Legal Interpretations
Sansiveri-Rectrix Aviation 2017
Summary
The Question
Must a Part 135 all-cargo pilot in command meet 14 CFR 135.243 qualifications, and may line checks be conducted on revenue flights with passengers?
Background
Rectrix Aviation's director of operations asked about pilot in command qualifications for all-cargo operations in aircraft not covered by 14 CFR 135.243(a)(1), and about conducting 14 CFR 135.299 line checks during passenger-carrying revenue flights.
The FAA’s Interpretation
Only partly for cargo pilots; yes for line checks. 14 CFR 135.243(a) covers only passenger-carrying operations, so it does not apply to all-cargo pilots in command, but they remain subject to 14 CFR 135.243(b) for VFR and 14 CFR 135.243(c) for IFR operations. Line checks under 14 CFR 135.299 can be conducted during revenue operations, though in some Part 135 operations that may not be practical.
- Requester
- Sansiveri
- Organization
- Rectrix Aviation
- Issued
- July 25, 2017
- Subject
- Air Carrier & Commercial Operations
Regulations Cited
Page 1
U.S. Department
o f Transportation
Federal Aviation
Administration
JU( 2 5 2017
Rectrix Aviation, Inc.
Office of the Chief Counsel
Attn: Brian Sansiveri, Director of Operations
777 Virginia Road
Concord, MA 01742
800 Independence Ave., S.W.
Washington, D.C. 20591
Re: Pilot in command qualifications under 14 C.F.R. § 135.243 and Hoe checks
under 14 C.F.R. § 135.299.
Dear Mr. Sansiveri,
This is in response to your letter dated March 8, 2017, requesting an interpretation of 14 C.F.R. §§ 135.243 and 135.299. For your convenience, we have restated your questions below, followed by our interpretation of the applicable regulations. Question 1: Whether a pilot in command (PIC) ofa part 135 all-cargo operation (no passengers) is required to meet the hours of§ 135.243 to serve as PIC when the aircraft in use does not fall under the stipulations of§ 135.243(a)(l). Section 135.243(a)(l) requires that a PIC hold an airline transport pilot certificate with appropriate category and class ratings and, if required, an appropriate type rating for that airplane whenever the PIC conducts passenger-carrying operations in (1) a turbojet airplane, (2) an airplane having a passenger-seat configuration, excluding each crewrnember seat, of l 0 seats or more, or (3) a multiengine airplane in a commuter operation as defined in 14 C.F.R. part 119.
All-cargo operations are non-passenger carrying operations. Thus, § 135.243(a) does not apply to a PIC engaged in all-cargo operations. Such PIC is nonetheless subject to the qualification requirements in§ 135.243(b) if the operations are conducted under VFR, and§ 135.243(c) if they are conducted under IFR.
Question 2: Whether a § 135.299 line check can be conducted under normal revenue flights with passengers on-board the aircraft?
Section 135.299 line checks can be conducted during revenue operations. Notwithstanding, in certain part 135 operations it might not be practical to conduct a line
Page 2
check during an actual revenue operation. See Volume 3, Chapter 19, Section 13, Paragraph 3-19-13-3(1) of FAA Order 8900.1.
We trust that the above responds to your concerns. If you need further assistance, please contact my staff at (202) 267-3073. This response was prepared by Francisco E. Castillo, General Attorney in the Regulations Division of the Office of the Chief Counsel, and coordinated with the Air Transportation Division (AFS-200) of the Flight Standards Service.
Sincerely,
'\ / .."'\
~~J=-.,
Lorelei Peter
Assistant Chief Counsel for Regulations, AGC-200
Page 3
!,,, ..
March 8. 2017
Office of the Chief Counsel
800 Independence Ave SW
Washington, DC 20591
Rectrix Aviation, Inc.
Attn: Brian Sansiveri
777 Virginia Road
Concor d, MA 01742
To whom it may concern, ..1-.....(.r ..1---c..__:_ I I am writing this letter to request clarification on two regulations, specifically 135.299 and 135.243.
Question# 1
14 CFR Part 135.243 Pilot In Command Qualifications. The regulation clearly states in section (a) "No certificate holder may use a person, nor may any person serve, as pilot in command in passenger-carrying operations- ". Sections (b) & (c) stipulate the required hours to operate as a PIC under VFR and IFR respectively. They also contain the verbiage "Except as provided in paragraph (a) of this section,". I have placed the defining text in bold that relates to my question.
My question pertaining to this regulation is; would a PIC, under part 135 of an all cargo operation (no passengers), be required to meetthe hours of 135.243 to serve as PIC when the aircraft in use does not fall under the stipulations of 135.243 (a) (1)?
Question# 2
With regards to the checking requirements of 135.299 · Pilot in command: Line checks: Routes and airports. Can a company check airman, authorized to conduct proficiency and line checks from a pilot seat, conduct a 135.299 Line Check under normal revenue flights with passengers on-board the aircraft?
Confusion arises when reference to the 8900 guidance, Volume 5 Chapter 1 Section 4 paragraph 5-84 applies specifically to the carriage of passengers during practical tests. It states that the practice of carrying passengers is limited only to individuals who have a legitimate interest in the practical test It goes on to define who those persons may be. There is mixed determination on whether or not a 135.299 check is considered a practical check or an evaluation.
Your assistance in further understanding these regulations is greatly appreciated. Furthermore, if any clarification pertaining to the questions at hand is needed I can be contacted via the following:
bsansiveri@rectrix.aerQ.
781-274-0400 Ext 8416
Sincerely, .
Brian Sansiveri
Director of Operations
Rectrix Aerodrome Centers • Global Jet Charter • Rectrix Shuttle • Rectrix MRO flyrectrix.corn
Regulations Referenced
Snapshot retrieved August 6, 2026.