Legal Interpretations
Lakah 2002
Summary
The Question
Do FAA interpretations on a pilot in command's unfettered authority to refuse flight deck admission under 14 CFR 121.547(a)(3) and (a)(4) apply to all part 119 certificate holders?
Background
A requester asked about two FAA interpretations, issued July 17, 2001 and April 2, 2002, addressing a pilot in command's unfettered authority to refuse cockpit admission to anyone requesting it under 14 CFR 121.547(a)(3) and (a)(4).
The FAA’s Interpretation
No, only when the certificate holder conducts a part 121 operation. 14 CFR 121.547 does not cover a part 119 certificate holder conducting a part 135 operation. Where 14 CFR 121.547(a)(3) or (a)(4) applies, the pilot in command has unfettered discretion over flight deck admission, but nothing in 14 CFR part 135 addresses flight deck admission in the same manner.
- Requester
- Lakah
- Issued
- December 16, 2002
- Subject
- Air Carrier & Commercial Operations
Regulations Cited
Page 1
December 16, 2002
Brigitte Lakah
Re: Application of 14 CFR § 121.547 to Part 119
Certificate Holders
Dear Ms. Lakah:
This is in response to your letter dated November 6, 2002, egarding the application of 14 CFR § 121.547 to part 119 certificate holders. Specifically, you ask whether the interpretations issued by the Federal Aviation Administration (FAA) on July 17, 2001, and April 2, 2002, addressing a pilot in command's (PIC) unfettered authority to refuse admission to the cockpit to anyone requesting permission under 14 CFR § 121.547(a)(3) and (a)(4) applies to all part 119 certificate holders and their pilots.
Section 121.547 only applies to a part 119 certificate holder when it conducts a part 121 operation. When a part 119 certificate holder conducts a part 135 operation, it is not covered by the provision. If a situation involves 14 CFR § 121.547(a)(3) or (a)(4), a PIC has unfettered discretion to determine whether to admit certain people to the flight deck. The PICs decision to deny permission for certain people to enter the flight deck cannot be second-guessed, without undermining the safety underpinning for a having a "PIC-permission-provision" in the regulations. There, however, is nothing under part 135 that addresses admission to the flight deck in the same manner as § 121.547.
For your information and records, we also have enclosed a letter dated October 17, 2002, concerning the authority of a pilot in command. We trust this letter responds to your inquiry. Komal K. Jain, Office of the Chief Counsel, prepared this letter.
Sincerely,
Joseph A. Conte
Manager, Operations Law Branch
Federal Aviation Administration
Regulations Referenced
Snapshot retrieved August 6, 2026.