> ## Documentation Index
> Fetch the complete documentation index at: https://docs.planeconnection.com/llms.txt
> Use this file to discover all available pages before exploring further.

# FAA 14 CFR Part 5 Overview

> A plain-language overview of the FAA's SMS regulation: what it requires, who must comply, key subparts, and the Declaration of Compliance.

Title 14, Code of Federal Regulations, Part 5 is the FAA's SMS
regulation. Originally published in 2015 for Part 121 airlines, it was
significantly revised in April 2024 to extend SMS requirements to
Part 135 operators, Part 91.147 air tour operators, and Part 21 design
and manufacturing organizations. Part 5 defines what an SMS must
achieve -- not how to build one -- leaving each operator to design an
SMS proportional to their size and complexity.

<Info>
  This page is for anyone who needs to understand Part 5's requirements in plain language -- safety
  managers preparing for compliance, accountable executives assessing organizational readiness, or
  consultants advising Part 135 operators. For implementation timelines, see [SMS Compliance
  Timeline](/en/explanation/compliance-timeline). For the international framework, see [ICAO Annex
  19](/en/explanation/icao-annex-19).
</Info>

## Who Must Comply

The revised Part 5 applies across multiple certificate types, each
with its own timeline:

| Operator Type               | Deadline                                                           |
| --------------------------- | ------------------------------------------------------------------ |
| Part 121 (Airlines)         | Already required; must update to revised Part 5 by May 28, 2025    |
| Part 135 (Charter/Commuter) | Must implement SMS by **May 28, 2027**                             |
| Part 91.147 (Air Tours)     | Must implement SMS by **May 28, 2027**                             |
| Part 21 (Manufacturers)     | Implementation plan due Nov 28, 2024; full compliance May 28, 2027 |

The FAA estimated that nearly **1,850 Part 135 operators** and more
than **700 air tour providers** would be affected. New Part 135
applicants submitting after May 28, 2024, must include SMS as part of
their initial certification.

<Note>
  The regulation applies regardless of operator size. A single-pilot operation with one aircraft and
  a large charter operator with fifty aircraft both must comply -- but the FAA designed Part 5 to be
  scalable. Advisory Circular 120-92D provides guidance on scaling SMS to smaller operations.
</Note>

## Structure of Part 5

Part 5 is organized into six subparts, each addressing a component
of the SMS framework. Together, they map directly to the four pillars
of SMS plus the supporting requirements for documentation.

### Subpart A -- General (Sections 5.1 through 5.19)

Subpart A defines who must comply and establishes the core mandate:
certificate holders must **develop, implement, maintain, and
continuously improve** their SMS. This is not a one-time effort -- the
"continuously improve" language means the SMS must evolve as the
operation changes and new information becomes available.

Subpart A also establishes key definitions that appear throughout the
regulation. A **hazard** is a condition that could foreseeably cause or
contribute to an aircraft accident. **Risk** is the composite of
predicted severity and likelihood of a hazard's potential effect.
**Safety assurance** refers to processes within the SMS that function
systematically to ensure the performance and effectiveness of safety
risk controls. And a **safety risk control** is a means to reduce or
eliminate the effects of hazards.

These definitions are precise and intentional. A "hazard" is
specifically tied to aircraft accidents, not to every conceivable
workplace issue. "Risk" explicitly combines two dimensions -- severity
and likelihood -- not just one or the other.

### Subpart B -- Safety Policy (Sections 5.21 through 5.27)

Subpart B requires the organizational commitment and structure that
underpins the entire SMS.

**Section 5.21 -- Safety Policy** requires a written policy that
includes safety objectives, a code of ethics, and a non-punitive
reporting policy. The policy must be signed by the accountable executive
and communicated to all employees.

**Section 5.23 -- Safety Accountability and Authority** establishes
the accountable executive role. This person must have final authority
over operations, final responsibility for the SMS, and control over
the financial and human resources needed for safety. This responsibility
**cannot be delegated**.

**Section 5.25 -- Designation of Safety Personnel** requires appointing
key safety management personnel with defined duties.

**Section 5.27 -- Emergency Response Planning** requires coordinated
emergency response procedures -- not creating new ones from scratch,
but ensuring that emergency plans are documented, current, and
coordinated with relevant parties.

### Subpart C -- Safety Risk Management (Sections 5.51 through 5.57)

Subpart C establishes when and how SRM must be applied.

**Section 5.51 -- Applicability** defines the triggers for SRM: new
systems, changes to existing systems, newly identified hazards,
ineffective controls, and external changes.

**Section 5.53 -- System Analysis and Hazard Identification** requires
analyzing systems to understand their function, environment,
procedures, personnel, equipment, and interfaces -- then identifying
hazards within those systems.

**Section 5.55 -- Safety Risk Assessment and Control** requires a
process for analyzing risk, defined acceptable risk levels, and
development of controls when risk exceeds those levels.

**Section 5.57 -- Notification of Hazards** requires notifying
organizations you interface with when you identify hazards that
affect them.

### Subpart D -- Safety Assurance (Sections 5.71 through 5.75)

Subpart D requires continuous monitoring to verify that controls are
working.

**Section 5.71 -- Safety Performance Monitoring and Measurement**
requires monitoring across seven areas: operational processes,
organizational characteristics, external events, internal safety
reporting, regulatory compliance, environmental factors, and employee
safety concerns.

**Section 5.73 -- Safety Performance Assessment** requires evaluating
whether controls achieve their intended outcomes. When they do not,
corrective action is required.

**Section 5.75 -- Continuous Improvement** requires that findings from
monitoring and assessment drive improvement. Your SMS must evolve based
on evidence.

### Subpart E -- Safety Promotion (Sections 5.91 through 5.93)

**Section 5.91 -- Competencies and Training** requires all personnel
to understand their role within the SMS. Training must be ongoing, not
a one-time event.

**Section 5.93 -- Safety Communication** requires methods for
disseminating safety information -- lessons learned, procedural
changes, safety performance data, and feedback to reporters.

### Subpart F -- Documentation and Recordkeeping (Sections 5.95 through 5.97)

**Section 5.95 -- SMS Documentation** requires documenting SMS
policies, processes, and procedures. The SMS must be described in a way
that is understandable and accessible.

**Section 5.97 -- SMS Records** establishes retention requirements:

| Record Type                              | Retention Period                            |
| ---------------------------------------- | ------------------------------------------- |
| SRM outputs (risk assessments, controls) | As long as the control remains relevant     |
| Safety Assurance findings                | 5 years                                     |
| Training records                         | 24 months after employee departure          |
| All SMS records                          | Available to the Administrator upon request |

<Tip>
  PlaneConnection maintains these records automatically with timestamped audit trails. Record
  retention requirements are met by the platform without manual tracking, and any record can be
  produced for FAA review in seconds.
</Tip>

## The Declaration of Compliance

The Declaration of Compliance (DOC) is the formal submission that
affirms your organization has developed and implemented an SMS meeting
Part 5 requirements. It is submitted to your local FAA Certificate
Management Office (CMO).

### What the DOC Must Include

The DOC identifies the organization by its legal name, physical address,
certificate type, and certificate number. It contains an affirmation
that the SMS meets Part 5 requirements, the accountable executive's
signature, the date of declaration, and SMS point of contact details.

### What It Means

The DOC is a legal affirmation. The accountable executive who signs
it is attesting that the SMS is not merely documented but is **actually
implemented and operational**. Submitting a DOC for a paper-only SMS --
one that has policies and procedures written but not in active use --
creates significant regulatory and legal exposure.

<Warning>
  The Declaration of Compliance is a legal document. The accountable executive should not sign it
  unless the SMS has been actively functioning, with evidence of real safety reporting, risk
  assessments, corrective actions, and performance monitoring. The FAA validates SMS through routine
  surveillance after submission.
</Warning>

### After Submission

The FAA updates its internal records and validates your SMS through
routine surveillance. Inspectors will look for evidence that your
processes are functioning -- a flow of safety reports, active risk
management, timely corrective actions, regular safety committee
meetings, and performance monitoring. They are evaluating whether
your SMS is alive, not whether your documentation is perfect.

## Single-Pilot Exemptions

Section 5.9(e) defines a **single-pilot organization** as one where
a single pilot is the sole individual performing all functions related
to safe aircraft operation. These operators are exempt from requirements
that presuppose multiple people:

<Accordion title="Exempted sections for single-pilot operators">
  * Section 5.21(a)(4) -- Employee reporting mechanisms - Section 5.21(a)(5) -- Coordination across
    organization - Section 5.21(c) -- Communication to all employees - Section 5.23(a)(2) -- Safety
    management personnel designation - Section 5.23(a)(3) -- Management representative - Section
    5.25(b)(3) -- SMS implementation team - Section 5.25(c) -- Designation of required personnel -
    Section 5.27(a) -- Emergency response coordination - Section 5.27(b) -- Emergency response
    planning - Section 5.71(a)(7) -- Employee safety concern processes - Section 5.93 -- Safety
    communication - Section 5.97(d) -- Communication records
</Accordion>

### What Still Applies

Even with these exemptions, single-pilot operators must still develop
and implement an SMS, submit a Declaration of Compliance by May 28,
2027, perform Safety Risk Management, conduct self-audits as part of
Safety Assurance, and maintain documentation and records.

### The Critical Distinction

**Single-pilot with employees** is not the same as **single-pilot sole
individual**. If you have any employees -- mechanics, dispatchers,
administrative staff, or anyone else -- all Part 5 requirements apply
in full. The exemptions only apply when the pilot is truly the sole
individual involved in the operation.

## Consequences of Non-Compliance

The FAA has not indicated any plans for deadline extensions. Operators
who fail to comply by May 28, 2027, face a range of consequences that
escalate in severity. Initial compliance findings during FAA inspections
can lead to enforcement actions including civil penalties. In the most
serious cases, certificate revocation and loss of operational authority
are possible. Beyond regulatory consequences, non-compliance increasingly
triggers increased scrutiny from insurers and customers, who view SMS as
a baseline indicator of operational maturity.

## Related

<CardGroup cols={2}>
  <Card title="SMS Compliance Timeline" href="/explanation/compliance-timeline">
    Key dates and implementation phases for Part 135.
  </Card>

  <Card title="What Is a Safety Management System?" href="/explanation/what-is-sms">
    The conceptual foundation behind Part 5.
  </Card>

  <Card title="ICAO Annex 19 and International Standards" href="/explanation/icao-annex-19">
    The international framework that Part 5 implements.
  </Card>

  <Card title="The Four Pillars of SMS" href="/explanation/four-pillars">
    Deep dive into the four pillars that Part 5 mandates.
  </Card>
</CardGroup>
