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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 

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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,