(a) An owner is in operational control of a program flight when the owner—

1. (1) Has the rights and is subject to the limitations set forth in §§ 91.1003 through 91.1013;
2. (2) Has directed that a program aircraft carry passengers or property designated by that owner; and
3. (3) The aircraft is carrying those passengers or property.

(b) An owner is not in operational control of a flight in the following circumstances:

1. (1) A program aircraft is used for a flight for administrative purposes such as demonstration, positioning, ferrying, maintenance, or crew training, and no passengers or property designated by such owner are being carried; or
2. (2) The aircraft being used for the flight is being operated under part 121 or 135 of this chapter.