Legal Interpretations
Jobe 2010
Summary
The Question
May a state court transfer a 14 CFR part 135 air carrier operating certificate to another company without prior FAA approval?
Background
An attorney asked whether a state court could transfer a 14 CFR part 135 air carrier operating certificate from one company to another without the FAA's prior approval.
The FAA’s Interpretation
No. No entity may operate as an air carrier without FAA authorization, and the FAA issues a certificate only after the applicant meets the certification requirements of 14 CFR part 119. Air carrier certificates are not transferable, and the FAA would not recognize one transferred between entities. With limited exceptions that do not apply here, Federal law preempts state law in aviation.
- Requester
- Jobe
- Issued
- February 17, 2010
- Subject
- Air Carrier & Commercial Operations
Regulations Cited
Page 1
U.S. Deportment
of Transportation
Federal Aviation
Administration
FEB 1 7 2009
Tony B. Jobe, Esq.
Dear Mr. Jobe:
Office of the Chief Counsel 800 Independence Ave., S.W .
Washington, D.C. 20591
This letter responds to your letter of February 9, 2010, asking whether a state court may transfer an air carrier operating certificate issued under 14 C.F.R. Part 135 to another company without prior approval of the Federal Aviation Administration (FAA). The answer is no.
No entity may operate as an air carrier without FAA authorization. The FAA issues an air carrier certificate only after ensuring that an applicant has met all the necessary certification requirements. 1 Air carrier certificates are not transferable. The FAA would not recognize an air carrier certificate transferred from one entity to another.
Further, with only limited exceptions, none of which apply here, Federal law preempts state law in the area of aviation.
We trnst that this letter of interpretation has answered your question. It was prepared by Sheila Skojec, Senior Attorney, and was coordinated with the Flight Standards Service.
Sincerely,
Rebecca B. Mac herson
Assistant Chief Counsel
Regulations Division
1 14 C.F.R. § 119.1 (b)(2) (14 C.F.R. Part 119 prescribes the FAA certification requirements an operator must meet to obtain and hold a certificate authorizing operations under Part 135 and other parts).
Regulations Referenced
Snapshot retrieved August 6, 2026.