Do Part 91 Operators Need an SMS?

The short answer to the question “Do Part 91 operators need an SMS?” is that, in most cases, a Safety Management System is not legally required under FAA regulations for Part 91 operations. However, that answer alone is incomplete. While Part 91 operators are generally not subject to the mandatory SMS requirements found in 14 CFR Part 5, many business and corporate flight departments operate in ways that closely resemble commercial operations. As a result, SMS expectations often arise through oversight programs, contractual requirements, international operations, or risk management best practices rather than direct regulation.

Understanding whether a Safety Management System in business aviation is necessary, expected, or strategically advisable requires a closer look at how Part 91 operations differ from Parts 135 and 145, how SMS is defined under FAA and ICAO frameworks, and how SMS is applied in real-world corporate aviation environments.

What Is a Safety Management System in Business Aviation?

A Safety Management System is a formal, organization-wide approach to managing safety risk. It integrates safety policy, risk management, assurance, and promotion into daily operations. In business aviation, an SMS is designed to identify hazards, assess and mitigate risk, monitor safety performance, and promote a reporting culture that supports continuous improvement.

Under 14 CFR Part 5, SMS is structured around four core components: Safety Policy, Safety Risk Management, Safety Assurance, and Safety Promotion. These components establish accountability, define processes for managing risk, and ensure safety performance is actively monitored and improved over time. ICAO Annex 19 provides a similar framework at the international level and serves as the global baseline for SMS expectations.

For Part 91 operators, the absence of a direct regulatory mandate does not mean the absence of SMS principles. Many Part 91 flight departments already perform SMS-like activities, even if they do not label them as such.

Is SMS Required for Part 91 Operators Under FAA Regulations?

In general, the FAA does not require Part 91 operators to implement an SMS under Part 5. Mandatory SMS requirements apply to specific certificate holders, such as Part 135 operators, Part 121 air carriers, and Part 145 repair stations. Traditional Part 91 operations, including most corporate flight departments, are not included in this mandate.

However, there are important nuances. Certain specialized Part 91 operations, such as Part 91.147 air tour operators, are subject to SMS requirements. In addition, the FAA increasingly evaluates safety management practices during oversight activities, even when SMS is not formally required. This means that while a Part 91 operator may not be cited for lacking an SMS, the absence of structured safety processes can still raise concerns during audits, incident reviews, or program evaluations.

Why SMS Still Matters for Part 91 Operators

Business aviation operations often involve complex risk profiles. These can include international flying, high-utilization aircraft, demanding schedules, diverse crews, and operations into challenging airports. As operations grow in complexity, informal or reactive safety processes become less effective.

A Safety Management System in business aviation provides structure where informal systems fall short. It creates a consistent method for identifying hazards, evaluating risk, and documenting decisions. For Part 91 operators, this structure supports safer operations, clearer accountability, and improved decision-making without requiring the overhead associated with airline-scale compliance programs.

SMS also helps bridge the gap between regulatory minimums and operational reality. Many corporate operators interact with vendors, management companies, and customers who expect SMS-aligned practices, even when regulations do not explicitly require them.

How Part 91 Differs From Part 135 and Part 145

Understanding the difference between Part 91 and other operating rules is essential when evaluating SMS needs.

Part 135 operators are required to implement an SMS under Part 5. Their systems must meet defined regulatory standards and are subject to ongoing FAA oversight. This includes formal documentation, defined safety performance indicators, and continuous monitoring.

Part 145 repair stations are also subject to SMS requirements, though their focus is on maintenance safety, human factors, and process control rather than flight operations.

Part 91 operators, by contrast, have greater flexibility. They are not required to follow Part 5 structures verbatim. This flexibility allows SMS to be scaled to the size, complexity, and risk profile of the operation. However, it also means there is less prescriptive guidance, which can lead to confusion or inconsistent implementation.

Common Triggers That Drive SMS Adoption in Part 91 Operations

While regulations may not require SMS, many Part 91 operators adopt one due to external or operational pressures.

International operations are a common driver. ICAO Annex 19 establishes SMS as a global standard, and foreign civil aviation authorities may expect evidence of safety management practices when approving operations into their airspace.

Contractual expectations also play a role. Large corporate clients, charter partners, and management companies may require SMS elements as part of contractual agreements or risk assessments.

Insurance considerations can influence decisions as well. Insurers increasingly view structured safety programs as indicators of operational maturity, which can affect underwriting decisions or premiums.

Finally, growth and complexity often prompt SMS adoption. As flight departments expand, add aircraft, or operate across multiple regions, informal safety practices become difficult to sustain.

What SMS Looks Like in Real-World Part 91 Operations

In practice, SMS implementation for Part 91 operators is often pragmatic and tailored. A hazard reporting process may be introduced to capture safety concerns from pilots, maintenance personnel, and support staff. Risk assessments may be conducted for new routes, airports, or operational changes. Safety meetings may be formalized, with documented outcomes and follow-up actions.

Unlike Part 135 programs, these systems do not need to mirror regulatory templates. The goal is effectiveness rather than compliance. Documentation should support decision-making, not exist solely for audit purposes.

A well-designed Safety Management System in business aviation integrates with existing operational processes. It supports flight planning, maintenance coordination, and training rather than operating as a standalone program.

Common Misunderstandings About SMS for Part 91

One common misconception is that SMS is an all-or-nothing commitment. In reality, SMS can be implemented incrementally. Operators can start with hazard identification and risk assessment and expand over time.

Another misunderstanding is that SMS is only useful for large departments. Smaller flight operations often benefit the most, as SMS provides clarity and consistency without relying on institutional memory or informal communication.

Some operators believe SMS is purely administrative. When implemented poorly, this can be true. When implemented correctly, SMS supports operational decisions and improves safety outcomes without adding unnecessary workload.

What “Good” Looks Like for a Part 91 SMS

A well-functioning SMS for a Part 91 operator is proportional to the operation. Roles and responsibilities are clearly defined, even if individuals wear multiple hats. Hazards are reported without fear of reprisal, and reports lead to action rather than sitting in a database.

Risk decisions are documented, particularly for higher-risk activities. Safety performance is reviewed periodically, and trends are discussed openly. Training reinforces safety expectations and ensures personnel understand their role in the system.

Most importantly, SMS is used consistently. It informs decisions during normal operations, not only after incidents.

The Role of Technology in Supporting SMS

Technology plays an important supporting role in modern SMS implementations. Digital tools can simplify hazard reporting, standardize risk assessments, and make safety data easier to analyze. For Part 91 operators, technology reduces administrative burden and helps maintain consistency, especially when personnel or schedules change.

Modern SMS platforms also support data visibility. Trends can be identified earlier, corrective actions can be tracked, and safety performance can be reviewed with greater clarity. When used appropriately, technology enhances the effectiveness of SMS without dictating how safety must be managed.

Looking Ahead for Part 91 Operators

While SMS is not broadly mandated for Part 91 operators today, expectations continue to evolve. Regulatory agencies, insurers, and industry stakeholders increasingly view safety management as a baseline for professional operations. As business aviation grows more complex and interconnected, structured safety management becomes less optional in practice, even if it remains optional in regulation.