Regulatory Questions & Answers
Flight Data Recorder 135.152(a)
Flight Data Recorders (FDR) for 10 to 19 passenger seat aircraft are not required to have an FDR unless added to the FAA registry and added to a 135 certificate after October 11, 1991.
Exclusive Use Aircraft
Yes provided the employees of the certificate holder retain Operational Control. Reference FAA RCCB November 25, 2019. Operational Control must be retained at all times by the owner of the certificate and aircraft.
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SIC Training
The training curriculum is the same however a PIC will have one more check i.e. 135.299.
Manual Procedure Violation
Anyone who violates FAA regulations could be subject to enforcement action, however, manuals provide guidance for company policies and procedures a determination will need to be made on the regulatory violation.
Aircraft Deicing
“Yes however the certificate holder will need OpSpecs A041 to ensure a clean wing per 135.227(b) within 5 minutes of departure and that the crew is trained under the certificate holders approved training program.
Note: OpSpecs A023 is difficult for most 135 operators to comply with all the requirements.”
International Travel
14 212.1 All charter flights, and all other flights carrying charter passengers or cargo, in interstate and/or foreign air transportation by U.S. certificated air carriers or in foreign air transportation by foreign air carriers. It does not apply to any flights performed by a commuter air carrier, air taxi operator, or certificated air carrier operating “small aircraft” under part 298 of this chapter. Nothing in this part gives authority to operate a type or level of service not authorized by certificate, foreign air carrier permit, or exemption, except that a certificated air carrier authorized to conduct scheduled operations may conduct charter flights, in interstate and/or foreign air transportation, without limitation as to the points served.
14 CFR 212.2 Definition
Fourth freedom charter means a charter flight carrying traffic that terminates in the carrier’s home country having originated in another country.
Fifth freedom charter means a charter flight carrying traffic that originates and terminates in countries other than the carrier’s home country, regardless of whether the flight operates via the home country.
Seventh-freedom charter means a charter flight carrying traffic that originates and terminates in a country other than the foreign air carrier’s home country, where the flight does not have a prior, intermediate, or subsequent stop in the foreign air carrier’s home country.
19 CFR 122.165
Operating with the US between two points with a foreign registered aircraft is prohibited unless reciprocity is received. Note exemptions of the rule.
14 CFR 61.3(a)(vii)
Foreign Pilot may operate a “N” aircraft if when operating an aircraft within a foreign country, a pilot license issued by that country may be used.
Aircraft with a Temporary Certificate of Registration addressed to the new owner are allowed to travel internationally. It should be noted some countries such as Mexico may not recognize the Temporary Registration Card
Training & Simulation
Pilots logging Instrument Approaches per 14 CFR 61.57 are allowed per the following:
- Actual instrument flight conditions flown in an aircraft;
- Simulated instrument flight conditions, using a view-limiting device, flown in an aircraft with a safety pilot;
- Simulated instrument flight conditions conducted in any FAA approved:
- Flight Simulator/Full Flight Simulator (FFS),
- Flight Training Device (FTD),
- Aviation Training Device (ATD), or
- A combination of methods 1 through 3 as prescribed by 61.57(c)(4), or (5).
Medical Not Required
14 CFR 61.23(b)(8): When taking a practical test or a proficiency check for a certificate, rating, authorization or operating privilege conducted in a glider, balloon, flight simulator, or flight training device.
14 CFR 43.13(a)
The how-to instructions do not need to have any specific FAA acceptance or approval as long as the person using them has a reasonable expectation that the FAA will find it acceptable for the purpose for which it was created, when and if the FAA reviews it. In other words, all maintenance, preventive maintenance, rebuilding, and alterations must return an article to at least its original or properly altered condition with respect to the work performed. Therefore, the work must be done in an acceptable manner using methods, techniques, and practices acceptable to the FAA.
Reference 8900.1 Paragraph 6-2958(C)(3).
10 or More Seats 135.411(a)(2)
Passenger seats are based on the number of installed seats.
FAA Legal Interpretation April 16, 2008 George Dukats.
Annex 6 Part II
Yes, under General Aviation Annex 6 Part II rules, a U.S. pilot having a check per 14 CFR 61.58 within the requirements of 24 months would meet the standard concerning proficiency checks.
Reference Annex 6 Part II Paragraph 3.9.4.4
14 CFR 135.263
Yes if the flights to which he is assigned normally terminate within the limitations, but due to circumstances beyond the control of the certificate holder or flight crewmember (such as adverse weather conditions), are not at the time of departure expected to reach their destination within the planned flight time.
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14 CFR 135.269
No, the FAA is clear for an augmented crew 135.269 rest requirements are controlling.
14 CFR 205(d)(6)
No per 91.205(d)(6) and NTSB has ruled installed clock is required to be considered an airworthy aircraft under IFR.
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Unmonitored ILS or Localizer
When a navigational aid’s operational status cannot be monitored at the controlling or monitoring facility, but all indications or reports are the facility is operating normally, issue a NOTAM placing the NAVAID in an unmonitored status. The NAVAID may be used for operations.
Reference: Order JO 7930.2M
Check Ride Discontinuance
No, there are three reasons to stop a checkride, weather, mechanical and illness. Checkrides need to be a continuance event. If stopped there
should be documentation of the reasons and continuances within 60 days.
14 CFR 135.267(c)
No, however, the test in this scenario is the crewmember eligible under 135.267(c) to be considered scheduled. The requirement is the prospective cadence of an assigned period i.e. a schedule with regularly assigned duty periods. If not then 135.267(b) would be applicable and the need to demonstrate 10 hours of rest prior to the assigned flight is required per 135.267(d). In this case, rest requirements are controlling and flight time limits may be exceeded given extenuating circumstances beyond the operator’s control.
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14 CFR 120.105
From the FAA legal interpretation of defining a person’s required to be drug tested: It is the exercise of operational control and the determination that a flight can be conducted safely that the FAA considers the true safety-sensitive function.
Yes. During this rulemaking, a CAMP also became an option (i.e., not required) for a part 135 CH utilizing aircraft type certificated with nine or less passenger seats.
