Wet lease or charter — the difference that matters.

Wet lease and charter aren't synonyms, even though a charter can rely on a structure that includes both aircraft and crew. Under 14 CFR §110.2, a wet lease is an arrangement where one party provides an entire aircraft and at least one crewmember.

The FAA separates a wet lease from a dry lease by crew and operational control. In a wet lease, the lessor normally provides the aircraft and crew and keeps operational control; in a dry lease, the lessor provides the aircraft without crew, and the lessee has to supply its own crew and retain operational control.

Charter

On a charter, the client buys air transportation for a specific mission. The direct air carrier operates the flight under the applicable authority, which for U.S. on-demand operations is normally tied to Part 135.

The client shouldn't assume their contract has turned into a lease just because the provider uses words like "aircraft access," "membership," "management," or "dry lease." The substance of the operation matters more than the document's title.

When the difference matters

It matters when:

• The client is reviewing who holds operational control.
• Someone is evaluating whether the operator needs Part 119/135 authority.
• An aircraft-management agreement is being structured.
• Someone is trying to offer aircraft and pilot through separate contracts.
• The question is who answers for maintenance, crew, and flight decisions.
• Insurance, authority, and operator eligibility are under review.

The FAA warns about sham dry leases, or wet leases in disguise: arrangements where several parties act in coordination to deliver an aircraft and at least one pilot, even when separate contracts formally exist.

What the buyer should ask

• Am I buying transportation, or leasing an aircraft?
• Who provides the pilots?
• Who hires and controls the crew?
• Who initiates, conducts, and terminates the flight?
• What certificate or authority covers the operation?
• Which entity signs the contract and appears on the insurance?

For a charter mission, the clearest structure is usually a transportation contract with a named, identified direct air carrier. If a lease structure exists instead, aviation counsel should review it before anyone accepts the commercial label at face value.