195 

Federal Aviation Administration, DOT 

§ 121.439 

(i) Second in command in operations 

under this part; 

(ii) Pilot in command in operations 

under § 91.1053(a)(2)(i) of this chapter; 

(iii) Pilot in command in operations 

under § 135.243(a)(1) of this chapter; 

(iv) Pilot in command in eligible on- 

demand operations that require the 
pilot to satisfy § 135.4(a)(2)(ii)(A) of this 
chapter; or 

(v) Any combination thereof. 
(b) No certificate holder may use nor 

may any pilot act as second in com-
mand unless the pilot holds an airline 
transport pilot certificate and an ap-
propriate aircraft type rating for the 
aircraft being flown. A second-in-com-
mand type rating obtained under § 61.55 
does not satisfy the requirements of 
this section. 

(c) For the purpose of satisfying the 

flight hour requirement in paragraph 
(a)(3) of this section, a pilot may credit 
500 hours of military flight time pro-
vided the flight time was obtained— 

(1) As pilot in command in a multien-

gine, turbine-powered, fixed-wing air-
plane or powered-lift aircraft, or any 
combination thereof; and 

(2) In an operation requiring more 

than one pilot. 

(d) For the purpose of satisfying the 

flight hour requirement in paragraph 
(a)(3) of this section, a pilot may credit 
flight time obtained as pilot in com-
mand in operations under this part 
prior to July 31, 2013. 

(e) For those pilots who were em-

ployed as pilot in command in part 121 
operations on July 31, 2013, compliance 
with the requirements of paragraph 
(a)(3) of this section is not required. 

[Doc. No. FAA–2010–0100, 78 FR 42378, July 15, 
2013, as amended by Amdt. 121–365A, 78 FR 
77574, Dec. 24, 2013; Amdt. 121–385, 87 FR 57590, 
Sept. 21, 2022] 

§ 121.438 Pilot operating limitations 

and pairing requirements. 

(a) If the second in command has 

fewer than 100 hours of flight time as 
second in command in operations under 
this part in the type airplane being 
flown, and the pilot in command is not 
an appropriately qualified check pilot, 
the pilot in command must make all 
takeoffs and landings in the following 
situations: 

(1) At special airports designated by 

the Administrator or at special air-
ports designated by the certificate 
holder; and 

(2) In any of the following conditions: 
(i) The prevailing visibility value in 

the latest weather report for the air-
port is at or below 

3

⁄

4

mile. 

(ii) The runway visual range for the 

runway to be used is at or below 4,000 
feet. 

(iii) The runway to be used has 

water, snow, slush or similar condi-
tions that may adversely affect air-
plane performance. 

(iv) The braking action on the run-

way to be used is reported to be less 
than ‘‘good’’. 

(v) The crosswind component for the 

runway to be used is in excess of 15 
knots. 

(vi) Windshear is reported in the vi-

cinity of the airport. 

(vii) Any other condition in which 

the PIC determines it to be prudent to 
exercise the PIC’s prerogative. 

(b) No person may conduct oper-

ations under this part unless, for that 
type airplane, either the pilot in com-
mand or the second in command has at 
least 75 hours of line operating flight 
time, either as pilot in command or 
second in command. The Administrator 
may, upon application by the certifi-
cate holder, authorize deviations from 
the requirements of this paragraph (b) 
by an appropriate amendment to the 
operations specifications in any of the 
following circumstances: 

(1) A newly certificated certificate 

holder does not employ any pilots who 
meet the minimum requirements of 
this paragraph. 

(2) An existing certificate holder adds 

to its fleet a type airplane not before 
proven for use in its operations. 

(3) An existing certificate holder es-

tablishes a new domicile to which it as-
signs pilots who will be required to be-
come qualified on the airplanes oper-
ated from that domicile. 

[Doc. No. 27210, 60 FR 20870, Apr. 27, 1995] 

§ 121.439 Pilot qualification: Recent 

experience. 

(a) No certificate holder may use any 

person nor may any person serve as a 
required pilot flightcrew member, un-
less within the preceding 90 days, that