Legal Interpretations

FlightPush Summary

An attorney for an air carrier broker asked whether part 125 operators may take cargo through brokers or forwarders that hold out to the public. The FAA said that to the extent a broker holds out on the operator's behalf, it violates 14 CFR 125.11(b), which prohibits direct and indirect holding out, and noted it is acting on reports of such noncompliance.

FlightPush Summary

The Transport Workers Union of America asked whether managers who give dispatcher competence checks must themselves be trained and checked. The FAA said yes: under 14 CFR 121.422(b), an appropriate supervisor or ground instructor must be competent and current in dispatch operations, so someone who has not recently completed initial and recurrent training does not qualify.

FlightPush Summary

An attorney for an airline pilot asked whether a felony conviction for a false state income tax return bars unescorted airport access, and whether a deferred adjudication counts as a conviction. The FAA answered neither question: aviation security rules moved to TSA in 2002 and are now at 49 CFR 1542.209(d)(26)(v) and 49 CFR 1544.229(d)(26)(v), so it referred the requester to TSA.

FlightPush Summary

A supplemental operations pilot asked when a certificate holder may use the international flight time rules under 14 CFR 121.513. The FAA said the certificate holder must affirmatively elect them and tell its flight crewmembers; multi-leg operations that are international in character can qualify, and no single leg must exceed 8 hours. Both of the pilot's example flights were eligible.

FlightPush Summary

Under 14 CFR 121.485(a), a flag carrier must provide adequate sleeping quarters, generally a bunk or berth and not a reclining passenger seat, when it realistically schedules more than 12 hours of flight time. A flight realistically scheduled for 12 hours or less that runs over due to unforeseen circumstances does not trigger the requirement.

FlightPush Summary

The FAA's Southwest Region counsel told the City of Garland, Texas, that its ordinance banning flight below 2,500 feet over the city conflicts with and is preempted by federal law. Only the FAA may limit aircraft in flight, and it already sets altitudes for flight over congested areas in 14 CFR 91.119.

FlightPush Summary

World Airways asked whether foreign Aer Lingus flight attendants on flights World operates for Aer Lingus must be drug and alcohol tested. The FAA said yes: the flights are 14 CFR part 121 supplemental operations under World's operational control, so the flight attendants perform safety-sensitive duties and must be tested under 14 CFR part 121, appendices I and J.

FlightPush Summary

The former FedEx Pilots Association asked whether a PIC may freely refuse to carry passengers seated aft of the flight deck. The FAA said no: the PIC's unfettered discretion under 14 CFR 121.547 applies only to the flight deck, and refusing a cabin passenger on the carrier's behalf under 49 U.S.C. 44902(b) must be a reasonable safety decision that can be reviewed.

FlightPush Summary

Critical Air Medicine, a Part 135 air ambulance operator, asked whether Austin could stop its in-city air ambulance service under a city ordinance. The FAA Southwest Region Regional Counsel concluded the city's action is preempted by 49 U.S.C. 41713 because Critical Air is a 14 CFR part 298 air carrier, regardless of whether its flights are interstate or intrastate.

FlightPush Summary

A requester asked whether a pilot in command's unfettered authority to refuse flight deck admission under 14 CFR 121.547 applies to all part 119 certificate holders. The FAA said no: the rule applies only when a certificate holder conducts part 121 operations, and part 135 has no comparable flight deck admission provision.

FlightPush Summary

A certificated mechanic asked whether a United Airlines doctor who is an FAA Aviation Medical Examiner could impose medical restrictions on him. The FAA said the AME designation gives no authority over mechanics but does not limit authority the doctor has from other sources. Mechanics have no FAA medical standards, but the FAA expects employers and mechanics to act responsibly about impairing conditions.

FlightPush Summary

An FAA inspector asked whether three pilots on a 10-hour supplemental international round trip may split the aloft time among themselves. The FAA said no: any pilot serving as a flight crewmember on a leg counts the leg's entire block-to-block time, so the PIC and First Officer A each count 10 hours toward the 14 CFR 121.521 limits. Questions about the third pilot were left for a later opinion.

FlightPush Summary

A prime contractor without air carrier certificates cannot exercise operational control of Part 121 or 135 flights operated through certificated subcontractors. Using an appropriately rated repair station for maintenance raised no apparent problem, but on the facts presented, operational control would appear to rest with the uncertificated contractor, which 14 CFR 135.77 and 14 CFR 121.533(a) do not permit.

FlightPush Summary

Pushback by a tug before the aircraft moves under its own power is not flight time for Part 121 flight time limitations. Taxiing under its own power from the gate to a de-icing pad is for the purpose of flight, so flight time starts then, runs until the aircraft comes to rest at the next point of landing, and counts toward 14 CFR 121.471.

FlightPush Summary

Helicopter Lift Services asked who may prepare the congested area plan required by 14 CFR 133.33(d)(1). The FAA said the regulations name no particular employee or officer and do not require a full-time employee, so the operator may hire a part-time employee for the task while remaining responsible for that employee's actions.

FlightPush Summary

A transponder deviation or waiver issued under 14 CFR 91.215(d) is valid. The rule lets ATC authorize deviations for an aircraft without operating Mode C altitude reporting or flying an inoperative transponder to its destination or a repair site (requested any time) and for an aircraft with no transponder (requested at least one hour ahead). The local facility issues them, and its process may vary.

FlightPush Summary

The Air Line Pilots Association asked whether taxi time from the gate to a de-icing pad counts as flight time. The FAA said yes: because FAA-required de-icing is preparatory to flight, flight time begins when the aircraft taxis under its own power from the gate and runs until it comes to rest after landing, all credited toward 14 CFR 121.471 limits.

FlightPush Summary

Time a pilot must remain available to answer the carrier's phone is not rest under 14 CFR 121.471. In the scenario, nine hours of prior rest satisfied the rule if less than 8 hours of flight time was scheduled, but not for 8 to under 9 hours, which requires 10 consecutive hours of rest.

FlightPush Summary

Helicopter Lift Services, Inc., which arranges helicopter external-load work through Part 133 operators, asked several questions about 14 CFR part 133. The FAA said it needs no Part 133 certificate if it does not hold itself out as the operator and the operators retain operational control, but it cannot submit congested area plans for them, and whether an airport is "busy" depends on the facts.

FlightPush Summary

Aerobatic flight is not permitted anywhere within the Class D or Class E airspace designated for Columbus Airport (BAK), because 14 CFR 91.303(c) prohibits aerobatics within airport surface areas, which extend upward from the surface. A waiver under 14 CFR 91.903 may be available in certain circumstances if obtained before the flight.

FlightPush Summary

The Allied Pilots Association asked how delays affect domestic pilot rest under 14 CFR 121.471. The FAA said look-back rest may be reduced to 8 hours only with 10 hours of compensatory rest beginning within 24 hours after the reduced rest began, flights must be planned on actual expected flight and taxi-in time, and a flight may not depart if expected to leave less than 8 hours of look-back rest.

FlightPush Summary

"24 calendar months" in the regulations means 24 whole months, so a student pilot certificate issued January 2, 2000 under 14 CFR 61.19 expires January 31, 2002. By contrast, "24 months" means two years from date to date, and some rules, such as 14 CFR 61.58(g), add a grace month.

FlightPush Summary

Evergreen International Airlines asked whether scheduled Tel Aviv to New York flights marketed by a tour operator could run under its supplemental operations specifications. The FAA said no: assuming they are scheduled passenger-carrying operations, they are flag operations and must be conducted under flag operations specifications, although Evergreen's all-cargo flight may stay under the supplemental rules.

FlightPush Summary

A Dassault Falcon 900B with 10 to 19 passenger seats that entered the U.S. register in 1989 does not have to meet the flight recorder requirements of 14 CFR 135.152(a) to operate under 14 CFR part 135, because that rule covers aircraft registered after October 11, 1991. Paragraph (b), which covers 20 to 30 seats, also does not apply.

FlightPush Summary

WorldWind Helicopters asked whether pipeline patrols that land to drop inspectors at leak sites and pump stations could be flown under 14 CFR part 91. The FAA's regional counsel said no if the inspectors are carried for compensation or hire: carrying people between places gives the flight a dual purpose, so it is not aerial work and must be conducted under 14 CFR part 135.

FlightPush Summary

A requester asked how an SIC in 14 CFR part 121 operations may log time. The FAA said the SIC logs instrument time as SIC instrument time, cannot log an approach the PIC flew for currency, and may log PIC time while sole manipulator of an aircraft for which the SIC is rated, even though the designated PIC remains PIC and also logs it.

FlightPush Summary

PacifiCorp Trans, an air transportation subsidiary of energy company PacifiCorp, asked whether it could charge Scottish Power for flying its employees during Scottish Power's purchase of PacifiCorp. The FAA said no charge is allowed under 14 CFR 91.501(b)(5) because the subsidiary's business is air transportation. The parent PacifiCorp, if it ran the flights, could charge guests a pro rata share of costs.

FlightPush Summary

A flag carrier cannot start a day with a two-pilot crew under 14 CFR 121.481 and then add a third pilot to fly a later segment under the longer 12-hour limit of 14 CFR 121.483. The pilots must first receive the rest period required by 14 CFR 121.481(b); otherwise the conversion would defeat the rest rules.

FlightPush Summary

The Air Line Pilots Association asked about a PIC's duties when the passenger count differs from the load manifest. The FAA said no rule requires the PIC to count passengers, and the certificate holder is responsible for manifest accuracy, but the PIC must resolve discrepancies affecting weight and balance and could violate weight and performance rules such as 14 CFR 91.605 and 14 CFR 121.189.

FlightPush Summary

The Aircraft Owners and Pilots Association asked whether a Part 135 operator may call a resting pilot to assign a trip that starts after the rest period. The FAA said yes, as long as the pilot had no obligation to answer the phone or pager; such contact does not interrupt the required continuous rest.

FlightPush Summary

Aspen Aviation asked whether part 97 takeoff minimums for Aspen's Lindz 3 departure bind part 91 flights. The FAA agreed they do not, because the takeoff minimums rule in 14 CFR 91.175(f) covers only operators under parts 121, 125, 127, 129, and 135, but said a category C aircraft cannot fly the Telluride approach, which excludes category C and D aircraft.

FlightPush Summary

Fred Meyer, Inc. asked whether it could fly golfers to the Fred Meyer Challenge under 14 CFR part 91 in return for a charitable donation in its name or sponsor status. The FAA's regional counsel said both would be compensation or hire, generally requiring 14 CFR part 121 or 14 CFR part 135, unless modified to fit the limited compensation allowed under 14 CFR part 91 subpart F.

FlightPush Summary

An attorney asked whether a client's administrative driver's license suspension for exceeding Oregon's blood alcohol limit matters under 14 CFR 61.15. The FAA said the motor vehicle action definition in 14 CFR 61.15(c)(2) appears to apply and requires no criminal conviction; if it applies, the suspension is reportable. A single action carries no adverse consequences, but two within 3 years can support adverse action.

FlightPush Summary

An individual asked whether news media aircraft may enter a temporary flight restriction area without permission. The FAA said accredited news media aircraft may do so if they file a flight plan and stay above the altitude used by disaster relief aircraft; with the on-scene official's authorization, neither condition applies. Entering without meeting either path violates 14 CFR 91.137(c).

FlightPush Summary

Air Surveillance Corporation asked whether it needed a Part 135 certificate for aerial surveillance and security flights that depart and return to the same airport with no stops. The FAA said no: these are aerial work operations excluded from Part 135 by 14 CFR 135.1(b) and can be flown under 14 CFR part 91, though the pilot in command needs at least a commercial pilot certificate.

FlightPush Summary

An attorney asked the FAA to confirm that rentals of Cessna Citation N19ER could be conducted under 14 CFR part 91. The FAA's regional counsel agreed on the facts provided, since the lessee would assume operational control, but warned that marketing a transportation package, restrictive insurance pilot terms, or combined scheduling and billing for aircraft and pilots could change that result.

FlightPush Summary

Air Surveillance Corporation proposed an aerial surveillance and crime-prevention service using light aircraft. The FAA said the flights would be an integral part of the business, not merely incidental to it, so pilots paid to act as pilot in command need at least a commercial pilot certificate under 14 CFR 61.118. Receiving flight time to build hours also counts as compensation.

FlightPush Summary

The Confederate Air Force asked whether amenities and flight time given to its volunteer pilots are compensation. The FAA said amenities count only if conditioned on flying CAF aircraft, and free flight time counts unless pilots pay full operating costs or do not log it. Compensated pilots need a commercial certificate and second-class medical; otherwise a private certificate and third-class medical suffice.

FlightPush Summary

An attorney asked how 14 CFR 91.501(b)(4) applies to companies flying their own people without charge. The FAA's regional counsel said the operator's employees, officials, and property may be carried as its personal transportation, and no separate primary business is required, though air operations that are themselves a major enterprise for profit would appear to be for compensation or hire.

FlightPush Summary

A requester asked whether skydivers without approval could land near an active runway at Vance Brand Airport under 14 CFR 105.17. The FAA noted skydivers already have airport management approval to jump over and land on the airport, so the rule's drift-over exception does not apply.

FlightPush Summary

Stevens Aviation, Inc. asked whether its six separately certificated repair stations could share tools. The FAA said each station must independently have the required equipment on its premises and in its possession or control under 14 CFR 145.47 and 14 CFR 145.49. Leasing can work with ongoing control and possession, but passing equipment between certificate holders on temporary or intermittent loans does not.

FlightPush Summary

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.

FlightPush Summary

Holland & Hart asked about two corporations co-leasing a large aircraft, one used solely for an individual's personal flights. The FAA said the personal-use corporation needs no 14 CFR part 135 certificate because the other keeps operational control and the individual is not charged, but the co-lessees cannot use the time-sharing or joint-ownership provisions of 14 CFR 91.501, though they may petition for an exemption.

FlightPush Summary

An attorney asked how 14 CFR 91.501 applies to non-U.S.-citizen companies operating a trust-registered business jet. The FAA said 14 CFR 91.501(b)(5) applies to operators, not just owners, but a company whose primary business is air transportation for other companies needs an operating certificate. Trust beneficiaries are not owners and cannot form a joint ownership agreement, though 14 CFR 91.501(c)(1) may be available.

FlightPush Summary

An attorney asked how a foreign parent, a U.S. holding company, and its subsidiaries could share an airplane under 14 CFR 91.501. The FAA said an operator may charge its parent, subsidiaries, or sister subsidiaries, not more distant affiliates, for ownership, operating, and maintenance costs; joint ownership requires all users be registered joint owners; a company formed only to operate it would appear to need a commercial operator certificate.

FlightPush Summary

A requester asked how 14 CFR 121.471(b) rest rules apply to reserve pilots under United Airlines policies. The FAA said reserve duty is not rest because the pilot keeps a present responsibility for work; a reserve pilot assigned flight time must be relieved of all duty early enough to get the required continuous rest in the 24 hours before the assignment's scheduled completion.

FlightPush Summary

Under a time-sharing agreement, crew salaries cannot be charged under 14 CFR 91.501(d), and crew travel expenses are reimbursable only for the aircraft's normal one-pilot crew. The FAA suggested alternatives: the lessee could obtain and pay for a second pilot itself, the operator could provide one without reimbursement, or the operator could petition for an exemption.

FlightPush Summary

Company executives may not pay the company for personal use of its aircraft under 14 CFR 91.501(b)(5), because that rule covers only carriage incidental to the company's business. A time-sharing agreement for a large aircraft (more than 12,500 pounds) must be a written lease filed with the FAA in Oklahoma City.