Question on applicability of FAR 91 Subpart K

[TexasT]

Good day, and thank you for your time!

FAR 91.1001 describes the applicability of Subpart K to Part 91 as rules 'in addition to those prescribed in other subparts of this part (I'm assuming namely Subpart F re: Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft), that apply to fractional owners and fractional ownership program managers...'

So, I get the premise of Subpart K. However, I'm having trouble finding anything within Subpart K itself that would exclude single-engine piston-powered birds managed by a franctional ownership or lease firm from falling into the realm of the Subpart. Meanwhile, every 'Aviation Law for Dummies' resource I have mentions companies as Airshares as being exceptions to Subpart K, as they work with Cirrus airplanes. Where is the technicality, here, that excludes someone like Airshares' operation from falling into K?

I feel like I'm missing something big here. But I've been over the regulation and seem to be getting conflicting information or, possibly, just confusing myself. Any wisdom is appreciated. Thanks and take care!

 

[MidlifeFlyer]

I'm not aware of anything in 91K or the associated guidance that excludes piston aircraft from its reach. And yes, I've seen things that also mention turbine as one of the reasons.

Companies like AirShares are not subject to 91K for a different reason.

First, forget what the normal English word "fractional" means; the FAA has in fact suggested to companies like AirShares stop using the term "fractional" since the regulatory term doesn't apply to them.

There are others, but the primary defining difference in "fractional ownership programs" is that the aircraft renter/lessee is not a pilot who is leasing the airplane to fly it. The fractional owner is a non-pilot (typically a company) that is going to use professional crew, specifically trained and qualified for the purpose, for the flights. AirShares is more of a "flying club" or other pilot co-ownership arrangement, utilizing outside management. The Airshares owners are pilots who are using the aircraft for personal or business use.

91K is one of the more difficult parts of the regs to read. AC 91-84 helps a bit.

 

[PilotDefenseAttorney]

The distinction lies not so much in the use of single engine airplanes as in the structure of the organizations. They are not "fractional" operations as used in Subpart K. Keep in mind, in Airshares and similar operations, the pilot flies his own "shared" airplane. A very different scenario than a NetJets situation. (And I just saw MidlifeFlyer posting as I was writing this so and his answer is spot on)

 

[TexasT]

Thank you, kindly, for the insight. Very helpful!