423
Federal Aviation Administration, DOT
§ 135.21
must have at least 75 hours of flight
time in that aircraft make or model
and, if a type rating is required, for
that type aircraft, either as pilot in
command or second in command.
(b) The Administrator may authorize
deviations from paragraphs (a)(2)(i) or
(a)(4) of this section if the responsible
Flight Standards office that issued the
certificate holder’s operations speci-
fications finds that the crewmember
has comparable experience, and can ef-
fectively perform the functions associ-
ated with the position in accordance
with the requirements of this chapter.
The Administrator may, at any time,
terminate any grant of deviation au-
thority issued under this paragraph.
Grants of deviation under this para-
graph may be granted after consider-
ation of the size and scope of the oper-
ation, the qualifications of the in-
tended personnel and the following cir-
cumstances:
(1) A newly authorized certificate
holder does not employ any pilots who
meet the minimum requirements of
paragraphs (a)(2)(i) or (a)(4) of this sec-
tion.
(2) An existing certificate holder adds
to its fleet a new category and class
aircraft not used before in its oper-
ation.
(3) An existing certificate holder es-
tablishes a new base to which it assigns
pilots who will be required to become
qualified on the aircraft operated from
that base.
(c) An eligible on-demand operation
may comply with alternative require-
ments specified in §§ 135.225(b),
135.385(f), and 135.387(b) instead of the
requirements that apply to other on-
demand operations.
[Doc. No. FAA–2001–10047, 68 FR 54585, Sept.
17, 2003, as amended by Docket FAA–2018–
0119, Amdt. 135–139, 83 FR 9175, Mar. 5, 2018]
§ 135.7 Applicability of rules to unau-
thorized operators.
The rules in this part which apply to
a person certificated under part 119 of
this chapter also apply to a person who
engages in any operation governed by
this part without an appropriate cer-
tificate and operations specifications
required by part 119 of this chapter.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–58, 60 FR 65939, Dec.
20, 1995]
§ 135.12 Previously trained crew-
members.
A certificate holder may use a crew-
member who received the certificate
holder’s training in accordance with
subparts E, G, and H of this part before
March 19, 1997 without complying with
initial training and qualification re-
quirements of subparts N and O of part
121 of this chapter. The crewmember
must comply with the applicable recur-
rent training requirements of part 121
of this chapter.
[Doc. No. 27993, 60 FR 65950, Dec. 20, 1995]
§ 135.19 Emergency operations.
(a) In an emergency involving the
safety of persons or property, the cer-
tificate holder may deviate from the
rules of this part relating to aircraft
and equipment and weather minimums
to the extent required to meet that
emergency.
(b) In an emergency involving the
safety of persons or property, the pilot
in command may deviate from the
rules of this part to the extent required
to meet that emergency.
(c) Each person who, under the au-
thority of this section, deviates from a
rule of this part shall, within 10 days,
excluding Saturdays, Sundays, and
Federal holidays, after the deviation,
send to the responsible Flight Stand-
ards office charged with the overall in-
spection of the certificate holder a
complete report of the aircraft oper-
ation involved, including a description
of the deviation and reasons for it.
[Docket No. 16097, 43 FR 46783, Oct. 10, 1978,
as amended by Docket FAA–2018–0119, Amdt.
135–139, 83 FR 9175, Mar. 5, 2018]
§ 135.21 Manual requirements.
(a) Each certificate holder, other
than one who uses only one pilot in the
certificate holder’s operations, shall
prepare and keep current a manual set-
ting forth the certificate holder’s pro-
cedures and policies acceptable to the
Administrator. This manual must be
used by the certificate holder’s flight,
424
14 CFR Ch. I (1–1–24 Edition)
§ 135.23
ground, and maintenance personnel in
conducting its operations. However,
the Administrator may authorize a de-
viation from this paragraph if the Ad-
ministrator finds that, because of the
limited size of the operation, all or
part of the manual is not necessary for
guidance of flight, ground, or mainte-
nance personnel.
(b) Each certificate holder shall
maintain at least one copy of the man-
ual at its principal base of operations.
(c) The manual must not be contrary
to any applicable Federal regulations,
foreign regulation applicable to the
certificate holder’s operations in for-
eign countries, or the certificate hold-
er’s operating certificate or operations
specifications.
(d) A copy of the manual, or appro-
priate portions of the manual (and
changes and additions) shall be made
available to maintenance and ground
operations personnel by the certificate
holder and furnished to—
(1) Its flight crewmembers; and
(2) Representatives of the Adminis-
trator assigned to the certificate hold-
er.
(e) Each employee of the certificate
holder to whom a manual or appro-
priate portions of it are furnished
under paragraph (d)(1) of this section
shall keep it up to date with the
changes and additions furnished to
them.
(f) The certificate holder must ensure
the appropriate parts of the manual are
accessible to flight, ground, and main-
tenance personnel at all times when
such personnel are performing their as-
signed duties.
(g) The information and instructions
contained in the manual must be dis-
played clearly and be retrievable in the
English language.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–18, 47 FR 33396, Aug. 2,
1982; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995;
Amdt. 135–66, 62 FR 13257, Mar. 19, 1997;
Amdt. 135–91, 68 FR 54585, Sept. 17, 2003;
Docket No. FAA–2022–0912; Amdt. No. 135–144,
88 FR 34443, May 30, 2023]
§ 135.23 Manual contents.
Each manual accessed in paper for-
mat must display the date of last revi-
sion on each page. Each manual
accessed in electronic format must dis-
play the date of last revision in a man-
ner in which a person can immediately
ascertain it. The manual must include:
(a) The name of each management
person required under § 119.69(a) of this
chapter who is authorized to act for
the certificate holder, the person’s as-
signed area of responsibility, the per-
son’s duties, responsibilities, and au-
thority, and the name and title of each
person authorized to exercise oper-
ational control under § 135.77;
(b) Procedures for ensuring compli-
ance with aircraft weight and balance
limitations and, for multiengine air-
craft, for determining compliance with
§ 135.185;
(c) Copies of the certificate holder’s
operations specifications or appro-
priate extracted information, including
area of operations authorized, category
and class of aircraft authorized, crew
complements, and types of operations
authorized;
(d) Procedures for complying with ac-
cident notification requirements;
(e) Procedures for ensuring that the
pilot in command knows that required
airworthiness inspections have been
made and that the aircraft has been ap-
proved for return to service in compli-
ance with applicable maintenance re-
quirements;
(f) Procedures for reporting and re-
cording mechanical irregularities that
come to the attention of the pilot in
command before, during, and after
completion of a flight;
(g) Procedures to be followed by the
pilot in command for determining that
mechanical irregularities or defects re-
ported for previous flights have been
corrected or that correction has been
deferred;
(h) Procedures to be followed by the
pilot in command to obtain mainte-
nance, preventive maintenance, and
servicing of the aircraft at a place
where previous arrangements have not
been made by the operator, when the
pilot is authorized to so act for the op-
erator;
(i) Procedures under § 135.179 for the
release for, or continuation of, flight if
any item of equipment required for the
particular type of operation becomes
inoperative or unserviceable en route;