A Safety Management System (SMS) is the formal, documented way an aircraft operator finds hazards, rates the risk they carry, puts controls in place and checks that those controls work. Under the FAA’s Part 5 rule, published in the Federal Register on April 26, 2024, every Part 135 charter operator must have a compliant SMS and file a Declaration of Compliance with the FAA by May 28, 2027.
For passengers and corporate travel buyers, that deadline changes the question. “Does this operator have an SMS?” will soon be a legal baseline. The more useful question is how well the SMS actually works, and that is what this guide helps you judge.
An SMS is not a certificate, a sticker or a single audit. It is a management process that runs every day, on every trip. Traditional aviation safety relied heavily on compliance with rules and on investigating accidents after they happened. An SMS adds a forward-looking layer: it asks crews, mechanics, dispatchers and managers to report hazards and near-misses so the company can fix them before they line up into an accident.
What it is not. An SMS does not replace FAA operating rules, pilot training requirements or maintenance programs. It sits on top of them and connects them. It also cannot eliminate risk; its job is to make risk visible, measured and managed.
Who it applies to. Part 5 applies to certificate holders: airlines (already required), Part 135 charter operators, certain Part 91 air tour operators, and aircraft type and production certificate holders. A charter broker that does not hold an air carrier certificate is not itself covered, which is one more reason to know which company has operational control of your flight.
Part 5 organizes an SMS into four components, set out in subparts B through E of the rule. The table below translates each one into what it means for your trip and what a buyer can reasonably ask to see.
| Component (14 CFR Part 5) | What it means in practice | What to ask the operator |
|---|---|---|
| Safety Policy (Subpart B) | Leadership commits in writing to safety objectives, names an accountable executive and defines who owns which safety decisions. | Who is your accountable executive? Can you share your safety policy statement? |
| Safety Risk Management (Subpart C) | Hazards are identified and risk is assessed before operations change and before individual flights, with controls applied where risk is too high. | Do you run a risk assessment on every flight? What happens when a trip scores high? |
| Safety Assurance (Subpart D) | The operator monitors data, audits itself and tracks whether risk controls are working, and investigates events. | How do you track safety performance? How often do you audit your own operation? |
| Safety Promotion (Subpart E) | Training and communication build a reporting culture where staff raise problems without fear of punishment. | How do crews and mechanics report hazards? Is reporting confidential or non-punitive? |
The FAA designed Part 5 to scale with the size of the operator, and it carved out some elements that do not make sense when a single pilot is solely responsible for all safety functions (those exclusions are listed at 14 CFR 5.9(e)). A two-aircraft operator’s SMS will look different from a large fleet’s, but all four components still have to be present.
April 26, 2024. The FAA published the final rule extending Part 5 SMS requirements beyond airlines, as summarized by the National Air Transportation Association (NATA).
May 28, 2024. The rule took effect, starting a 36-month compliance window.
May 28, 2027. Part 135 operators must submit a Declaration of Compliance (14 CFR 5.9). NATA describes the declaration as the end of the SMS development process, not its start, so an operator that is only beginning now is behind.
Readiness is uneven. A Vertical Aviation International survey reported by AVweb in June 2026 found that more than one-quarter of respondents were either unprepared or only in the early stages of building an SMS. Operators that already ran voluntary programs still have to take steps to show compliance with Part 5.
Most of an SMS is invisible to passengers, but some of it directly shapes your itinerary.
Flight risk assessment. Many operators score each trip before it is released, looking at factors such as weather, airport complexity, night or mountainous operations, crew experience and duty time. A high score can trigger mitigations: a more experienced crew, an alternate airport, an adjusted departure time or a second look by management.
Changes that seem conservative. If an operator asks to move a departure out of a forecast icing window, add a fuel stop or use a different airport than the one you requested, that is often the SMS doing its job. Ask for the reason; a well-run operator can explain it plainly.
Reporting after the fact. Crews file reports on hazards and irregularities, and the operator reviews trends. You won’t see these reports, but you benefit when a recurring problem at a particular airport or with a particular procedure gets fixed.
These terms often appear together in charter marketing, and they are not the same thing.
Part 5 SMS is a federal requirement for Part 135 operators from May 28, 2027.
IS-BAO is a voluntary international code of practice for business aviation, built around an SMS and audited by accredited auditors.
ARGUS and Wyvern are independent audit and rating services. Their audits look at an operator’s history, aircraft, crews and safety programs, including whether an SMS is in place and functioning.
A strong operator will usually have all three layers: a regulatory SMS, a voluntary standard such as IS-BAO, and an independent audit. A rating alone does not tell you how an SMS behaves day to day, so it is still worth asking the questions in the checklist below.
Silver Air is an FAA Part 135 operator founded in 2008 and holds operational control of the aircraft it flies. Its SMS includes running each flight through a Flight Risk Assessment Tool (FRAT) during planning, and it is a Wyvern Wingman PRO operator with IS-BAO registration. Partner aircraft used for Silver Air trips must meet Wyvern and IS-BAO standards. [NEEDS DETAIL FROM SAFETY DEPT: Part 5 Declaration of Compliance status/date, how hazard reporting works, audit cadence]
If you are building a corporate travel program or vetting operators for your company, you can review our safety and certifications, learn about on-demand charter with Silver Air, or contact our team to request safety documentation.
Do private jet charter operators have to have a Safety Management System?
Yes. Under the FAA’s Part 5 rule, Part 135 charter operators must have an SMS and submit a Declaration of Compliance by May 28, 2027. Airlines operating under Part 121 were already required to have one.
What are the four pillars of an SMS?
Safety Policy, Safety Risk Management, Safety Assurance and Safety Promotion. They correspond to subparts B through E of 14 CFR Part 5.
Does a charter broker need an SMS?
Part 5 applies to certificate holders. A broker that does not hold an air carrier certificate is not covered, but the operator that actually flies your trip is. Always confirm which operator has operational control.
Is an SMS the same as an ARGUS or Wyvern rating?
No. An SMS is the operator’s internal safety process and, for Part 135 operators, a federal requirement. ARGUS and Wyvern are independent audits that evaluate, among other things, whether that process exists and works.
Will SMS rules make private jet charter more expensive?
Building and running an SMS takes staff time, software and training, and operators absorb those costs in different ways. No published figure ties the rule to a specific change in charter prices, so be wary of claims either way.
Can an SMS cause my flight to be delayed or changed?
Sometimes. A flight risk assessment can lead to a different departure time, airport or crew pairing when risk is elevated. Those changes are a sign the system is working, and the operator should be able to explain them.
How can I tell whether an operator’s SMS is real and not just paperwork?
Ask specific questions: who the accountable executive is, whether every flight gets a risk assessment, how hazards are reported and when the last independent audit happened. Clear, specific answers are a good sign; vague ones are not.
Sources: Federal Register final rule summary and compliance dates via NATA; Vertical Aviation International survey via AVweb (June 2026); Silver Air safety and certifications page.
Reviewed November 12, 2026 by the Silver Air team.
