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Federal Aviation Administration, DOT
§ 125.5
passengers or cargo under part 91 for
training, ferrying, positioning, or
maintenance purposes;
(4) They are being operated under
part 91 of this chapter by an operator
certificated to operate those aircraft
under the rules of part 121, 135, or 137 of
this chapter, they are being operated
under the applicable rules of part 121 or
135 of this chapter by an applicant for
a certificate under part 119 of this
chapter or they are being operated by a
foreign air carrier or a foreign person
engaged in common carriage solely
outside the United States under part 91
of this chapter;
(5) They are being operated under a
deviation authority issued under § 125.3;
(6) They are being operated under
part 91, subpart K by a fractional
owner as defined in § 91.1001 of this
chapter; or
(7) They are being operated by a frac-
tional ownership program manager as
defined in § 91.1001 of this chapter, for
training, ferrying, positioning, mainte-
nance, or demonstration purposes
under part 91 of this chapter and with-
out carrying passengers or cargo for
compensation or hire except as per-
mitted for demonstration flights under
§ 91.501(b)(3) of this chapter.
(c) This part, except § 125.247, does
not apply to the operation of aircraft
specified in paragraph (a) of this sec-
tion when they are operated outside
the United States by a person who is
not a citizen of the United States.
(d) The provisions of this part apply
to each person on board an aircraft
being operated under this part, unless
otherwise specified.
(e) This part also establishes require-
ments for operators to take actions to
support the continued airworthiness of
each aircraft.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–4, 47 FR 44719, Oct. 12,
1982; Amdt. 125–5, 49 FR 34816, Sept. 4, 1984;
Amdt. 125–6, 51 FR 873, Jan. 8, 1986; Amdt.
125–9, 52 FR 20028, May 28, 1987; Amdt. 121–251,
60 FR 65937, Dec. 20, 1995; Amdt. 125–31, 64 FR
1080, Jan. 7, 1999; Amdt. 125–44, 68 FR 54585,
Sept. 17, 2003; Amdt. 125–53, 72 FR 63412, Nov.
8, 2007; Docket No. FAA–2022–1563; Amdt. No.
125–74, 88 FR 48090, July 26, 2023]
§ 125.3 Deviation authority.
(a) The Administrator may, upon
consideration of the circumstances of a
particular operation, issue deviation
authority providing relief from speci-
fied sections of part 125. This deviation
authority will be issued as a Letter of
Deviation Authority.
(b) A Letter of Deviation Authority
may be terminated or amended at any
time by the Administrator.
(c) A request for deviation authority
must be submitted to the responsible
Flight Standards office, not less than
60 days prior to the date of intended
operations. A request for deviation au-
thority must contain a complete state-
ment of the circumstances and jus-
tification for the deviation requested.
(d) After February 2, 2012, no devi-
ation authority from the flight data re-
corder requirements of this part will be
granted. Any previously issued devi-
ation from the flight data recorder re-
quirements of this part is no longer
valid.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–13, 54 FR 39294, Sept.
25, 1989; Amdt. 125–56, 73 FR 73179, Dec. 2,
2008; Docket FAA–2018–0119, Amdt. 125–68, 83
FR 9173, Mar. 5, 2018]
§ 125.5 Operating certificate and oper-
ations specifications required.
(a) After February 3, 1981, no person
may engage in operations governed by
this part unless that person holds a
certificate and operations specification
or appropriate deviation authority.
(b) Applicants who file an application
before June 1, 1981 shall continue to op-
erate under the rules applicable to
their operations on February 2, 1981
until the application for an operating
certificate required by this part has
been denied or the operating certificate
and operations specifications required
by this part have been issued.
(c) The rules of this part which apply
to a certificate holder also apply to
any person who engages in any oper-
ation governed by this part without an
appropriate certificate and operations
specifications required by this part or a
Letter of Deviation Authority issued
under § 125.3.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–1A, 46 FR 10903, Feb.
5, 1981]