- Excerpts
from 14 CFR Part 135
On-Demand Operations
-
14CFR 135 index
(a) No certificate holder may use a person, nor may any person serve, as
pilot in command in passenger-carrying operations--
(1) Of a turbojet airplane, of an airplane having a passenger-seat
configuration, excluding each crewmember seat, of 10 seats or more, or of a
multiengine airplane in a commuter operation as defined in part 119 of this
chapter, unless that person holds an airline transport pilot certificate with
appropriate category and class ratings and, if required, an appropriate type
rating for that airplane.
(2) Of a helicopter in a scheduled interstate air transportation operation
by an air carrier within the 48 contiguous states unless that person holds an
airline transport pilot certificate, appropriate type ratings, and an
instrument rating.
(b) Except as provided in paragraph (a) of this section, no certificate
holder may use a person, nor may any person serve, as pilot in command of an
aircraft under VFR unless that person--
(1) Holds at least a commercial pilot certificate with appropriate category
and class ratings and, if required, an appropriate type rating for that
aircraft; and
(2) Has had at least 500 hours time as a pilot, including at least 100
hours of cross-country flight time, at least 25 hours of which were at night;
and
(3) For an airplane, holds an instrument rating or an airline transport
pilot certificate with an airplane category rating; or
(4) For helicopter operations conducted VFR over-the-top, holds a
helicopter instrument rating, or an airline transport pilot certificate with
a category and class rating for that aircraft, not limited to VFR.
(c) Except as provided in paragraph (a) of this section, no certificate
holder may use a person, nor may any person serve, as pilot in command of an
aircraft under IFR unless that person--
(1) Holds at least a commercial pilot certificate with appropriate category
and class ratings and, if required, an appropriate type rating for that
aircraft; and
(2) Has had at least 1,200 hours of flight time as a pilot, including 500
hours of cross country flight time, 100 hours of night flight time, and 75
hours of actual or simulated instrument time at least 50 hours of which were
in actual flight; and
(3) For an airplane, holds an instrument rating or an airline transport
pilot certificate with an airplane category rating; or
(4) For a helicopter, holds a helicopter instrument rating, or an airline
transport pilot certificate with a category and class rating for that
aircraft, not limited to VFR.
(d) Paragraph (b)(3) of this section does not apply when--
(1) The aircraft used is a single reciprocating-engine-powered airplane;
(2) The certificate holder does not conduct any operation pursuant to a
published flight schedule which specifies five or more round trips a week
between two or more points and places between which the round trips are
performed, and does not transport mail by air under a contract or contracts
with the United States Postal Service having total amount estimated at the
beginning of any semiannual reporting period (January 1-June 30; July 1-
December 31) to be in excess of $20,000 over the 12 months commencing with
the beginning of the reporting period;
(3) The area, as specified in the certificate holder's operations
specifications, is an isolated area, as determined by the Flight Standards
district office, if it is shown that--
(i) The primary means of navigation in the area is by pilotage, since radio
navigational aids are largely ineffective; and
(ii) The primary means of transportation in the area is by air;
(4) Each flight is conducted under day VFR with a ceiling of not less than
1,000 feet and visibility not less than 3 statute miles;
(5) Weather reports or forecasts, or any combination of them, indicate that
for the period commencing with the planned departure and ending 30 minutes
after the planned arrival at the destination the flight may be conducted
under VFR with a ceiling of not less than 1,000 feet and visibility of not
less than 3 statute miles, except that if weather reports and forecasts are
not available, the pilot in command may use that pilot's observations or
those of other persons competent to supply weather observations if those
observations indicate the flight may be conducted under VFR with the ceiling
and visibility required in this paragraph;
(6) The distance of each flight from the certificate holder's base of
operation to destination does not exceed 250 nautical miles for a pilot who
holds a commercial pilot certificate with an airplane rating without an
instrument rating, provided the pilot's certificate does not contain any
limitation to the contrary; and
(7) The areas to be flown are approved by the certificate-holding FAA
Flight Standards district office and are listed in the certificate holder's
operations specifications.
(a) No certificate holder may use any person, nor may any person serve, as
a pilot in command of an aircraft operated in a commuter operation, as
defined in Part 119 of this chapter, unless that person has completed, prior
to designation as pilot in command, on that make and basic model aircraft and
in that crewmember position, the following operating experience in each make
and basic model of aircraft to be flown:
(1) Aircraft, single engine--10 hours.
(2) Aircraft multiengine, reciprocating engine-powered--15 hours.
(3) Aircraft multiengine, turbine engine-powered--20 hours.
(4) Airplane, turbojet-powered--25 hours.
(b) In acquiring the operating experience, each person must comply with the
following:
(1) The operating experience must be acquired after satisfactory completion
of the appropriate ground and flight training for the aircraft and crewmember
position. Approved provisions for the operating experience must be included
in the certificate holder's training program.
(2) The experience must be acquired in flight during commuter passenger-
carrying operations under this part. However, in the case of an aircraft not
previously used by the certificate holder in operations under this part,
operating experience acquired in the aircraft during proving flights or ferry
flights may be used to meet this requirement.
(3) Each person must acquire the operating experience while performing the
duties of a pilot in command under the supervision of a qualified check
pilot.
(4) The hours of operating experience may be reduced to not less than 50
percent of the hours required by this section by the substitution of one
additional takeoff and landing for each hour of flight.
(a) Except as provided in paragraph (b), no certificate holder may use any
person, nor may any person serve, as second in command of an aircraft unless
that person holds at least a commercial pilot certificate with appropriate
category and class ratings and an instrument rating. For flight under IFR,
that person must meet the recent instrument experience requirements of Part
61 of this chapter.
(b) A second in command of a helicopter operated under VFR, other than
over-the-top, must have at least a commercial pilot certificate with an
appropriate aircraft category and class rating.
(a) No certificate holder may use any person, nor may any person serve, as
pilot in command of an aircraft carrying passengers unless, within the
preceding 90 days, that person has--
(1) Made three takeoffs and three landings as the sole manipulator of the
flight controls in an aircraft of the same category and class and, if a type
rating is required, of the same type in which that person is to serve; or
(2) For operation during the period beginning 1 hour after sunset and
ending 1 hour before sunrise (as published in the Air Almanac), made three
takeoffs and three landings during that period as the sole manipulator of the
flight controls in an aircraft of the same category and class and, if a type
rating is required, of the same type in which that person is to serve.
A person who complies with paragraph (a)(2) of this section need not comply
with paragraph (a)(1) of this section.
(b) For the purpose of paragraph (a) of this section, if the aircraft is a
tailwheel airplane, each takeoff must be made in a tailwheel airplane and
each landing must be made to a full stop in a tailwheel airplane.
(a) Each certificate holder or operator shall test each of its employees
who performs a function listed in Appendix I to Part 121 of this chapter in
accordance with that appendix.
(b) No certificate holder or operator may use any contractor to perform a
function listed in Appendix I to Part 121 of this chapter unless that
contractor tests each employee performing such a function for the certificate
holder or operator in accordance with that appendix.
(a) This section applies to employees who perform a function listed in
appendix J to part 121 of this chapter for a certificate holder or operator
(covered employees). For the purpose of this section, a person who meets the
definition of covered employee in appendix J is considered to be performing
the function for the certificate holder or operator.
(b) Alcohol concentration. No covered employee shall report for duty or
remain on duty requiring the performance of safety-sensitive functions while
having an alcohol concentration of 0.04 or greater. No certificate holder or
operator having actual knowledge that an employee has an alcohol
concentration of 0.04 or greater shall permit the employee to perform or
continue to perform safety-sensitive functions.
(c) On-duty use. No covered employee shall use alcohol while performing
safety-sensitive functions. No certificate holder or operator having actual
knowledge that a covered employee is using alcohol while performing safety-
sensitive functions shall permit the employee to perform or continue to
perform safety-sensitive functions.
(d) Pre-duty use. (1) No covered employee shall perform flight crewmember
or flight attendant duties within 8 hours after using alcohol. No certificate
holder or operator having actual knowledge that such an employee has used
alcohol within 8 hours shall permit the employee to perform or continue to
perform the specified duties.
(2) No covered employee shall perform safety-sensitive duties other than
those specified in paragraph (d)(1) of this section within 4 hours after
using alcohol. No certificate holder or operator having actual knowledge that
such an employee has used alcohol within 4 hours shall permit the employee to
perform or continue to perform safety-sensitive functions.
(e) Use following an accident. No covered employee who has actual knowledge
of an accident involving an aircraft for which he or she performed a safety-
sensitive function at or near the time of the accident shall use alcohol for
8 hours following the accident, unless he or she has been given a post-
accident test under appendix J of part 121 of this chapter, or the employer
has determined that the employee's performance could not have contributed to
the accident.
(f) Refusal to submit to a required alcohol test. No covered employee shall
refuse to submit to a post-accident, random, reasonable suspicion, or follow-
up alcohol test required under appendix J to part 121 of this chapter. No
operator or certificate holder shall permit a covered employee who refuses to
submit to such a test to perform or continue to perform safety-sensitive
functions.
(a) Each certificate holder and operator must establish an alcohol misuse
prevention program in accordance with the provisions of appendix J to part
121 of this chapter.
(b) No certificate holder or operator shall use any person who meets the
definition of "covered employee" in appendix J to part 121 to perform a
safety-sensitive function listed in that appendix unless such person is
subject to testing for alcohol misuse in accordance with the provisions of
appendix J.
Part
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