Legal Interpretations
Cintron-AFS-800 2011
Summary
The Question
Must a pilot repositioning an aircraft for part 137 agricultural operations meet the pilot-in-command proficiency check requirement of 14 CFR 61.58(a)?
Background
The FAA General Aviation and Commercial Division asked whether the part 137 exception in 14 CFR 61.58(b) covers repositioning flights by part 137 certificate holders.
The FAA’s Interpretation
Yes, if the aircraft is type certificated for more than one required pilot. The 14 CFR 61.58(b) exception covers agricultural aircraft operations as defined in 14 CFR 137.3, but repositioning flights are ferry flights conducted under 14 CFR part 91, so the pilot must satisfy the 14 CFR 61.58(a) proficiency check.
- Requester
- Cintron
- Organization
- AFS-800
- Issued
- May 12, 2011
- Subjects
- Pilot Certification & Privileges · General Operating & Flight Rules
Regulations Cited
Page 1
Federal Aviation
Administration
Memorandum
Date: MAY 1 :2 !JTT --
To: Melvin 0. Cintron, Division Manager, General Aviation and Commercial
Division, AFS-800: ~ ~ ~
From: {tiv-Rebecca B. MacPherson, Assistant Chief Counsel for Regulations, AGC-200
Prepared by: Anne Moore, Attorney, AGC-240
Subject: Pilot-in-command proficiency check requirements for pilots conducting
repositioning flights in conjunction with agricultural aircraft operations
This memorandum responds to your request for a legal interpretation regarding the applicability of the pilot-in-command proficiency check required by § 61.58(a) to pilots conducting rep0sitioning flights in conjunction with part 137 agricultural aircraft operations.
Section ·6I .58(a) requires a pilot to receive an annual proficiency check to serve as pi lot in command of an aircraft type certificated for more than one required pilot flight crewmember. This requirement does not apply to persons conducting agricultural aircraft operations under part 137. 14 C.F.R. § 61.58(b). As defined in the regulations, an agricultural aircraft operation is "the operation of an aircraft for the purpose of (1) dispensing any ·economic poison, (2) dispensing any other substance intended for plant nourishment, .soil treatment, propagation of plant life, or pest control, or (3) engaging in dispensing activities directly affecting agriculture, horticulture, or forest preservation, but not including the dispensing of live insects." 14 C.F.R. § 137.3. We concur with your position that a repositioning flight conducted by a part 137 certificate holder does not fall under the exception in§ 61.58(b). The glossary to the Aeronautical Information Manual states that a ferry flight includes a flight for delivering an aircraft from one location to another. We have consistently stated that such "repositioning" flights are operations conducted under part 91. Accordingly, a pilot who is repositioning an airplane for the purpose of conducting agricultural aircraft operations must satisfy the pilot-in-command proficiency check requirements of§ 61.58(a) if the aircraft involved is type certificated for more than one required pilot flight crewmember.
Page 2
Any questions additional questions concerning this memorandum should be directed to the Office of the Chief Counsel, Regulations Division.
Regulations Referenced
Snapshot retrieved August 6, 2026.