Do You Need a License to Be an Air Charter Broker? The Honest Part 295 Answer

Thu, 22 Oct 2026 12:30:06 GMT

No FAA or DOT license exists for US air charter brokers. Here is what the DOT rule at 14 CFR Part 295 actually requires, in plain English.

Founder & President, Jet Mentis Partners. Director of Operations for a Part 135 charter operator, FAA Check Airman, 20+ years in on-demand charter.

Executive summary

No. The United States has no FAA or DOT license or certificate for air charter brokers, and DOT decided not to create a broker registry. The rules are still real. Since February 14, 2019, the Department of Transportation's rule at 14 CFR Part 295 has told brokers what they must disclose, how they may advertise, which practices count as unfair or deceptive, and how fast refunds are due. A broker who breaks those rules can lose the exemption that makes brokering legal in the first place, which is why education matters more in this field, not less.

Do you need a license to be an air charter broker in the US?

No. Nobody issues a broker license. The FAA certificates the operator: the company that holds the Part 135 certificate, has operational control of the aircraft, and is responsible for the flight. It does not certificate the person who arranges the trip.

DOT considered a broker registry and decided against it. The final rule says so directly: "The Department has decided not to create a registry of air charter brokers, either U.S. or non-U.S. citizens." DOT added that the rule "does not preclude voluntary registration or 'certification' through third parties."

"No license" does not mean "no rules."

What is 14 CFR Part 295?

Part 295, "Air Charter Brokers," is a DOT economic and consumer protection rule. It sits in Title 14, Chapter II, Subchapter A (Economic Regulations), not in the FAA's safety rules. DOT published it on September 17, 2018 (83 FR 46867, Docket DOT-OST-2007-27057), and it took effect on February 14, 2019 .

Who does Part 295 apply to?

Under § 295.3 , the rule applies to anyone acting as an air charter broker for single entity charter air transportation on large or small aircraft. § 295.5 defines an air charter broker as a person or entity that, acting as an indirect air carrier, a foreign indirect air carrier, or a bona fide agent, "holds out, sells, or arranges single entity charter air transportation using a direct air carrier."

In plain English: if you sell or arrange a whole-aircraft charter for a client and someone else flies it, you are probably a broker under this rule, whatever your business card says.

§ 295.10 exempts brokers from parts of the federal aviation economic statutes, but only while they comply with Part 295. § 295.12 lets DOT alter, suspend, or revoke that exemption without a hearing when the public interest calls for it.

Is a charter broker an agent or an indirect air carrier?

A broker can be either one, and the client has a right to know which.

An indirect air carrier acts as a principal. It sells the charter in its own name and separately contracts with the direct air carrier that actually operates the flight.
A bona fide agent acts on behalf of someone else, either the charterer or the direct air carrier, after being appointed by that principal.

Under § 295.7 , a broker that normally acts as an indirect air carrier may act as a bona fide agent in an individual case, but only where the charterer or the direct air carrier has "expressly authorized such agency relationship." Whatever the role, § 295.24(a)(2) requires the broker to disclose the capacity in which it is acting.

The capacity a broker chooses affects contracts, liability, and insurance. Settle it with an aviation attorney before the first contract goes out.

What does a charter broker have to disclose before booking a flight?

§ 295.24(a) lists six items. Three must be disclosed before the broker contracts with the charterer:

The direct air carrier's name (a)(1): the corporate name of the operator providing the aircraft, plus any other name it uses publicly.
The broker's capacity (a)(2): indirect air carrier, agent of the charterer, or agent of the direct air carrier.
Liability insurance (a)(6): whether the broker carries liability insurance covering the charterer, passengers, and property, and if so, the limits.

Three more must be disclosed on the charterer's request :

Business relationships (a)(3): if the broker is acting as the charterer's agent, any corporate or business relationship with the operator that may affect which operator is chosen.
Total cost (a)(4): the full amount paid to or through the broker, including broker fees and government taxes.
Third-party fees (a)(5): fees the charterer pays directly to someone else, such as fuel, landing, and parking or hangar fees, with amounts where known or estimated.

Disclosures may be made electronically. Under § 295.24(b)–(f) , everything must be disclosed before the flight begins. If information is unknown at contracting or changes later, the broker must provide it within a reasonable time, or the charterer may cancel for a full refund. Changes after departure carry similar rights for the unflown part of the trip.

Good brokers put all six items in writing every time, whether or not the client asks.

What does Part 295 say about broker advertising?

§ 295.23(a) requires a broker's solicitation materials and advertisements, explicitly including web pages, to "clearly and conspicuously state" that the broker is an air charter broker, that it is not a direct air carrier in operational control of aircraft, and that the service will be provided by a properly licensed direct air carrier.

§ 295.23(b) allows a broker's name and logo on an aircraft only if the direct air carrier's name is displayed "prominently and clearly" on the aircraft, and only if the display does not otherwise mislead people into thinking the broker is the carrier.

Phrases like "our fleet" or "our jets," used by a company that operates no aircraft, are the sort of wording this section exists to stop.

What practices does Part 295 prohibit?

§ 295.22 bars unfair or deceptive practices and unfair methods of competition. § 295.50(a) makes any violation of Part 295 an unfair or deceptive practice under 49 U.S.C. 41712. § 295.50(b) then lists eleven specific practices. Among them are:

Representing that the broker is a direct air carrier when it is not, (b)(1)
Misrepresenting the type of aircraft, the quality of service, or schedule and routing details, (b)(2)–(3)
Misrepresenting pilot qualifications, safety records, or the certification of pilots, aircraft, or carriers, (b)(4)
Claiming that passengers are directly insured when they are not, (b)(5)
Misrepresenting membership in an auditing organization, or that a carrier meets an auditor's standard, (b)(7)
Telling a client a specific aircraft or flight is "booked" without a binding commitment from the carrier, (b)(8)
Selling a flight the broker knows, or has reason to believe, the carrier cannot legally perform, (b)(9)

Separately, § 295.20 says brokers may not sell or arrange service with a direct air carrier that lacks the required DOT economic authority and FAA safety authority.

That last group comes back to the two questions I ask about every flight: Is it safe? Is it legal? Just because a trip is safe doesn't make it legal, and just because it's legal doesn't make it safe. A broker has to ask both.

How fast does a charter broker have to issue a refund?

§ 295.26 requires prompt refunds when the transportation cannot be performed or a refund is otherwise due:

Credit card purchases: handled as required by 14 CFR 374.3 and 12 CFR part 226 (Regulation Z, the federal Truth in Lending rules).
Cash and check purchases: within 20 days after the broker receives a complete refund request.

If no license is required, why does broker education matter?

With no licensing exam, nobody checks a new broker's knowledge before the first client hands over a deposit. Too often, the first real test of whether a broker understands Part 295 is a cancelled trip, an unhappy client, or a DOT complaint.

The rule also asks brokers to make judgment calls. Is this operator properly authorized? Is this disclosure complete? Can this trip legally be flown as requested? Those calls depend on knowing how Part 135 operators work, how a legitimate quote is built, and when the right answer is "no." Operators can tell quickly which brokers learned that and which are guessing.

Voluntary education and credentials fill the gap the government chose to leave, and DOT expressly left room for third-party "certification." The value is not the certificate on the wall. It is the habits behind it.

Where to start

For people new to the field, the Jet Mentis Charter Foundation opens for enrollment on November 1, 2026. It is self-paced professional education (not a certification) for people with no aviation background, and Part 295 is a core topic. Working brokers who want an individual credential can pursue the Jet Mentis Certified Broker (JMCB) , which is earned separately through its own written and oral exams. Learn more at academy.jetmentis.com/charter-foundation .

This article is general education, not legal advice. Part 295 questions about your own business, contracts, or role as agent or indirect air carrier should go to an aviation attorney. Regulation text cited from the eCFR, 14 CFR Part 295, as displayed October 2026. Always check the current text at ecfr.gov before relying on it.

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