The passage of FAR 135 which I've quoted forced operators of aircraft of between 10 and 19 seats and all turbine-powered aircraft to upgrade to FAR 121, leaving only non-turbine aircraft of 9 seats or less eligible for 135. Therefore, it is relevant to this discussion.
Sorry but I dont agree with this, the important words in the FAR you quoted are
that conducts scheduled passenger-carrying operations On demand operators still use 135.
insisted that he is permitted to operate this B737 in commercial charter service under FAR 91
As you have stated, this is totally illegal. We operate under FAR91 (Local Equivalent), we are only permitted to carry guests of the owners, not commercial passengers. We also have to be in a position to PROVE this to European Authorities...... Our on-demand charters operate under 135 but in a different fleet of aircraft.
Have a look at this....
EASA - Safety Assessment Of Foreign Aircraft (EC SAFA Programme)
Mutt