Part 91 Returns

[transpac]

Keep in mind that the reason for Part 135 is a higher level of safety for the customer, not the flight crew. Once there's no paying passenger or revenue cargo on board there's no reason to require a higher level of safety and the FAA does not do so. The exception would be if a tail-end Part 91 flight somehow affected a regulatory requirement for a later Part 135 flight.
Also, different POIs and FSDOs do have differing opinions on a variety of subjects. But, when filing a violation they have to justify their position to regional Flight Standards staff who have to get concurrence from the Regional Legal staff, who in turn have to justify the case to an Administrative Law Judge, unless the alleged violator caves in. An opinion-based violation might be a PITA to a pilot until it gets tossed, but it won't survive the system.

 

[n5374f]

Found my answer

Found documemtation that the tail end ferry Part 91 is legal as of now FAA is looking into changinging the regs to: If any leg is 135 they are all 135 but this is bundled with addressing sit and wait for a call out and the FAA has no answers because how can you operate on demand if the pilots have to have a duty schedule. Typical FAA with no answers so nothing will change for years but as of now part 91 tail end ferry flights are legal. If any one out there does get violated copy the NATA and FAA legal opinion from the web it may save you if you blow a tire on the 91 leg, all the FAA can do is go after you for being careless and reckless by flying fatigued but since we have medics aboard you have witnesses that you are not fatigued