Any aircraft that is OWNED or used EXCLUSIVELY by a State or political subdivision of a State (County, City), or an Agency operating within that subdivision (Sheriff, Police, Fire) and has been declared to the FAA as a Public Aircraft can be operated under these rules.

What does that actually mean?

Simply put, a governmental agency can use aircraft that do not have a Standard Type Airworthiness certificate, such as those that were formerly used by the Military. Even though many Military aircraft look the same as their civilian counterparts, they may have been manufactured under a different contract, not subject to FAA rules and procedures, and can not be flown for any commercial purpose in the civilian world.

So, what’s the difference, operationally?

  • Standard Category Aircraft
    • Fly under ‘Certificates’ for various functions
    • May be flown ‘for profit’ by commercial operators
    • High acquisition cost
  • Public-Use Aircraft
    • May only be used for their specified purposes
    • May NOT be used ‘for profit’ by agencies
    • May use surplus parts
    • Lower acquisition cost, sometimes even free

Can we use a helicopter supplied by a commercial partner, like El Aero, under Public-use rules?

  • Yes, but there must be a declaration and an exclusive-use agreement in place, which means only the Gov agency may fly the aircraft and it may not be used for any other purpose.
  • There is limited value in this method unless the agency is flying the aircraft a very large number of hours in the year. The commercial operator needs to make money.

Does it matter if NNAS or an agency partner, like a Sheriff’s office, actually owns the aircraft being flown under public-use rules?

  • Only when it comes to the procurement of the aircraft!
    • If the aircraft is PURCHASED, that may be done by an agency, or it may be done by NNAS.
    • If NNAS purchases the aircraft they must enter into an Exclusive-Use agreement with one agency, for example the Elko County Sheriff.
    • NNAS still functions the same, but for all legal purposes the aircraft now belongs to the Elko County Sheriff
  • Only a Governmental agency, like a Sheriff’s office, may procure an aircraft from the LESO/1033 program. The agency must request, and be approved, for an available aircraft.
    • Currently there are no aircraft available in this program.

Can you tell the difference?