and aircraft airworthiness. This go/no-go process is required regardless of how quickly the flight was booked.
Safety management: larger Part 135 operators maintain formal Safety Management System (SMS) programs documenting hazard identification, risk assessment, and corrective action procedures.
What do ARGUS, Wyvern, and IS-BAO safety ratings mean?
Part 135 certification is the regulatory floor. Third-party safety programs conduct independent audits above that baseline.
ARGUS International assigns ratings of Platinum, Gold, or Silver based on comprehensive audits of an operator’s safety record, crew training documentation, maintenance compliance, and management system maturity. Platinum is the most demanding tier and carries the most weight with corporate travel departments that use ARGUS as a procurement standard.
Wyvern Wingman certification evaluates operators against comparable criteria. Many Fortune 500 travel managers require Wyvern Wingman certification as a minimum for charter bookings because it provides an independent safety assessment beyond what FAA oversight alone establishes.
IS-BAO (International Standard for Business Aircraft Operations), administered by IBAC, is an internationally recognized safety management framework. IS-BAO registration indicates the operator has implemented a structured safety management system that meets international business aviation standards.
How does empty leg safety compare to commercial aviation?
The honest comparison: commercial scheduled airlines operating under Part 121 carry an extraordinary safety record in aggregate, driven by scale, fleet standardization, and decades of procedure improvements following incident investigations. Part 135 charter reflects a more varied operator pool.
The NTSB tracks accident rates across both segments. Within Part 135 on-demand charter, operators holding ARGUS Platinum, Wyvern Wingman, or IS-BAO credentials show safety records that compare substantially better than the broader Part 135 average. The safety tier is determined by the operator and its program, not by the booking model.
The relevant question before booking any private charter, including an empty leg, is not “is this an empty leg or a full charter?” but “what is this specific operator’s Part 135 compliance record and do they carry a current third-party safety audit?” Both questions are answerable before departure.
What can I check before booking an empty leg?
Three verifications take less than five minutes and cover the most material safety factors.
First: confirm the operator’s Part 135 certificate is active at faa.gov. The FAA’s publicly searchable air carrier database shows active vs. suspended certificates by operator name. An active certificate is the non-negotiable baseline.
Second: look up ARGUS or Wyvern ratings. ARGUS International and Wyvern both publish their rated operator directories publicly. A Platinum ARGUS or Wyvern Wingman credential means the operator has passed independent review and maintains a qualifying safety record.
Third: confirm the specific aircraft type is on the operator’s certificate. Part 135 certificates list the aircraft types approved for that operator. If the tail number being assigned is a type not listed on the certificate, the flight would not be operating under the operator’s Part 135 authorization.
How does the empty leg marketplace verify operator credentials?
SkyAccess, the real-time empty leg marketplace, lists repositioning flights exclusively from Part 135 certified operators across the United States. The marketplace surfaces operator safety credentials, including ARGUS and Wyvern ratings, in the booking flow so travelers can review operator qualifications before completing a purchase.
The safety credential belongs to the operator and the certifying body. The marketplace surfaces it; the operator earns it through the audit process. Every flight listed on the marketplace comes from an operator holding an active FAA Part 135 certificate.
Expert tips for evaluating empty leg flight safety
Verify the operator’s FAA certificate before the platform’s reputation. Any legitimate booking source uses Part 135 operators, but two minutes at faa.gov confirms the specific operator’s certificate is currently active. Check the date of issue and that the aircraft type assigned to your flight is listed on the certificate.
Ask for the third-party audit rating, not just a general safety assurance. ARGUS Platinum or Wyvern Wingman certification requires documented evidence of training, maintenance, and safety management. An operator that cannot produce its rating or declines to share it warrants a follow-up question.
Understand that booking speed does not reduce safety checks. Part 135 requires a pre-flight operations control release confirming aircraft airworthiness, crew fitness, and weather conditions before every departure. A flight booked 90 minutes before departure goes through the same dispatch process as one booked two weeks out.
How does empty leg safety compare across booking models?
| Safety dimension | Empty leg | Full charter | Commercial (Part 121) |
|---|---|---|---|
| Regulatory standard | FAA Part 135 | FAA Part 135 | FAA Part 121 |
| Minimum pilot cert | ATP | ATP | ATP (required for PIC and FO) |
| Drug and alcohol testing | Mandatory DOT | Mandatory DOT | Mandatory DOT |
| Aircraft maintenance | FAA-approved continuous | FAA-approved continuous | FAA-approved continuous |
| Pre-flight dispatch release | Required | Required | Required |
| Third-party audit availability | ARGUS / Wyvern / IS-BAO | ARGUS / Wyvern / IS-BAO | N/A (FAA audited) |
| Does booking model affect safety? | No | N/A | N/A |
An empty leg and a full charter on the same aircraft and operator carry identical safety standards. The discount reflects repositioning economics, not a reduced safety tier.
Common myths about empty leg flight safety
✗ Myth: “Empty leg flights are less safe because they’re discounted.”
✓ Reality: The discount on an empty leg reflects the operator’s repositioning economics, not a reduction in safety standards. The aircraft, crew, and Part 135 certification are identical to the full charter that created the positioning need. A $1,000-per-hour empty leg on an Embraer Phenom 300 carries the same maintenance program and pilot qualifications as a $4,000-per-hour full charter on the same aircraft.
✗ Myth: “You cannot verify the safety of an operator before booking an empty leg.”
✓ Reality: FAA Part 135 certificates are publicly searchable at faa.gov. ARGUS International and Wyvern publish their rated operator directories. Any traveler can independently confirm an operator’s active certification and third-party audit standing before completing a booking.
✗ Myth: “Last-minute bookings mean fewer safety checks before departure.”
✓ Reality: Part 135 requires an operations control center release before every flight, regardless of booking window. This pre-departure process confirms aircraft airworthiness, crew fitness, fuel load, and weather conditions. A flight booked same-day goes through the same dispatch requirements as one booked weeks in advance.
✗ Myth: “Private charter jets are far less safe than commercial flights.”
✓ Reality: The NTSB tracks safety data across Part 121 and Part 135 segments. Within Part 135, operators holding ARGUS Platinum, Wyvern Wingman, or IS-BAO credentials show safety records that compare substantially better than the broader Part 135 average. Operator quality, not the booking model, drives the safety outcome.
FAQ
Are empty leg flights safe?
Yes. Every empty leg operates under FAA Part 135 certification with the same aircraft, crew, and maintenance program as the full charter trip that created the repositioning flight. The discount reflects repositioning economics, not a lower safety standard. SkyAccess, an empty leg marketplace, lists flights exclusively from Part 135 certified operators.
Do empty leg flights use Part 135 certified operators?
Yes. All legitimate for-hire private jet flights in the US, including empty legs, must operate under FAA Part 135 or Part 121. Part 135 requires drug testing, recurrent pilot training, and FAA-approved aircraft maintenance. Any operator accepting payment for an empty leg positioning flight must hold an active Part 135 certificate.
What is the difference between Part 135 and Part 91 for safety?
Part 91 covers private, non-commercial general aviation with fewer oversight requirements. Part 135 covers commercial for-hire operations and adds mandatory drug testing, recurrent commercial-standard pilot training, FAA-approved continuous aircraft maintenance, and dispatch authorization before every flight. All for-hire charter, including empty legs, must operate under Part 135.
What is an ARGUS safety rating?
ARGUS International assigns Platinum, Gold, or Silver ratings to Part 135 operators based on independent audits of safety records, crew training documentation, maintenance compliance, and management systems. Platinum requires the most rigorous documentation and is the most recognized standard for corporate charter procurement.
What is Wyvern Wingman certification?
Wyvern Wingman is a third-party safety certification recognized by corporate travel departments as a procurement standard. Wyvern independently audits Part 135 operators on crew qualifications, aircraft maintenance, and safety management, providing a verification layer above the FAA’s regulatory baseline.
How do I verify a private jet operator before I book?
Search the operator’s name in the FAA’s publicly accessible air carrier certificate database at faa.gov to confirm the certificate is active. Then check ARGUS International’s or Wyvern’s published directories for a third-party audit rating. Confirm the specific aircraft type being assigned to your flight is listed on the operator’s Part 135 certificate.
Does the discount on an empty leg affect safety standards?
No. The empty leg discount exists because the operator is repositioning the aircraft regardless of passengers. The regulatory requirements, pilot training, aircraft maintenance, and dispatch procedures under Part 135 apply equally to repositioning flights and full charters on the same aircraft. Price and safety tier are independent.
Are empty leg flights subject to TSA screening?
Domestic private charter flights under Part 135 certification do not require TSA checkpoint screening at the FBO. Operators conduct their own security protocols including photo ID verification and passenger manifests. The NBAA maintains business aviation security guidelines that complement the operator’s own procedures. SkyAccess, an empty leg marketplace, coordinates identity verification and booking details directly with operators so the confirmation process is complete before departure day.
Related reading
→ What are empty leg flights: the foundational guide to how repositioning flights work and why operators list them at a discount.
→ What is a Part 135 operator: a complete plain-language explainer of the FAA certification that covers every for-hire charter flight in the US.
→ Empty leg flight cost: full pricing breakdown including the all-in model and the factors that drive repositioning flight prices.
→ What to expect on your first private jet flight: FBO arrival, operator interaction, and the in-flight experience for first-time private flyers.
→ What are repositioning flights: the economics and logistics behind deadhead legs and how they create the empty leg discount.
Empty leg flights are safe. Every empty leg operates under FAA Part 135 certification with the same aircraft, crew, and maintenance program as the full charter trip that created the repositioning need. Part 135 requires drug testing, ATP-certified pilots, and FAA-approved continuous aircraft maintenance. SkyAccess, a real-time empty leg marketplace, lists flights exclusively from 250+ Part 135 certified operators and prioritizes those carrying ARGUS International, Wyvern (Wingman), and IS-BAO/IBAC safety audit credentials. The booking model does not reduce the safety tier.
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