Who Is Now Required to Have an SMS?

The updated rule applies to:

• Part 135 operators (on-demand and commuter)

• Part 91.147 air tour operators

• Certain Part 21 aircraft manufacturers

• Part 121 airlines (additional SMS updates)

• Organizations in the SMS Voluntary Program (SMSVP)

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What About the SMS Voluntary Program?

The SMSVP is still available for operators not required by regulation to have an SMS. However, to stay in the program, you must align with Part 5 by May 28, 2025.

This includes:

• Part 61 flight schools

• Part 91K fractional ownership

• Part 105 parachute ops

• Part 107 UAS

• Part 137 UAS (ag aircraft)

• Part 141, 142, 145, and 147 certificate holders

• LHFE (Living History Flight Experience)

• Banner towing ops

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I’m Already in the SMSVP Under Part 135 – What Do I Need to Do?

If you currently operate under Part 135 with an SMSVP letter:

• Your SMSVP remains valid.

• You have until May 28, 2027 to bring your SMS into full Part 5 compliance.

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Single Pilot Operators – Does Part 5 Apply to Me?

• If you have employees: Yes, full compliance is required.

• If you are the only individual responsible for flight operations: You may qualify for simplified requirements under § 5.9(e).

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New Applicant Under Part 135 or 91.147?

• If your application was submitted before May 28, 2024: You have until May 28, 2027 to comply.

• If submitted on or after May 28, 2024: You must have an SMS during certification or approval.

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What Changes Will I Need to Make?

New or updated requirements under Part 5 include:

• A Code of Ethics in your safety policy

• A revised definition of “hazard”

• Updated system analysis requirements (must address interfaces)

• Processes for hazard info sharing (internally and externally)

• Stronger protections for confidential reporting

• Recordkeeping for hazard-sharing activities

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Deadlines at a Glance

• Part 135 and 91.147 operators: Must comply by May 28, 2027

• Part 121 operators and current SMSVP participants: Must comply by May 28, 2025

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What If I Hold Multiple Certificates?

You only need one SMS to cover all your operations, such as:

• Part 135 + 91.147

• Part 135 + Part 145

Just submit one declaration of compliance to the FAA.

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What Is a Declaration of Compliance?

This is a signed statement confirming:

• Your SMS meets all Part 5 requirements

• It includes your company name, certificate number, and physical address

• It is signed by your accountable executive

Once submitted, your FAA team will update your records.

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Where Do I Begin?

Start here:

• Review Advisory Circular 120-92D

• Read the FAA’s Final Rule (April 26, 2024)

• Visit www.drs.faa.gov for official guidance

• Consider working with an SMS consultant (like us!)

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Will the FAA Reach Out to Me?

Possibly, but not necessarily. It’s up to you to develop and implement your SMS and submit your declaration of compliance.

The FAA will validate your SMS through normal surveillance. Videos and resources are in development and will be shared when available.

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Have Both Part 135 and 91.147?

You only need one SMS. Your declaration should cover both operations, and your FAA oversight team will review accordingly.

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Have Part 135 and Part 145?

The FAA has aligned SMSVP and Part 5 so the requirements are the same. You can have one SMS covering both. Submit a declaration when your system meets Part 5.

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