422
14 CFR Ch. I (1–1–24 Edition)
§ 135.4
(1)
Upgrade training.
(i) Each certifi-
cate holder must include in upgrade
ground training for pilots, instruction
in at least the subjects identified in
§ 121.419(a) of this chapter, as applicable
to their assigned duties; and, for pilots
serving in crews of two or more pilots,
beginning on April 27, 2022, instruction
and facilitated discussion in the sub-
jects identified in § 121.419(c) of this
chapter.
(ii) Each certificate holder must in-
clude in upgrade flight training for pi-
lots, flight training for the maneuvers
and procedures required in § 121.424(a),
(c), (e), and (f) of this chapter; and, for
pilots serving in crews of two or more
pilots, beginning on April 27, 2022, the
flight training required in § 121.424(b) of
this chapter.
(2)
Initial and recurrent leadership and
command and mentoring training.
Cer-
tificate holders are not required to in-
clude leadership and command training
in §§ 121.409(b)(2)(ii)(B)(
6
), 121.419(c)(1),
121.424(b) and 121.427(d)(1) of this chap-
ter and mentoring training in
§§ 121.419(c)(2) and 121.427(d)(1) of this
chapter in initial and recurrent train-
ing for pilots in command who serve in
operations that use only one pilot.
(3)
One-time leadership and command
and mentoring training.
Section 121.429
of this chapter does not apply to cer-
tificate holders conducting operations
under this part when those operations
use only one pilot.
[Doc. No. 27993, 60 FR 65949, Dec. 20, 1995, as
amended by Amdt. 135–65, 61 FR 30435, June
14, 1996; Amdt. 135–127A, 78 FR 77574, Dec. 24,
2013; Docket FAA–2010–0100, Amdt. 135–127B,
81 FR 2, Jan. 4, 2016; Amdt. 135–142, 85 FR
10935, Feb. 25, 2020]
§ 135.4 Applicability of rules for eligi-
ble on-demand operations.
(a) An ‘‘eligible on-demand oper-
ation’’ is an on-demand operation con-
ducted under this part that meets the
following requirements:
(1)
Two-pilot crew.
The flightcrew
must consist of at least two qualified
pilots employed or contracted by the
certificate holder.
(2)
Flight crew experience.
The crew-
members must have met the applicable
requirements of part 61 of this chapter
and have the following experience and
ratings:
(i) Total flight time for all pilots:
(A) Pilot in command—A minimum
of 1,500 hours.
(B) Second in command—A minimum
of 500 hours.
(ii) For multi-engine turbine-powered
fixed-wing and powered-lift aircraft,
the following FAA certification and
ratings requirements:
(A) Pilot in command—Airline trans-
port pilot and applicable type ratings.
(B) Second in command—Commercial
pilot and instrument ratings.
(iii) For all other aircraft, the fol-
lowing FAA certification and rating re-
quirements:
(A) Pilot in command—Commercial
pilot and instrument ratings.
(B) Second in command—Commercial
pilot and instrument ratings.
(3)
Pilot operating limitations.
If the
second in command of a fixed-wing air-
craft has fewer than 100 hours of flight
time as second in command flying in
the aircraft make and model and, if a
type rating is required, in the type air-
craft being flown, and the pilot in com-
mand is not an appropriately qualified
check pilot, the pilot in command shall
make all takeoffs and landings in any
of the following situations:
(i) Landings at the destination air-
port when a Destination Airport Anal-
ysis is required by § 135.385(f); and
(ii) In any of the following condi-
tions:
(A) The prevailing visibility for the
airport is at or below
3
⁄
4
mile.
(B) The runway visual range for the
runway to be used is at or below 4,000
feet.
(C) The runway to be used has water,
snow, slush, ice, or similar contamina-
tion that may adversely affect aircraft
performance.
(D) The braking action on the run-
way to be used is reported to be less
than ‘‘good.’’
(E) The crosswind component for the
runway to be used is in excess of 15
knots.
(F) Windshear is reported in the vi-
cinity of the airport.
(G) Any other condition in which the
pilot in command determines it to be
prudent to exercise the pilot in com-
mand’s authority.
(4)
Crew pairing.
Either the pilot in
command or the second in command
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,