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436 

14 CFR Ch. I (1–1–24 Edition) 

§ 135.100 

the FAA to determine whether the sec-
ond-in-command professional develop-
ment program is accomplishing its ob-
jectives. 

(2) The aircraft is a multiengine air-

plane or a single-engine turbine-pow-
ered airplane. The aircraft must have 
an independent set of controls for a 
second pilot flightcrew member, which 
may not include a throwover control 
wheel. The aircraft must also have the 
following equipment and independent 
instrumentation for a second pilot: 

(i) An airspeed indicator; 
(ii) Sensitive altimeter adjustable for 

barometric pressure; 

(iii) Gyroscopic bank and pitch indi-

cator; 

(iv) Gyroscopic rate-of-turn indicator 

combined with an integral slip-skid in-
dicator; 

(v) Gyroscopic direction indicator; 
(vi) For IFR operations, a vertical 

speed indicator; 

(vii) For IFR operations, course guid-

ance for en route navigation and in-
strument approaches; and 

(viii) A microphone, transmit switch, 

and headphone or speaker. 

(3) The pilot assigned to serve as sec-

ond in command satisfies the following 
requirements: 

(i) The second in command qualifica-

tions in § 135.245; 

(ii) The flight time and duty period 

limitations and rest requirements in 
subpart F of this part; 

(iii) The crewmember testing require-

ments for second in command in sub-
part G of this part; and 

(iv) The crewmember training re-

quirements for second in command in 
subpart H of this part. 

(4) The pilot assigned to serve as 

pilot in command satisfies the fol-
lowing requirements: 

(i) Has been fully qualified to serve as 

a pilot in command for the certificate 
holder for at least the previous 6 cal-
endar months; and 

(ii) Has completed mentoring train-

ing, including techniques for rein-
forcing the highest standards of tech-
nical performance, airmanship and pro-
fessionalism within the preceding 36 
calendar months. 

(d) The following certificate holders 

are not eligible to receive authoriza-
tion for a second-in-command profes-

sional development program under 
paragraph (c) of this section: 

(1) A certificate holder that uses only 

one pilot in its operations; and 

(2) A certificate holder that has been 

approved to deviate from the require-
ments in § 135.21(a), § 135.341(a), or 
§ 119.69(a) of this chapter. 

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as 
amended at 83 FR 30282, June 27, 2018] 

§ 135.100 Flight crewmember duties. 

(a) No certificate holder shall re-

quire, nor may any flight crewmember 
perform, any duties during a critical 
phase of flight except those duties re-
quired for the safe operation of the air-
craft. Duties such as company required 
calls made for such nonsafety related 
purposes as ordering galley supplies 
and confirming passenger connections, 
announcements made to passengers 
promoting the air carrier or pointing 
out sights of interest, and filling out 
company payroll and related records 
are not required for the safe operation 
of the aircraft. 

(b) No flight crewmember may en-

gage in, nor may any pilot in command 
permit, any activity during a critical 
phase of flight which could distract 
any flight crewmember from the per-
formance of his or her duties or which 
could interfere in any way with the 
proper conduct of those duties. Activi-
ties such as eating meals, engaging in 
nonessential conversations within the 
cockpit and nonessential communica-
tions between the cabin and cockpit 
crews, and reading publications not re-
lated to the proper conduct of the 
flight are not required for the safe op-
eration of the aircraft. 

(c) For the purposes of this section, 

critical phases of flight includes all 
ground operations involving taxi, take-
off and landing, and all other flight op-
erations conducted below 10,000 feet, 
except cruise flight. 

N

OTE

: Taxi is defined as ‘‘movement of an 

airplane under its own power on the surface 
of an airport.’’ 

[Doc. No. 20661, 46 FR 5502, Jan. 19, 1981] 

§ 135.101 Second in command required 

under IFR. 

Except as provided in § 135.105, no per-

son may operate an aircraft carrying 

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437 

Federal Aviation Administration, DOT 

§ 135.115 

passengers under IFR unless there is a 
second in command in the aircraft. 

[Doc. No. 28743, 62 FR 42374, Aug. 6, 1997] 

§ 135.103 [Reserved] 

§ 135.105 Exception to second in com-

mand requirement: Approval for 
use of autopilot system. 

(a) Except as provided in §§ 135.99 and 

135.111, unless two pilots are required 
by this chapter for operations under 
VFR, a person may operate an aircraft 
without a second in command, if it is 
equipped with an operative approved 
autopilot system and the use of that 
system is authorized by appropriate op-
erations specifications. No certificate 
holder may use any person, nor may 
any person serve, as a pilot in com-
mand under this section of an aircraft 
operated in a commuter operation, as 
defined in part 119 of this chapter un-
less that person has at least 100 hours 
pilot in command flight time in the 
make and model of aircraft to be flown 
and has met all other applicable re-
quirements of this part. 

(b) The certificate holder may apply 

for an amendment of its operations 
specifications to authorize the use of 
an autopilot system in place of a sec-
ond in command. 

(c) The Administrator issues an 

amendment to the operations specifica-
tions authorizing the use of an auto-
pilot system, in place of a second in 
command, if— 

(1) The autopilot is capable of oper-

ating the aircraft controls to maintain 
flight and maneuver it about the three 
axes; and 

(2) The certificate holder shows, to 

the satisfaction of the Administrator, 
that operations using the autopilot 
system can be conducted safely and in 
compliance with this part. 

The amendment contains any condi-

tions or limitations on the use of the 
autopilot system that the Adminis-
trator determines are needed in the in-
terest of safety. 

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as 
amended by Amdt. 135–3, 45 FR 7542, Feb. 4, 
1980; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995] 

§ 135.107 Flight attendant crew-

member requirement. 

No certificate holder may operate an 

aircraft that has a passenger seating 
configuration, excluding any pilot seat, 
of more than 19 unless there is a flight 
attendant crewmember on board the 
aircraft. 

§ 135.109 Pilot in command or second 

in command: Designation required. 

(a) Each certificate holder shall des-

ignate a— 

(1) Pilot in command for each flight; 

and 

(2) Second in command for each 

flight requiring two pilots. 

(b) The pilot in command, as des-

ignated by the certificate holder, shall 
remain the pilot in command at all 
times during that flight. 

§ 135.111 Second in command required 

in Category II operations. 

No person may operate an aircraft in 

a Category II operation unless there is 
a second in command of the aircraft. 

§ 135.113 Passenger occupancy of pilot 

seat. 

No certificate holder may operate an 

aircraft type certificated after October 
15, 1971, that has a passenger seating 
configuration, excluding any pilot seat, 
of more than eight seats if any person 
other than the pilot in command, a sec-
ond in command, a company check air-
man, or an authorized representative of 
the Administrator, the National Trans-
portation Safety Board, or the United 
States Postal Service occupies a pilot 
seat. 

§ 135.115 Manipulation of controls. 

No pilot in command may allow any 

person to manipulate the flight con-
trols of an aircraft during flight con-
ducted under this part, nor may any 
person manipulate the controls during 
such flight unless that person is— 

(a) A pilot employed by the certifi-

cate holder and qualified in the air-
craft; or 

(b) An authorized safety representa-

tive of the Administrator who has the 
permission of the pilot in command, is 
qualified in the aircraft, and is check-
ing flight operations.