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426 

14 CFR Ch. I (1–1–24 Edition) 

§ 135.25 

holder’s operations issued by the cer-
tificate holder. 

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as 
amended by Amdt. 135–20, 51 FR 40709, Nov. 7, 
1986; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995; 
Amdt. 135–91, 68 FR 54586, Sept. 17, 2003; 
Amdt. 135–101, 70 FR 58829, Oct. 7, 2005; Dock-
et No. FAA–2022–0912; Amdt. No. 135–144, 88 
FR 34443, May 30, 2023] 

§ 135.25 Aircraft requirements. 

(a) Except as provided in paragraph 

(d) of this section, no certificate holder 
may operate an aircraft under this part 
unless that aircraft— 

(1) Is registered as a civil aircraft of 

the United States and carries an appro-
priate and current airworthiness cer-
tificate issued under this chapter; and 

(2) Is in an airworthy condition and 

meets the applicable airworthiness re-
quirements of this chapter, including 
those relating to identification and 
equipment. 

(b) Each certificate holder must have 

the exclusive use of at least one air-
craft that meets the requirements for 
at least one kind of operation author-
ized in the certificate holder’s oper-
ations specifications. In addition, for 
each kind of operation for which the 
certificate holder does not have the ex-
clusive use of an aircraft, the certifi-
cate holder must have available for use 
under a written agreement (including 
arrangements for performing required 
maintenance) at least one aircraft that 
meets the requirements for that kind 
of operation. However, this paragraph 
does not prohibit the operator from 
using or authorizing the use of the air-
craft for other than operations under 
this part and does not require the cer-
tificate holder to have exclusive use of 
all aircraft that the certificate holder 
uses. 

(c) For the purposes of paragraph (b) 

of this section, a person has exclusive 
use of an aircraft if that person has the 
sole possession, control, and use of it 
for flight, as owner, or has a written 
agreement (including arrangements for 
performing required maintenance), in 
effect when the aircraft is operated, 
giving the person that possession, con-
trol, and use for at least 6 consecutive 
months. 

(d) A certificate holder may operate 

in common carriage, and for the car-

riage of mail, a civil aircraft which is 
leased or chartered to it without crew 
and is registered in a country which is 
a party to the Convention on Inter-
national Civil Aviation if— 

(1) The aircraft carries an appro-

priate airworthiness certificate issued 
by the country of registration and 
meets the registration and identifica-
tion requirements of that country; 

(2) The aircraft is of a type design 

which is approved under a U.S. type 
certificate and complies with all of the 
requirements of this chapter (14 CFR 
chapter I) that would be applicable to 
that aircraft were it registered in the 
United States, including the require-
ments which must be met for issuance 
of a U.S. standard airworthiness cer-
tificate (including type design con-
formity, condition for safe operation, 
and the noise, fuel venting, and engine 
emission requirements of this chapter), 
except that a U.S. registration certifi-
cate and a U.S. standard airworthiness 
certificate will not be issued for the 
aircraft; 

(3) The aircraft is operated by U.S.- 

certificated airmen employed by the 
certificate holder; and 

(4) The certificate holder files a copy 

of the aircraft lease or charter agree-
ment with the FAA Aircraft Registry, 
Department of Transportation, 6400 
South MacArthur Boulevard, Okla-
homa City, OK (Mailing address: P.O. 
Box 25504, Oklahoma City, OK 73125). 

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as 
amended by Amdt. 135–8, 45 FR 68649, Oct. 16, 
1980; Amdt. 135–66, 62 FR 13257, Mar. 19, 1997] 

§ 135.41 Carriage of narcotic drugs, 

marihuana, and depressant or stim-

ulant drugs or substances. 

If the holder of a certificate oper-

ating under this part allows any air-
craft owned or leased by that holder to 
be engaged in any operation that the 
certificate holder knows to be in viola-
tion of § 91.19(a) of this chapter, that 
operation is a basis for suspending or 
revoking the certificate. 

[Doc. No. 28154, 60 FR 65939, Dec. 20, 1995] 

§ 135.43 Crewmember certificates: 

International operations. 

(a) This section describes the certifi-

cates that were issued to United States