The Declaration of Compliance, explained

It is a short document that says something substantial: that your safety management system exists, meets Part 5, and is being used. You file it. Nobody files it for you.

What it is

Part 5 requires a certificate holder to declare to the FAA that it has implemented a safety management system meeting the requirements of the part § 5.9. It is signed by the accountable executive — the person with authority over the money and the people, not the safety manager who does the work.

It is deliberately short. The weight is in what it asserts rather than what it contains: that the four components exist, that people have been trained, that hazards are being reported and risk controlled, and that the records exist to show it.

What has to be true before you sign it

The declaration is an assertion of fact, and the honest test is whether an inspector arriving the following week would find the system described in it. Before signing, most operators need:

1. A safety policy signed by the accountable executive, and that person actually named.
2. A reporting system that crews know about and have used — with real reports in it.
3. Risk assessments showing the reasoning, not just a number in a box.
4. Corrective actions closed and verified as effective § 5.75.
5. SMS training recorded for the people currently employed.
6. An SMS manual that matches what the company actually does.
7. Records retained for the periods your manual states § 5.97.

Why the date is earlier than it looks

Every item above is evidence that accumulates over time. A reporting system with no reports, an audit programme that has never run a cycle, a training matrix filled in the week before — each is technically present and obviously thin.

An operator starting a year out has a year of history to point at. One starting the month before has a manual and a signature. Both have "an SMS"; only one can show it.

Common mistakes

• Citing the wrong certificate. A Part 145 repair station certificate does not bring you under Part 5. Cite the certificate that actually does — for most air tour operators that is the 91.147 authorization, not anything else they hold.
• The accountable executive who cannot spend money. Part 5 is specific about authority. Naming a convenient signatory rather than the person who controls the budget is a finding waiting to happen.
• A manual describing someone else's company. Generic templates fail the moment an inspector compares them with how the operation really runs.
• Filing and stopping. The declaration is not the finish line — the system has to keep producing records afterwards.

Questions operators actually ask

Who signs the Declaration of Compliance?

The accountable executive — the individual with authority over operations and the budget. Not the safety manager, unless they are genuinely the same person.

Does the FAA approve my SMS?

You declare compliance; you are not applying for approval of a manual in the way you would for operations specifications. That makes the accuracy of what you assert your responsibility rather than something an approval process catches for you.

Can I file it before 28 May 2027?

Yes, once the system genuinely exists and is being used. Filing early is fine. Filing early with nothing behind it is the risk, not the date.

What do I keep afterwards?

The declaration and the implementation plan for the life of the certificate, and the SMS records for the periods your manual sets out under § 5.97.

General information about a published regulation, not legal advice, and not an FAA publication — SquawkSMS is not affiliated with the FAA and submits nothing on your behalf. Your principal inspector is the authority on your particular certificate.