HAZMAT · October 31, 2026 · 6 min read · By BizJetDocs

Hazardous materials for Part 91 and Part 135 operators: will-not-carry policies explained

What a hazmat will-not-carry operator still needs: Part 135 subpart K training, manual content under 135.23(p), OpSpec A055 status, and a Part 91 policy.

Short answer: "will-not-carry" means the operator has chosen not to accept hazardous materials as cargo. It does not mean the operator can ignore hazmat. A Part 135 certificate holder that will not carry still needs an FAA-approved hazmat training program for everyone who accepts, rejects, handles or loads items (14 CFR 135.501 and 135.503), manual procedures for recognizing and rejecting hazmat and stating its policy (135.23(p)), and an OpSpec A055 entry showing it is not authorized. A Part 91 operator has no FAA-approved program requirement, but the Hazardous Materials Regulations still reach passengers and items on a U.S.-registered aircraft, and a short written policy is the practical way to apply them.

Part 135: what a will-not-carry certificate holder must have

A training program, approved before use

Section 135.501(a) applies the hazmat training subpart to "each crewmember and person performing or directly supervising" any of six job functions involving items for transport: acceptance, rejection, handling, storage incidental to transport, packaging of company material, or loading. Rejection is on that list, which is why a will-not-carry operator still trains.

Section 135.503 requires each certificate holder to establish and implement a program that satisfies Appendix O of Part 121, trains people to comply with 49 CFR parts 171 through 180, and "enables the trained person to recognize items that contain, or may contain, hazardous materials." Section 135.503(c): the program "must be approved by the FAA prior to implementation."

Section 135.505(a): no one may perform those job functions unless they have completed the initial or recurrent training "within the past 24 months." Section 135.501(b)(3) defines recurrent training as required every 24 months. There are limited exceptions in 135.505 for new hires under direct visual supervision for up to 30 days, people who work for more than one certificate holder with the same hazmat OpSpecs, and loaders at foreign locations.

Training records

Section 135.507 requires records of all training received within the preceding three years for each person, kept while the person does the job and for 90 days after, for employees and contractors alike. Each record includes the person's name, the most recent completion date, a description of or reference to the training materials, the training provider's name and address, and a copy of the certification showing a test was passed.

Manual content

Section 135.23(p) requires the manual to contain procedures and information that help people performing those job functions identify packages marked or labeled as hazmat or showing signs of undeclared hazmat, including:

• procedures for rejecting packages that do not conform to the Hazardous Materials Regulations or appear to contain undeclared hazmat (135.23(p)(2)(i));
• procedures for incident reporting under 49 CFR 171.15 and 171.16 and discrepancy reporting under 49 CFR 175.31 (135.23(p)(2)(ii)); and
• "the certificate holder's hazmat policies and whether the certificate holder is authorized to carry, or is prohibited from carrying, hazardous materials" (135.23(p)(2)(iii)).

Section 135.505(e) adds that repair stations working for the certificate holder must be told in writing of its hazmat policies and its authorization or prohibition, including for company material.

OpSpec A055 and A004

FAA Order 8900.1, Volume 2, Chapter 2, Section 6, explains that a certificate holder's hazmat program consists of the manual content required by 135.23(p) and the training program required by Part 135 subpart K. It also says that for Part 135 certificate holders, A055 is listed in paragraph A of OpSpec A004 when the holder is authorized to accept, handle and carry hazmat, and in paragraph B when it is not. When the program is submitted, the principal inspector sends it to the FAA Office of Hazardous Materials Safety for review before the OpSpec is issued.

Passenger notification

49 CFR 175.25(a) requires "each person who engages in for hire air transportation of passengers" to inform passengers about forbidden hazmat through a passenger notification system, and 175.25(c) says Part 121 and 135 certificate holders describe the procedures for it in their manuals. Will-not-carry status does not change this; your passengers still need to be told.

Part 91: what applies and what a policy does

Part 135 subpart K applies to certificate holders (135.501(a)), so a private Part 91 flight department has no FAA-approved hazmat training program to hold. The Hazardous Materials Regulations are another matter. 49 CFR 171.8 defines commerce to include transportation "on a United States-registered aircraft," and 49 CFR 175.1(b)(2) says Part 175 applies to "air passengers that carry any hazardous material on their person or in their carry-on or checked baggage."

49 CFR 175.10 lists what passengers and crewmembers may carry, with conditions. For example, 175.10(a)(1) covers non-radioactive medicinal and toilet articles for personal use, with an aggregate limit of 2 kg or 2 L per person and 0.5 kg or 500 ml per container, and 175.10(a)(2) covers one packet of safety matches or a lighter carried on the person or in carry-on baggage only. The section continues through medical devices, batteries and personal electronics, each with its own conditions.

A Part 91 will-not-carry policy turns that into something a crew can apply on the ramp: the operator will not transport hazmat as cargo; passengers and crew may bring only what 175.10 allows, under its conditions; this is who decides when something is unclear; and this is how an incident is reported. It is also the document a Part 135 operator's manual would require if the aircraft is ever placed on a certificate.

Checklist for a will-not-carry program

• State the policy plainly: hazmat will not be accepted as cargo or company material.
• List the job functions in 135.501(a) that your people actually perform, including rejection.
• Train each person before they do the job and every 24 months after.
• Keep records with the five elements of 135.507(c).
• Put recognition, rejection and reporting procedures in the manual.
• Describe the passenger notification system.
• Notify repair stations in writing.
• Confirm A055 appears in A004 paragraph B.

What you submit and who submits it

A Part 135 certificate holder submits its hazmat training program and manual content to its principal operations inspector, who routes it for FAA hazmat review before approval (8900.1, Volume 2, Chapter 2, Section 6). A Part 91 policy is an internal document; it is not submitted.

We prepare the will-not-carry manual section and training program for Part 135, or the Part 91 policy, with instructions for submission where one is needed. You review, adopt and, for Part 135, submit. Only the FAA approves a Part 135 training program.

Frequently asked questions

If we never carry hazmat, why train anyone?

Because 135.501(a) lists rejection and acceptance among the job functions that need training, and 135.503(a)(3) requires training that lets people recognize items that may contain hazmat.

How often is recurrent hazmat training due?

Every 24 months (135.501(b)(3) and 135.505(a)), with a grace window of the month before or after the due month (135.505(d)).

Can passengers bring lithium battery devices on a will-not-carry flight?

49 CFR 175.10 sets the conditions for batteries and portable electronic devices carried by passengers and crew. A will-not-carry policy restates those conditions for your aircraft.

Have it prepared

The Part 91 will-not-carry policy is $350. The Part 135 will-not-carry manual and training program is $1,275, and the will-carry manual with OpSpec A055 is $1,975. See the format below.

Sources

Primary sources, as retrieved when this article was last updated. Check the current text before you rely on it.

• 14 CFR 135.501, Hazardous materials training: applicability and definitions
• 14 CFR 135.503, Hazardous materials training: General
• 14 CFR 135.505, Hazardous materials training required
• 14 CFR 135.507, Hazardous materials training records
• 14 CFR 135.23, Manual contents
• FAA Order 8900.1, Volume 2, Chapter 2, Section 6, Hazardous Materials or Dangerous Goods (CHG 1054)
• 49 CFR 175.1, Purpose, scope, and applicability
• 49 CFR 175.10, Exceptions for passengers, crewmembers, and air operators
• 49 CFR 175.25, Passenger notification system
• 49 CFR 171.8, Definitions and abbreviations

Informational only. Not legal advice, not FAA guidance and not a promise of FAA approval or of any FAA timeline. The operator submits its own application; only the FAA approves, accepts or issues an authorization.