Legal Interpretations

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.

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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.

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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.

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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.

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Preston, Gates & Ellis asked whether a Boeing 727 could fly two Vancouver professional sports teams to away games under a time-sharing agreement. The FAA said the operation could be conducted under 14 CFR part 91, subpart F, with charges limited to those in 14 CFR 91.501(d), assuming an appropriate deviation from 14 CFR part 125 is granted.

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Bogle & Gates asked whether a turbojet owned by a single-asset corporation could be flown by a manager for the corporation's two shareholders under 14 CFR part 91. The FAA said no: the shareholders' payments are compensation, so 14 CFR part 135 certification is needed by the owner or possibly the manager. Wet leases to a part 135 carrier that is truly the operator are proper.

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In a non-radar IFR environment, a pilot must begin a standard instrument approach procedure at the published initial approach fix and fly the entire procedure, because TERPs descent gradients and obstruction clearance cannot otherwise be assured. A published feeder route is mandatory, a DME arc cannot substitute for the IAF, and a published procedure turn must be flown when cleared for the approach unless a 14 CFR 91.175(j) condition applies.

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When a progressive inspection program is discontinued, the next 100-hour inspection under 14 CFR 91.409(d)(4) is due within 100 hours of the number four progressive inspection, the one that completes the yearly cycle. Only a full completed cycle is equivalent to the 100-hour and annual inspections the program replaces.

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An attorney asked the FAA to revisit its earlier view that First Security Bank could not carry another bank's documents for compensation under Part 91. Given new facts showing the bank processes other banks' checks and transports them as part of that business, the FAA concluded the flights are incidental to that business and may use the company aircraft under 14 CFR 91.501, sharing costs under 14 CFR 91.501(d).

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A commercial pilot asked whether flying a vehicle company's drivers to pickup sites in a rented aircraft fell under 14 CFR part 91 or 14 CFR part 135. As described, the company is the operator, receives no payment, and the carriage appears not to be for compensation or hire. If the pilot instead supplied aircraft and pilot services for payment, a commercial operator certificate would be required.

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Aspen Base Operation asked whether a limited partnership could fly turbojets for its partners and guests under part 91 while recovering operating costs. The FAA said no: a company formed primarily to provide air transportation does not qualify under 14 CFR 91.501, so the flights need 14 CFR part 135. An airplane operated under part 135 may fly under part 91 only to carry its owner and guests.

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A company may accept reimbursement for carrying a government official on its corporate airplane only when the carriage is within the scope of, and incidental to, the company's business, and only up to the cost of owning, operating, and maintaining the airplane. Otherwise, accepting payment requires an appropriate FAA operating certificate.

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The Wichita Flight Standards office asked whether a Part 135 operator could rent its aircraft to non-pilot customers and supply its own pilots as Part 91 flights. The FAA said no: by arranging the pilots, drafting and negotiating the pilot contract, and providing a complete transportation package, the operator kept operational control, so the flights require a Part 135 certificate and qualified pilots.

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Nike, Inc. asked whether a time-sharing agreement with its CEO could cover personal flights for him and public officials. The FAA said no, because 14 CFR 91.501(b)(6) does not allow leasing a company aircraft to an individual, but the flights would appear permissible under 14 CFR 91.501(b)(4) if nothing is charged.

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Nordstrom asked about two uses of its company aircraft. The FAA said it may carry a vendor on a flight incidental to company business and charge a pro rata share of the operating cost under 14 CFR 91.501(b)(5). It may not lease the aircraft and crew to an employee for personal use under the time-sharing provision.

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Nordstrom asked whether two proposed flights fit 14 CFR part 91 subpart F. The FAA said a non-employee traveling on company business may be charged up to a pro rata share of costs under 14 CFR 91.501(b)(5), but questioned whether an employee time-sharing agreement fits 14 CFR 91.501(b)(6), referred that question to headquarters, and suggested not conducting it meanwhile.

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An individual asked who may grant part 91 waivers under 14 CFR 91.903. The FAA said each Regional Air Traffic Division Manager holds that delegated authority (except for aerial demonstrations and air races) and may re-delegate it, and that the delegation need not be published in the Federal Register, though the FAA Orders are open to public inspection.

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A requester asked how the FAA delegated authority to grant part 91 waivers under 14 CFR 91.903. The FAA said FAA Order 1100.5C delegates it to Regional Air Traffic Division Managers, except for aerial demonstrations and air races, and that the delegation need not be published in the Federal Register; waivers are still requested on the appropriate form at any FAA office under 14 CFR 91.903(b).

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A safety pilot in a high-performance airplane does not need a high-performance endorsement. Under 14 CFR 91.109(b)(1), the safety pilot needs only a private pilot certificate with category and class ratings appropriate to the aircraft, here airplane single-engine land. Flight Standards encourages safety pilots to be familiar and current in the aircraft, and the FAA was reviewing whether to require the endorsement.

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Continental Airlines asked whether its airworthiness certificates could hang on the cockpit side of the cockpit door, visible only to the flight crew. The FAA said yes: 14 CFR 91.27(b) requires the certificate to be legible to passengers or crew, not both, so this placement complies.

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A requester asked how a company can hire a pilot to fly its people and equipment under 14 CFR part 91. If the pilot rents the airplane and is paid, the pilot provides both airplane and pilot and needs a 14 CFR part 135 certificate; the company must procure, schedule, and pay for the airplane itself.

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Kilpatrick & Cody asked whether a partnership could operate leased aircraft under the company carriage provision now in 14 CFR 91.501(b)(5). The FAA said no: the provision is strictly construed to apply only to corporate parent-subsidiary operations and does not apply to partnerships or individuals. The FAA assumed the request meant paragraph (b)(5), since (b)(3) covers aircraft demonstrations.

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A requester asked whether 14 CFR 121.631(f) was meant to give more flexibility for en route release amendments. The FAA said the regulatory history does not show its intent, so the plain text governs: the new airport must be authorized for the aircraft type and meet the cited requirements, which include 14 CFR 121.631(a).

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The FAA's Flight Standards Service asked about part 135 operators lacking exclusive use of an aircraft make and model needed for an AAIP under 14 CFR 135.419(a). The Chief Counsel's office said they use the 14 CFR 135.411 and 14 CFR 91.409 options, may seek approval of their own program under 14 CFR 91.409(f)(4) for aircraft covered by 14 CFR 91.409(e), and risk withdrawal of an existing AAIP.

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Island Air Express asked whether an employee may occupy a pilot seat without meeting 14 CFR 135.113. The FAA said that rule is a passenger-carrying requirement for aircraft with more than eight passenger seats, so it does not apply when only persons listed in 14 CFR 135.85 are aboard, but it does apply when anyone else is aboard.

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Flight Standards asked whether 14 CFR 121.99 requires two voice communication systems for ETOPS up to 180 minutes. The FAA's counsel said yes where voice facilities are available, since the rule requires independent dispatch communications and voice for ETOPS, with non-voice systems only as a substitute when voice is unavailable. Satellite or HF voice qualifies, and dispatch and ATC communications need not be simultaneous.

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Grant Aviation asked whether a check airman not conducting an en route check may sit in a Cessna Caravan's second pilot seat with nine passengers aboard. The FAA said yes: 14 CFR 135.113 does not require such qualified occupants to be actively engaged in their duties, addressing a misunderstanding that its 2015 Bernier-Winner interpretation and related guidance may have caused.

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Island Tyme asked whether an instructor qualified in the Beech 18 could instruct in its Piper Aztec because both are multiengine land airplanes. The FAA said no: a flight instructor in a 14 CFR part 135 training program must meet the 14 CFR 135.338(b) qualification requirements with respect to the Aztec, and it withdrew the earlier Sutch and Mirkin interpretations.

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A Part 135 chief pilot may keep the position with only a third-class medical certificate. 14 CFR 119.71 requires an ATP or commercial pilot certificate with appropriate ratings, qualification as PIC in at least one aircraft used in the operation, and satisfactory experience, but does not require that the chief pilot be permitted to serve as PIC in 14 CFR part 135 operations.

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Records of a pilot's release from employment kept under 14 CFR 121.683 must be requested and received under PRIA regardless of whether they relate to performance as a pilot. Under the separate "performance as a pilot" catch-all, records are included to the extent the pilot's behavior directly disrupts safe aircraft operations, per the FAA's 2014 Lorenzon interpretation.

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McMahon Helicopter Services argued that FAA guidance calling for an instrument approach on rotorcraft competency checks conflicts with 14 CFR 135.293(c). The FAA agreed the rule does not specifically require an approach but found no conflict: if the rotorcraft is so equipped, the POI may include an instrument approach in the instrument competency check.

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A Part 135 on-demand charter pilot on call at home who must report if contacted is on duty, not resting. The standby must be scheduled with on and off duty times, duty starts when the standby shift starts, and the 10-hour prospective rest requirement of 14 CFR 135.267(d) limits when standby can be scheduled or revised.

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FlyRight, a part 142 training center, asked whether its simulator instructors and check airmen could meet their 12-month two-flight-segment requirement in a light piston twin. The FAA said no: the segments must be flown in the same type, or if no type rating applies, the same class and category. It declined to reconsider its 2014 interpretation.

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A line check airman asked when the observation to extend a pilot's 120-day consolidation period to 150 days under 14 CFR 121.434(h)(4) must occur. The FAA said near the end of the 120-day period, not based on observations from operating experience months earlier. If consolidation is not completed by day 120 or 150, accumulated consolidation flight time reverts to zero.

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A former principal operations inspector may be hired as a check pilot by the part 135 certificate holder he or she oversaw, because 14 CFR 119.73 restricts only acting as the operator's agent or representative before the FAA. The check pilot must not make written or oral communications to the FAA on the operator's behalf.

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Era Helicopters asked whether the night visual reference rule in 14 CFR 135.207 applies during the brief instrument-only acceleration after an IFR departure from an offshore helideck. The FAA said no, because that rule applies only to VFR. The helicopter is proceeding visually under its IFR clearance during this transition, and the flight manual's Vmini limitation does not bar instrument-only control.

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Flight Standards asked whether manufacturer service bulletins and similar documents are mandatory for Part 135 operators using a manufacturer's maintenance program under 14 CFR 135.421. The FAA said yes for documents in effect when the program was adopted, but later ones bind only if the operator adopted the current program without a set date. A manufacturer's 'mandatory' label alone has no regulatory effect.

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Relaying an NTSB question, the FAA's Accident Investigation Division asked whether 14 CFR 121.651(a) lets a pilot take off on a weather report obtained before the airport's ASOS failed. The FAA said the rule is silent on equipment status and report age, but a pilot must have reasonable certainty the report accurately reflects conditions at the time of takeoff.

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A news helicopter pilot asked whether landing at the TV station to download images makes an electronic newsgathering flight a part 135 operation. The FAA said the stop takes the flight outside the aerial photography exception in 14 CFR 119.1(e), creating a dual purpose operation that requires a 14 CFR part 119 certificate, under the facts and assumptions stated.

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The Allied Pilots Association Training Committee asked whether carriers must schedule duty time for required distance learning. The FAA said a certificate holder must give pilots an opportunity outside rest periods to complete such training, which is duty; otherwise training done during rest is involuntary and interrupts rest. It withdrew its Robinson and Ewing interpretations to the extent they barred voluntary distance learning during rest.

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Rectrix Aviation asked whether all-cargo pilots in command must meet Part 135 pilot qualification hours and whether line checks may be done on revenue flights with passengers. The FAA said 14 CFR 135.243(a) applies only to passenger operations, but all-cargo pilots must still meet 14 CFR 135.243(b) or 14 CFR 135.243(c). Line checks may be conducted during revenue operations.

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HeliFlite Shares LLC asked whether the 14 CFR 135.168(b)(1) rule requiring occupants to wear life preservers beyond autorotational distance from the shoreline covers single-engine or multiengine helicopters. The FAA said it covers all rotorcraft, because neither the regulation nor the FAA's 2014 final rule distinguishes between the two.

FlightPush Summary

Time spent as second in command under 14 CFR 135.109, even by a type-rated pilot, does not count toward the 100 hours as pilot in command required by 14 CFR 135.225(e), because serving as PIC requires both designation and actually fulfilling PIC duties. The required pilot checks are separate from the 15-hour recent-experience requirement of 14 CFR 135.247(a), and a PIC must meet all applicable requirements.

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A requester asked whether Part 135 simulator checkrides and training may use a support pilot not qualified with the carrier. The FAA said its regulations set no specific support pilot requirements, pointing instead to crew pairing guidance in FAA Order 8900.1 and to seat support protocols in the carrier's approved training program.

FlightPush Summary

Revising an August 22, 2016 response, the FAA Chief Counsel told Flight Standards that one operator may use the same aircraft to meet the exclusive-use rules of 14 CFR 133.19 and 135.25, may use it for accepted flight instruction including solo flights, and must keep it operable, since a dormant certificate can face enforcement.

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Flight Standards asked whether DHL contract workers trained by Airborne Express could handle hazmat on Atlas Air aircraft. The FAA said yes under 14 CFR 121.1005(c), as long as Airborne Express holds a part 121 or 135 certificate, has the same hazmat operations specifications as Atlas, and trained them for that job function.

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Flight Standards asked when individual A&P mechanics must appear on an air carrier's maintenance provider list. The FAA said the listed provider is whoever performs the work and approves it for return to service: individual mechanics when they sign with their own certificates, work for a non-certificated company, or contract directly with the carrier, and a certificated provider such as a repair station when its certificate number is used.

FlightPush Summary

A part 135 operator may have a licensed A&P mechanic outside a DOT/FAA testing program perform emergency maintenance, abroad or at a U.S. airport with no covered provider available, but must meet the notice and re-inspection requirements of 14 CFR 120.35(c) and 14 CFR 120.39(c). The FAA superseded and revoked its May 29, 2015 interpretation, which described a one-leg flight provision not in the regulation.