With less than eight months remaining before the FAA’s expanded Part 5 safety management system (SMS) mandate takes hold, affected operators face a runway growing shorter by the day. May 28, 2027, is the deadline for existing Part 135 charter and commuter operators, and commercial air tour operators under FAR 91.147, to implement an SMS and, most importantly, use it effectively.A survey released in June by Vertical Aviation International (VAI) underscored the urgency. More than 25% of respondents reported being unprepared or only beginning SMS implementation, while just under half indicated they were already compliant.Those numbers have likely improved in the months since. “That reality should get everyone’s attention,” wrote Chris Hill, VAI senior director of safety, in announcing the results. And for those still getting started, the challenge may be far greater than anticipated.”If you haven’t started your implementation by the end of this year, you are way, way behind,” said Amanda Ferraro, CEO of Aviation Safety Solutions, which specializes in SMS implementation and aviation safety consulting. “Most organizations that don’t even get help are on a 12- to 18-month footprint to learn what they need to learn to get things established.”More than a manualThe FAA’s 2024 final rule expanded Part 5 SMS requirements across virtually the entire Part 135 industry and to commercial air tour operators holding letters of authorization (LOAs).The mandate requires operators to establish four interconnected SMS components: safety policy, safety risk management, safety assurance and safety promotion. Affected operators must fully implement their systems and submit declarations of compliance by the May 2027 deadline.Although SMS requirements are scalable according to an organization’s size and complexity, Ferraro cautioned that smaller operators may underestimate the work involved. “I don’t think operators understand that each one of these components within safety management requires time to develop those processes and get something going,” she said.Nor should operators expect that submitting a compliant SMS manual represents the finish line. In written responses, the FAA emphasized that operators must submit a declaration of compliance for agency review and acceptance, but demonstrating continuing adherence to their SMS is equally important.”As part of the FAA’s regular oversight, inspectors review an operator’s safety policy, hazard andamp; risk control files, safety assurance audits and employee SMS training logs to ensure they are following their accepted SMS,” the agency stated.Those aren’t empty words. Ferraro said one Part 135 client that declared compliance early has already received five separate FAA requests for evidence of its functioning SMS this year, including training records, safety communications and emergency response documentation.”They’re not spot-checking the manual or even if you implemented it,” she added. “They’re spot-checking that you’re actually doing it when they come on site.”As with other FAA regulations, noncompliance with Part 5 requirements may initially involve civil penalties and mandatory corrective actions, up to suspension or revocation of an operator’s certificate for repeated violations, Ferraro said.”A proper SMS implementation doesn’t mean placing a binder on a shelf or completing a check-the-box exercise,” VAI’s Hill emphasized. “Pencil-whipping compliance, or making false claims of implementation, can be catastrophic for a business and far worse for the people depending on it. [And] unidentified or ignored hazards don’t disappear simply because you signed a form.”How one Texas helicopter operator is getting thereEstablishing an effective SMS can be a daunting task even for large flight operations, but it can be particularly challenging for smaller operators that often lack dedicated safety departments or extensive administrative resources.The FAA emphasized that it recognizes those differences. “The rule makes SMS scalable based on size and complexity,” the agency said. “Small operators can assign SMS duties to existing staff rather than hiring dedicated personnel.”Another option is to hire a third party to assist with and guide the process. Texas-based aerial hog hunting operator HeliBacon enlisted Ferraro’s company earlier this year to help complete implementation and verify regulatory alignment.The company, which operates under FAR 91.147, had developed detailed safety training, collaborative risk discussions and redundant verification procedures for critical activities such as refueling and securing passengers. Sarah Beddie, who oversees the company’s safety efforts, began aligning those procedures with Part 5 requirements after joining the company in 2022.However, it soon became clear there were elements under Part 5 that HeliBacon had not anticipated. “We successfully created our ERP [emergency response plan] and a safety reporting process,” she said, “but there were things I just didn’t have experience with. We wanted to make sure we’re aligning with the FAA requirements.””We had a strong safety culture, but we didn’t have a lot of the administrative stuff,” added HeliBacon CEO and co-founder Chris Britt. “There is a lot to unpack once you really start getting after it in detail, and implementing it correctly can represent fundamental operational changes.”While that process is still underway, Beddie noted it has already produced meaningful results.”We’ve implemented audits to make sure we’re consistent with the requirements, and I’ve caught a few things from those that I was able to quickly correct,” she said. “At the end of the day, the intention of the SMS is to really get you to pay attention to these things, figure out how to correct them and continue improving.”Where operators can find SMS helpTo assist operators, the FAA pointed to Advisory Circular 120-92D, Safety Management Systems for Aviation Service Providers, which outlines acceptable methods of compliance with Part 5.Additional resources include scalable templates, guidance from inspectors at local FSDOs, software tools and information available through the FAA’s Aviation Safety Outreach page. The agency also provides limited regulatory exceptions for qualifying single-pilot operators.Third-party software programs are also available to guide the implementation process, while industry groups including VAI and the National Business Aviation Association (NBAA) also provide SMS resources on their websites.However, Ferraro cautioned against confusing the purchase or use of an SMS platform with establishing a complete system. “It’ll help,” she said. “It might streamline things a little bit more, but it’s not a complete package.””You can’t just cut and paste a safety protocol,” Britt added. “It truly needs to be customized for each operator.”What operators need to knowWith May 28 approaching, Ferraro recommended that operators still working toward compliance prioritize establishing processes and, most importantly, being able to demonstrate their effectiveness.A gap analysis can determine which Part 5 requirements are already satisfied and which processes remain to be developed, while a recurring SMS calendar can schedule audits, training, safety meetings and emergency response exercises.Beddie offered straightforward advice based on HeliBacon’s experiences. “Start right now,” she said. “Start collecting your information and your data, and actually use it.”And while the mandate adds another regulatory responsibility, compliance alone should never become the ultimate objective. “SMS alone is not the solution,” Britt concluded. “You must have people who are willing to not fly, and not make money, whenever doing so represents an unnecessary safety risk.”Sidebar: The FAA unifies its own SMS under one orderAs operators work toward compliance with Part 5, the FAA has also moved to strengthen its own internal safety management practices. On Sept. 15, the agency issued Order 1030.8, establishing a unified SMS across the FAA and replacing an approach in which individual offices maintained separate safety management processes.According to the FAA, the previous structure complicated collaboration and consistency. The new order establishes an agency-wide framework intended to eliminate gaps, duplication and conflicting responses to identified risks. “A robust reporting system will standardize FAA processes and responsibilities, which will support a positive FAA-wide safety culture,” the agency added.
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