Legal Interpretations
Duncan-AFS-1 3 2015
Summary
The Question
Which part 135 passenger-carrying operations does 14 CFR 135.243(a)(1) list as requiring the pilot in command to hold an airline transport pilot certificate?
Background
The FAA's 2014 Kelley interpretation of 14 CFR 121.436(a)(3), the 1,000-hour experience requirement for part 121 pilots in command, paraphrased 14 CFR 135.243(a)(1) in a way that combined two operation types and caused confusion in the field.
The FAA’s Interpretation
Three separate operations. The memorandum corrects the Kelley paraphrase, which inadvertently combined two categories, and confirms that 14 CFR 135.243(a)(1) requires an ATP certificate for part 135 passenger-carrying operations using a turbojet airplane, an airplane with 10 or more passenger seats (excluding crewmember seats), or a multiengine airplane in a commuter operation as defined in 14 CFR part 119. The error did not affect Kelley's legal analysis.
- Requester
- Duncan
- Organization
- AFS
- Issued
- May 7, 2015
- Subject
- Air Carrier & Commercial Operations
Regulations Cited
Page 1
Federal Aviation
Administration
Memorandum
Date: MAY - 7 2015
To:
From:
Prepared by: Sara Mikolop, Staff Attorney, AGC-200
Subject: Con-ection of Reference to 14 C.F.R. § 135.243(a)(l) in
Legal Interpretation to Zachary Kelley
On March 7, 2014, this office issued a legal interpretation to Zachary Kelley regarding 14 C.F.R. § 121.436(a)(3), the requirement for 1,000 boms of pilot experience prior to service as a pilot in command (PIC) in part 121 operations (the Kelley Legal Interpretation). The purpose of this memorandum is to con-ect the description of 14 C.F.R. § 135.243(a)(l) provided therein.
The last sentence of the third introductory paragraph of the Kelley Legal Interpretation incorrectly paraphrases§ 135.243(a)(l). It states, "Section 135.243(a)(l) operations are passenger can-ying operations using a turbojet with a passenger-seat configuration of 10 seats or more, or using a multiengine airplane in a commuter operation for which the PIC must hold an ATP with appropriate category and class ratings, and if required, an appropriate type rating." This sentence inadvertently combined two of the part 135 passenger-carrying operations that require a PIC to hold an airline transport pilot certificate.
It has come to my attention that the incon·ect paraphrasing of§ 135.243(a)(l) in the Kelley Legal Interpretation has created some confusion in the field, although it does not affect the legal analysis provided in the interpretation. Accordingly, this memorandum confirms that § 135.243(a)(l) requires a PIC to hold an airline transport pilot certificate for the following passenger-caiTying operations conducted in accordance with part 135:
( 1) operations using a turbojet airplane; (2) operations using an airplane having a passenger-seat configuration, excluding each crewmember seat, of 10 seats or more; and (3) operations using a multiengine airplane in a commuter operation as defined in part 119 of Chapter 1, of Title 14.
Regulations Referenced
Snapshot retrieved August 6, 2026.