Legal Interpretations

FlightPush Summary

A requester asked how the 14 CFR 117.5 fitness-for-duty rule applies to fatigue. The FAA said fitness is an individual determination, so slight fatigue or 16 hours awake is not automatically disqualifying. A crewmember may fly only the segments for which he or she is fit and need not plan for an extension that has not been decided.

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Civic Helicopters asked four questions about the 5-day notice required by 14 CFR 119.63(b) before resuming Part 135 operations. The FAA said the notice need not list flight details, stays valid if the flight changes as long as it came at least 5 days before the flight, and should not precede the flight by more than 90 days; a competency/proficiency check can count toward the 90-day recency rule.

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Winner Aviation Corporation asked what qualifies a voluntary second pilot as SIC in single-pilot part 135 operations and whether a cockpit voice recorder is then required. The FAA said meeting 14 CFR 135.245 and 14 CFR 135.293 qualifies the pilot, subject to other operator requirements, and that 14 CFR 135.151 requires a CVR when the flight is flown as a two-pilot operation without the autopilot.

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The FAA revised its October 2014 Landis interpretation and concluded that a cockpit voice recorder is not required for single-pilot IFR operations under 14 CFR 135.105 when the required autopilot is used and authorized by operations specifications. If the autopilot is not functional, the aircraft is limited to single-pilot VFR or two-pilot operations under an approved SIC program with a CVR installed.

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A requester asked whether a Part 121 pilot may accept a CPDLC reroute before takeoff without dispatcher concurrence. The FAA said no, unless the pilot and dispatcher agreed during preflight planning that the flight could safely be conducted on that route, having considered fuel, performance, weather, and delays.

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Aviation Compliance LLC asked whether helicopter aerial hog hunting flights qualify for the 14 CFR 119.1(e)(7) exception from certification. The FAA said no, because the flights would not necessarily depart from an airport and would exceed six per year, and no other exception appears to fit. Assuming compensation, they require a 14 CFR part 119 certificate and compliance with 14 CFR part 135.

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The FAA's Flight Standards Service asked how dispatcher duty time limits apply. The Office of the Chief Counsel said training, familiarization flights, and other duties assigned by the certificate holder count as duty under 14 CFR 121.465, but dispatchers used only in supplemental operations are not subject to those limits, because 14 CFR 121.461(a) applies them to domestic and flag operations.

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A 2015 memorandum corrects how the FAA's 2014 Kelley interpretation paraphrased 14 CFR 135.243(a)(1). The rule requires a part 135 pilot in command to hold an airline transport pilot certificate for passenger-carrying operations in a turbojet airplane, in an airplane with 10 or more passenger seats, or in a multiengine airplane in commuter operations. The correction does not change Kelley's legal analysis.

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Miami Air asked how the extended overwater dispatch rule in 14 CFR 121.615(a) applies. The FAA said it covers flag and supplemental operations and certain domestic operations within Alaska, so it would not apply to a domestic Miami to New York flight, and that a high-minimums captain's flight may depart when the alternate is forecast at or above alternate minimums.

FlightPush Summary

A part 135 certificate holder cannot require a pilot to answer its phone calls during rest, because a crewmember on rest must be free from all restraint; under the one-phone-call policy, a single call the pilot chooses to answer does not break rest. The FAA also said Chief Counsel legal interpretations are official FAA positions that bind local Flight Standards District Offices.

FlightPush Summary

A requester asked whether a crew that reached its maximum flight time on part 121 supplemental passenger flights could ferry the aircraft home under 14 CFR part 91. The FAA said no: under 14 CFR part 117, the ferry counts toward flight limits unless preceded by a 10-hour rest under 14 CFR 117.25(e), though part 91 tail-end ferries would be permitted after part 135 on-demand flights.

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A planned 14 CFR part 135 scheduled carrier may advertise to investors before certification without violating 14 CFR 119.5(k), because advertising an investment is not advertising flight operations. The FAA noted the separate restriction in 14 CFR 201.5(a)(1) on advertising air transportation before DOT approval and recommended telling investors they are not pre-purchasing air transportation.

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A certificate holder may add segments after the last scheduled one if it has not affirmatively intended to end the flight duty period, as long as 14 CFR part 117 limits are not exceeded. Once it ends the FDP, it must provide the rest required by 14 CFR 117.25(e) before a new reserve or FDP.

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A Part 135 applicant asked whether FAA guidance on general manuals and compliance statements conflicts. The FAA said no: the manual and the compliance statement are separate parts of the application. Single-pilot applicants without manuals describe how they will comply in the compliance statement, while applicants with manuals may simply list applicable regulations and reference the manual.

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A requester asked when a second pilot may log SIC time in a Citation CE-525. The FAA said a company policy requiring two pilots does not make the second pilot a required crewmember, but SIC time may be logged when acting as safety pilot, when an inoperative autopilot requires a copilot, or when the PIC's type rating requires an SIC.

FlightPush Summary

For 14 CFR 121.601, a flight begins when the aircraft pushes back or taxis from the gate or ramp, not when the PIC signs the dispatch release. Dispatchers must keep passing safety-relevant airport, facility, and weather information to the PIC before departure, even if the release was signed an hour or more earlier, and throughout the flight; certificate holders are responsible for their dispatchers' compliance.

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FAA Flight Standards asked whether part 121 operators may qualify the assigned SIC on flights requiring three or more pilots using the en route relief rule. After public comment, the FAA said no: under 14 CFR 121.432(a) that SIC must meet all PIC qualifications except PIC operating experience, while a pilot who only relieves the SIC en route need not.

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Gulf & Caribbean Cargo asked what counts toward the 1,000 hours of air carrier experience a part 121 PIC needs. SIC time counts only if flown under part 121 operating rules, not part 91 repositioning or simulator time; pilots and operators share responsibility for compliance, and pilots relying on earlier part 121 PIC time may seek an exemption.

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An individual asked whether a Part 121 operator must keep airworthiness directive status information in one consolidated record. The FAA said no: 14 CFR 121.380(a)(2)(vi) allows multiple records, so long as they contain the required information, are retained for the required period, and are available for FAA or NTSB inspection, though a single record is preferred for inspection efficiency.

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A requester asked whether prior Part 121 PIC time, or Part 135 all-cargo PIC time, counts toward the 1,000-hour requirement of 14 CFR 121.436(a)(3). The FAA said no to both: only Part 121 SIC time and PIC time under 14 CFR 91.1053(a)(2)(i) or 14 CFR 135.243(a)(1) passenger operations count, though exemption petitions may be considered for former Part 121 PICs.

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Mayo Aviation asked whether its single-pilot, autopilot IFR operation still needs a cockpit voice recorder. The FAA said yes: 14 CFR 135.101 requires a second in command for passenger-carrying IFR flights, which triggers the CVR requirement in 14 CFR 135.151(a), and the autopilot exception does not remove it. An inoperative CVR is limited to the MMEL's three-day deferral.

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A requester asked whether a pilot's notice to the carrier that a sleep opportunity was disrupted interrupts the rest period required by 14 CFR 117.25. The FAA said no: the notice is required by the FAA under 14 CFR 117.25(f), so it is not duty, though the pilot must be given a new 8-hour sleep opportunity starting when the disruption was recognized.

FlightPush Summary

The FAA's Director of Airport Safety and Standards asked what "sufficient" personnel means under 14 CFR 139.303(a). The Office of the Chief Counsel concluded that at least one airport employee or designee must be onsite during the air carrier operations covered by 14 CFR part 139, though not during all hours, and that the right number depends on each airport's size, layout, and operations.

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A requester asked whether the small nontransport category operating limitations of 14 CFR 135.399 apply to a turboprop airplane with fewer than 10 passenger seats. The FAA agreed they do not, because 14 CFR 135.399 applies only to airplanes certificated under 14 CFR 135.169(b), which applies only to airplanes with 10 or more passenger seats.

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Eclipse Group asked whether it could hire a part 141 pilot school to fly aerial survey work for a Navy contract. The FAA said yes, as aerial work under 14 CFR 119.1(e)(4) flown under part 91, so long as the flights return to the departure point, carry no one else's property, and carry only essential passengers. The school may not advertise the work as FAA approved.

FlightPush Summary

An eligible on-demand pilot facing a destination AWOS with missing visibility cannot begin an approach under 14 CFR 135.225(a), but may treat the airport as having no weather reporting and use 14 CFR 135.225(b). That requires an alternate airport with an approved weather reporting facility and the altimeter setting the rule requires.

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Allegiant Travel Company asked whether TAFs and Area Forecasts satisfy the 14 CFR part 121 weather requirements. The FAA said a Terminal Aerodrome Forecast is acceptable because the rules call for reports or forecasts for specific airports, but an Area Forecast, which covers much larger areas, is not.

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Tropic Ocean Airways asked about 14 CFR part 135 carriers flying public charters under 14 CFR part 380. The FAA confirmed it imposes no limit on the number of such flights, though an air taxi without DOT commuter authority is limited to four round trips weekly per city pair, and said the charter operator and direct carrier may share an owner or be the same company.

FlightPush Summary

A requester asked whether a part 121 carrier may credit a new crewmember's training from a previous part 121 employer. The FAA said 14 CFR 121.402 does not provide for transferring training credit, and every crewmember must complete all required training. A carrier may, however, have the FAA approve a reduced-hour curriculum, containing all required subjects and tasks, for crewmembers with prior knowledge and skill.

FlightPush Summary

A requester asked about the regulatory basis and procedures behind FAA Notice 8900.197 and why it covers only part 135 crewmember training. The FAA referred the basis and procedure questions to a concurrent interpretation and said the Notice was limited to part 135 because it responded to numerous part 135 inquiries, as its purpose and background sections explain.

FlightPush Summary

The FAA was asked whether a check airman conducting the 14 CFR 135.340(a)(2) observation check of a Part 135 flight instructor candidate must be qualified on the aircraft type used. Yes: the observer must judge whether instruction is proper for that particular aircraft, and check airman qualifications under 14 CFR 135.337 are tied to aircraft type.

FlightPush Summary

A single-pilot Part 135 operator that also runs an FBO asked how non-flying work affects rest and duty. The FAA said work for the certificate holder or its related businesses cannot occur during required rest, and FBO time worked before a trip counts in that duty period. Work for an unrelated employer, such as a restaurant, does not compromise the assigned rest period.

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Charter Flight, Inc. asked what regulation requires a Part 135 on-demand operator to hold an OpSpec before using an iPad as an electronic flight bag. The FAA said its authority comes from 14 CFR part 119, which lets the Administrator include any necessary item in OpSpecs, and that EFB authority must appear in them; 14 CFR 135.144 does not address EFB authority.

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An engineer asked whether experimental or light-sport aircraft could fly aerial surveys with his own sensors if he later sold the data. An amateur-built aircraft would not violate 14 CFR 91.319(a), but a recreation-and-education limitation would bar the flights, while light-sport aircraft rules prohibit using them for data collection when compensation is received.

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ABX Air asked what counts as a substantial change to ETOPS maintenance or training procedures under 14 CFR 121.374(o) and whether the FAA's review is an approval or an acceptance. The FAA said a substantial change materially alters the procedures, a fact-specific question, and that the required CHDO review is in the nature of an approval.

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Reliant Air Charter asked about part 135 pilot testing and approach minimums. The FAA said general knowledge subjects under 14 CFR 135.293(a) need not be retested for each aircraft, and any authorized check pilot may give them, and that 14 CFR 135.225(c) and (d) apply to part 135 operations generally despite a drafting error suggesting they cover only eligible on-demand operations.

FlightPush Summary

Aviation First Consulting asked whether a part 135 air taxi operator adding an aircraft type must wait for an approved amended Form 4507. The FAA said 14 CFR 298.23 lets the amendment be filed within 30 days after the change, so no wait is needed for it, but the new type cannot be used until amended operations specifications are approved under 14 CFR 119.51.

FlightPush Summary

A requester asked nine questions about adequate airports used to decide whether a part 121 two-engine flight is ETOPS. The FAA said such an airport must meet 14 CFR 121.7 and be listed in the operations specifications. Alternate-airport weather rules do not apply to it in a non-ETOPS flight plan, but dispatchers must still pass on conditions that may affect the safety of the flight.

FlightPush Summary

An FAA regional Flight Standards Division asked whether two aircraft leasing programs were wet leases. The Office of the Chief Counsel said leases are judged case by case: the first appeared to be a wet lease requiring a 14 CFR part 119 certificate and 14 CFR part 135 operations, and the second warranted scrutiny, but more facts were needed to decide definitively.

FlightPush Summary

The FAA's Air Transportation Division asked whether a supplemental operator flying under domestic or flag rules may leave a regular, provisional, or refueling airport off its dispatch or release. Chief Counsel said 14 CFR 121.631(a) alone does not forbid it, but 14 CFR 119.49(a)(4)(ii) bars domestic and flag operations at airports not listed in the OpSpecs, so relief requires an exemption.

FlightPush Summary

A flight attendant scheduled for 13:35 of duty may finish a 16-hour day when a delay beyond the carrier's control on the first segment pushes back every later flight. The schedule met the 14-hour limit, so the carrier complied and did not have to reassign the flight attendant simply because the delay happened early.

FlightPush Summary

A United Air Lines certificate management inspector asked whether rest time during long flights counts toward part 121 operating experience. The FAA said no: a pilot must actually perform PIC or SIC duties while seated at the controls, so in the example only 18 hours 43 minutes of a 31-hour-10-minute trip counts.

FlightPush Summary

An FAA branch asked how to compute deadlines for aging airplane inspections under 14 CFR 121.1105. The FAA said the initial inspection and records review must be completed before the airplane enters its 20th year in service, counted from its first airworthiness certificate, and that the 90-day extension in 14 CFR 121.1105(c) cannot extend the initial inspection.

FlightPush Summary

A law firm asked whether a Part 135 operator still has an exclusive-use aircraft if the aircraft's owner occasionally flies it under Part 91 with the operator's authorization. The FAA said no: exclusive use under 14 CFR 135.25(c) means the certificate holder's sole possession, control, and use, and only the certificate holder may use the aircraft for non-Part 135 operations.

FlightPush Summary

Island Airways asked whether its pilots who also do maintenance at its part 145 repair station must count that time as part 135 duty. The FAA said yes: a pilot-mechanic expected to fly if needed is on duty, and even without that expectation, company-assigned maintenance is work, not rest, so it cannot count as a rest period.

FlightPush Summary

Southwest Airlines asked to name both Southwest and AirTran on one operating certificate during their merger. The FAA foresaw no legal or practical impediment, provided the carriers meet its conditions, including a committed merger with one entity controlling the other, compliance with 14 CFR part 119, and a single management team under 14 CFR 119.65, and wanted the certificate amended once one entity remains.

FlightPush Summary

The FAA was asked whether an aircraft used by two different Part 135 operators can meet the exclusive-use requirement of 14 CFR 135.25(b). It cannot: exclusive use means sole possession, control, and use of the aircraft, which neither operator has when the aircraft is shared.

FlightPush Summary

The FAA's Flight Inspection Operations Group asked whether part 135 pilots must demonstrate a circling approach on instrument proficiency checks under 14 CFR 135.297. The FAA said no when the operator is prohibited from circling below a 1,000-foot ceiling and 3-mile visibility, a policy in FAA Order 8900.1 that the August 2011 interpretation did not change.