Legal Interpretations
Bartholomew 1992
Summary
The Question
Does a compensated flight made solely to dispose of cremated human remains aloft, carrying only the pilot and no cargo, require a Part 135 certificate?
Background
An individual asked by telephone about a compensated, daytime VFR flight whose sole purpose would be disposing of cremated human remains aloft, carrying no one but the pilot and no cargo. The pilot would hold a commercial pilot certificate.
The FAA’s Interpretation
No. The circumstances appear to describe aerial work operations excepted by 14 CFR 135.1(b)(4), so the regulations would not require the operator to hold a Part 135 certificate. The FAA added that 14 CFR part 61 allows only holders of an ATP or commercial pilot certificate to act as pilot in command for compensation or hire, which the commercial pilot satisfies.
- Requester
- Bartholomew
- Issued
- July 31, 1992
- Subjects
- Pilot Certification & Privileges · Air Carrier & Commercial Operations
Regulations Cited
Page 1
July 31, 1992
Cory Bartholomew
Dear Mr. Bartholomew:
This responds to your telephone inquiry of July 30, 1992, in which you asked whether a Federal Aviation Regulations (FAR)
Part 135 commercial operator certificate would be required under the following circumstances:
1. The flight would be for compensation.
2. The sole purpose of the flight would be for the aloft disposal of cremated human remains.
3. The flight would carry no one other than the pilot.
4. The flight would carry no cargo.
You also stated that the flight would be conducted at daytime and under VFR conditions, and that the pilot would hold a
Commercial Pilot Certificate.
These circumstances appear to describe the type of aerial work operations that are excepted by FAR § 135.1(b) (4); therefore, the
FAR would not require the operator to hold a Part 135 certificate.
Sincerely,
CAREY TERASAKI
General Attorney
1 In addition, Part 61 of the FAR prohibits anyone other than the holder of an Airline Transport Pilot or Commercial Pilot Certificate to act as pilot in command for compensation or hire. Because the pilot you described would hold a commercial certificate, those provisions of the FAR would be satisfied.
Regulations Referenced
Snapshot retrieved August 6, 2026.