Legal Interpretations

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An individual asked whether a CFI-led mountain flying tour, with each participant flying their own aircraft, needs 14 CFR part 135 certification. The FAA said it does not appear to, since no passengers or property are carried for hire, but the compensated tour leader needs at least a commercial pilot certificate and appropriate medical certification. The opinion covers only U.S. operations, not Canada.

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Bogle & Gates asked whether changing a hypothetical so Flying Service owned the aircraft, dry-leased it to Owner, and supplied crews for Owner's shareholders altered the FAA's earlier conclusion. The FAA said it did: Flying Service would need a 14 CFR part 135 certificate, though a final determination requires review of all facts of the actual operation.

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An airplane owner asked whether planned aerial photography and survey flights could be flown under 14 CFR part 91 instead of 14 CFR part 135. The FAA said they appear to qualify for the exception if that is their sole purpose, but not if the aircraft lands away from its origin; serving as an aerial platform for others for compensation or hire requires at least a commercial pilot certificate.

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Aurora Aviation, a part 135 air taxi operator, asked about renting a privately owned, part 91-maintained aircraft to charter customers using pilots who also fly for Aurora. The FAA said that because Aurora would provide the aircraft and pilots and receive payment, the flights would be considered Aurora's and must comply with 14 CFR part 135.

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An individual planning to locate radio-collared wildlife and count herds with a biologist aboard asked whether this was aerial survey work excepted from 14 CFR part 135. The FAA said yes: "survey" carries its ordinary meaning, which has included counting animal populations from an aircraft, so no Part 135 operating certificate would be required.

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A compensated, daytime VFR flight carrying only the pilot and no cargo, made solely to dispose of cremated human remains aloft, appears to be an aerial work operation excepted by 14 CFR 135.1(b)(4), so no Part 135 certificate would be required. A commercial pilot certificate satisfies the 14 CFR part 61 requirement for acting as pilot in command for compensation or hire.

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A captain asked how the domestic flight time and rest rules of 14 CFR 121.471 apply when flights run long. The FAA said a pilot legal to start may exceed the 14 CFR 121.471(a)(3) limit on a last flight, the section sets no duty limit, and its scheduling rules are prospective, but delays cannot infringe on the next required rest period.

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A requester asked whether simulator time could meet the Part 141 chief instructor PIC requirement and whether Air Force experience could meet the Part 135 chief pilot requirement. The FAA said no to both: 14 CFR 141.35(d)(2) requires actual flight time, and 14 CFR 135.39(b)(1)(ii) counts only specified PIC experience in commercial operations.

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A part 121 pilot asked whether on-call reserve duty at home counts toward the required 24 consecutive hours of rest in any seven days. The FAA said no: reserve status requiring availability for an immediate assignment is duty, so the pilot may not be assigned the Monday flight until first given a prospective 24-hour period free of all duty. Only the carrier can be charged under 14 CFR 121.471(d).

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The fueling fire-safety training rules in 14 CFR 139.321 apply to airport certificate holders and the employees of fueling agents, such as fixed base operators and tenant fuel companies, not to private pilots refueling their own aircraft. Airport authorities may still voluntarily impose additional fire-safety requirements.

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An attorney asked whether Public Service Company of Colorado's helicopter flights carrying Tri-State maintenance crews fall under Part 135. The FAA said uncompensated flights to jointly owned work sites are Part 91 operations, but carrying Tri-State crews for compensation or to Tri-State-only sites is Part 135, and combining such transportation with pipeline patrol defeats the patrol exception.

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A 14 CFR part 135 pilot may not do any work assigned by the certificate holder, such as repair station work, fueling, sales calls, or training or 14 CFR part 91 flights, during a required rest period. Work for another company is a qualified yes, but that commercial flying counts against flight time limits, and flying without rest can be careless or reckless operation.

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Elliott Beechcraft asked how much passenger oxygen a pressurized Part 135 aircraft must carry under 14 CFR 135.157(b). Above 25,000 feet MSL, a 10-minute supply is the minimum. Below that, the specific supply rules apply when the aircraft must stay above 10,000 feet MSL after a pressurization failure, but the operator remains responsible for enough oxygen for passenger safety and comfort during the descent.

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Northwest Airlines asked whether the domestic flight time and rest rules apply to pilots in ground school. The FAA said 14 CFR part 121, subpart Q does not apply during ground and simulator training unless the training is treated as a rest period, and 14 CFR 121.471(d) does not require a 24-hour duty-free period solely because a pilot spent six consecutive days in ground school.

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EXECUFLIGHT Aero Services asked how much passenger oxygen a pressurized Part 135 aircraft must carry. The FAA said the 14 CFR 135.157(b)(2)(i) and (ii) passenger supplies apply when the flight must continue above 10,000 feet MSL after a pressurization failure, but the 10-minute supply required above 25,000 feet MSL is only a minimum and the carrier must carry enough oxygen for passengers during the descent.

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The Silicon Valley Express asked why 14 CFR 135.63 requires duplicate load manifests. The FAA explained that one copy flies with the aircraft and one stays on the ground, so weight and balance information relevant to a crash is not lost if the only copy is destroyed.

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Aviation Records, Inc. asked whether Part 135 operators may deviate from the rules under 14 CFR 135.19 to help fight wildfires. The FAA gave no opinion without specific facts, explaining that a bona fide emergency must exist and that the FSDO decides after the fact whether the emergency was valid and the deviation necessary.

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AVEMCO Insurance Company asked about private pilots flying passengers through the Pilots & Passengers Association. The FAA agreed that 14 CFR 61.118 prohibits participation: pilots would not genuinely share expenses, and because passengers would be solicited from the public, each pilot would probably be engaged in common carriage subject to 14 CFR part 135.

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Pilots & Passengers Association matched passengers with pilots who would fly them in exchange for sharing expenses. The FAA said each pilot accepting such payments flies for compensation or hire, even under the 14 CFR 61.118(b) expense-sharing rule, and is probably engaged in common carriage, making the pilot an air carrier subject to 14 CFR part 135.

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A September 2024 FAA interpretation concluded that the “in person” wording of 14 CFR 43.3(d) requires a supervising mechanic to be physically present, so remote supervision by video is not allowed; it did not reach electronic return-to-service documentation. In October 2024 the FAA stayed that interpretation while it reviews its policies and regulatory options.

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A mechanic or repairman supervising another person's work under 14 CFR 43.3(d) must be physically present; live video, photographs, or other remote means do not satisfy the 'readily available, in person' requirement. The FAA did not reach the question of documenting return to service electronically.

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FAA counsel concluded that 14 CFR part 43 does not apply to maintenance of cargo unit load devices (ULDs) unless a ULD is included in the aircraft's type design, which most aircraft do not do. TSO-C90 approval alone does not change that, though a type-design cargo loading system that restrains ULDs is subject to 14 CFR part 43.

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The FAA said a repair station should not hold a limited rating under 14 CFR 145.61 that duplicates and conflicts with its class rating under 14 CFR 145.59, because the two are designed to be mutually exclusive. The FAA should deny such limited ratings unless the class rating is surrendered, and stations already holding both should be asked to give one up.

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A repair station should not be issued a limited rating for an article its class rating already covers. Where both exist, the FAA recommends removing one by amending the certificate, and if a station that no longer qualifies will not surrender a rating voluntarily, enforcement action may be necessary.

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A recreational pilot asked whether a recreational pilot may perform preventive maintenance on the pilot's own aircraft. The FAA said yes under 14 CFR 43.3(g), but because 14 CFR 43.7(f) requires at least a private pilot certificate to approve such work for return to service, the aircraft may not be operated under 14 CFR 91.407(a)(1) until an authorized person approves it.

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An A&P mechanic with inspection authorization asked whether the customer's logbook is needed to record maintenance and return to service. The FAA said the entry may be made on a separate piece of paper, since the rules do not specify what the maintenance record must be, and the owner remains responsible for keeping records under 14 CFR 91.417.

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Precision Design asked four maintenance record questions. The FAA said a blanket statement that all ADs were complied with does not meet 14 CFR 91.417(a)(2)(v), and a 100-hour inspection need be recorded only in the aircraft's records. Because FAA rules do not prescribe how to correct errors or remove unauthorized comments, those questions were referred to Flight Standards.

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An aircraft owner asked whether a transponder test and inspection under 14 CFR 91.413 is recorded under 14 CFR 43.9 or 14 CFR 43.11, after FSDO inspectors insisted on 14 CFR 43.11. The FAA said 14 CFR 43.9 applies, because appendix F to 14 CFR part 43 requires it and the transponder inspection is a maintenance procedure.

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A mechanic asked which tasks must be logged under 14 CFR 43.9(a) and whose names must appear. The FAA said only maintenance, preventive maintenance, rebuilding, or alteration must be recorded, with the performer's name, and that routine preflight tasks need no entry. The answers address general aviation, not necessarily part 121 or 135 operations.

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Metal Innovations, a repair station, asked whether noncertificated contractors' equivalent quality control systems must include FAA drug and alcohol testing, and how "inspection" is defined for verifying their work. The FAA said the quality control system does not include drug and alcohol testing, though persons performing safety-sensitive functions for an employer need such a program. Inspection is not formally defined; the repair station should follow its quality control manual.

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Aircraft owners/operators and A&P mechanics may assist an IA holder with an annual inspection under supervision, handling preliminary tasks such as removing inspection plates, access doors, fairings, and cowlings and cleaning the aircraft. They may not inspect the listed items or make airworthiness determinations; only the IA holder may do that and approve the aircraft for return to service.

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CommuteAir asked whether a newly certificated mechanic has 24 months before 14 CFR 65.83 applies. The FAA said the rule applies to every certificated mechanic, who must meet it before exercising certificate privileges, and that pre-certification experience may be applied. It corrects and replaces a November 4, 2015 interpretation that cited the wrong regulations.

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AerSale asked whether a repair station with a limited airframe rating must have a hangar big enough for the largest aircraft on its operations specifications. The FAA said yes: 14 CFR 145.103(b) applies to limited airframe ratings too, so AerSale needs housing that can enclose a Boeing 747. Contrary language in the earlier Short Brothers exemption denial was dicta and incorrect.

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A part may be recorded as overhauled after only cleaning and inspection when that is all the FAA-approved overhaul instructions require. This assumes the mechanic follows all of the approved instructions and does not discover that additional repairs are needed; doing less than the full approved process means the part cannot be labeled overhauled.

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A part may be described as overhauled under 14 CFR 43.2 after only cleaning and inspection when the overhaul instructions or other data acceptable to the Administrator require only that, provided the mechanic completes the entire process and finds no further repairs needed. The interpretation corrects a June 30, 2015 response that mistakenly referred to "FAA-approved overhaul instructions" and strikes it from the FAA database.

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The Aircraft Electronics Association asked whether repair stations may test altitude-keeping and transponder equipment on experimental aircraft, which 14 CFR part 43 and 14 CFR part 145 exclude. The FAA said yes: no regulation, including 14 CFR 145.201(b), prohibits it, and 14 CFR 91.411 and 14 CFR 91.413 still impose those test requirements on experimental aircraft.

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A requester asked whether an annual inspection logbook entry must state that it followed 14 CFR part 43, appendix D. The FAA said no: the checklist used must cover at least the scope and detail of appendix D under 14 CFR 43.15(c), but the entry need not say so, and the requester's similarly worded airworthiness statement met 14 CFR 43.11(a).

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Direct Flight, Inc. asked whether an annual inspection must be logged in the aircraft, engine, and propeller logbooks. The FAA said only the aircraft receives an annual inspection, so 14 CFR 43.11(a) requires an entry only in the aircraft's maintenance record. An inspection authorization holder may also make product-specific entries in engine and propeller logbooks, which is good practice when multiple logbooks are kept.

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NetJets, Inc. asked whose work order a repair station uses under 14 CFR part 43, appendix B, paragraph (b)(1), and whether NetJets can require that option for its non-CAMP aircraft. The FAA said the repair station may use NetJets' work order, but no regulation it knew of requires a repair station to use paragraph (b); NetJets' only leverage is its contract.

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A law firm for Atlas Air asked whether a Part 121 carrier could accept hazardous materials training given by a foreign air carrier or a Part 145 repair station and add only differences training. The FAA said no to both: foreign air carriers are not certificate holders and their training programs are not FAA-approved, and repair station employees must be trained under the air carrier's own approved program.

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Keystone Turbine Services, a repair station, asked whether remotely located field representatives could perform AOG maintenance at customer locations after its FSDO denied the request. The FAA said yes: 14 CFR 145.203(b) allows recurring work away from the fixed location when the manual includes procedures for it, and the rule sets no required frequency for returning to the fixed location.

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A part 121 pilot who also holds an A&P certificate may perform maintenance and preventive maintenance on the company aircraft he or she flies, under the mechanic privileges in 14 CFR 43.3(b). The work must follow the certificate holder's maintenance program required by 14 CFR 121.367.

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The FAA said Order 8110.103A is correct: a person with actual notice of an AD's secondary references, such as a repair station required by 14 CFR 145.109(d) to keep them, must follow them or obtain an alternative method of compliance under 14 CFR 39.19. Whether a person had actual notice is a factual question in each case.

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Piedmont Propulsion Systems asked whether design approval holders may restrict mandatory propeller inspections and repairs to their own facilities. The FAA said no: 14 CFR 21.50(b) requires complete instructions for continued airworthiness to be made available to persons with a need to comply, such as a repair station working on the product. Enforcement depends on the facts but may include compliance orders, cease and desist orders, or civil penalties.

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An individual asked whether only the mechanic who approves maintenance is responsible for improper work. The FAA said no: under 14 CFR 43.13(a) and 14 CFR 43.13(b), each person who performs maintenance is responsible for doing it properly, so contributing mechanics who did not approve the work may also face FAA enforcement action.

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The Aeronautical Repair Station Association asked whether design approval holders must make component maintenance manuals referenced in Airworthiness Limitations Sections available to repair stations. The FAA said such manuals are part of the ICA under 14 CFR 21.50(b) and changes must be made available, but only to repair stations with an actual need to comply, not every properly rated repair station.

FlightPush Summary

When a repair station approves an article for return to service, it does so under its own certificate, and the plain text of 14 CFR 145.157(a) requires only that the signer be certificated under part 65. The repair station must still provide qualified personnel under 14 CFR 145.151(b), and the FAA expects to propose a correction of the 2001 omission.

FlightPush Summary

There is no hierarchy between 14 CFR part 43 and 14 CFR part 65; both must be followed. The "approve and return to service" wording in 14 CFR 65.81, 14 CFR 65.85, and 14 CFR 65.87 is imprecise, since a mechanic without a pilot certificate cannot legally return an aircraft to service by flying it, but the FAA does not believe it has misled mechanics about their privileges.