title-14-part-135-sec135-43

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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.

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

427

Federal Aviation Administration, DOT

§ 135.63

citizens who were employed by air car-
riers at the time of issuance as flight
crewmembers on United States reg-
istered aircraft engaged in inter-
national air commerce. The purpose of
the certificate is to facilitate the entry
and clearance of those crewmembers
into ICAO contracting states. They
were issued under Annex 9, as amended,
to the Convention on International
Civil Aviation.

(b) The holder of a certificate issued

under this section, or the air carrier by
whom the holder is employed, shall
surrender the certificate for cancella-
tion at the responsible Flight Stand-
ards office at the termination of the
holder’s employment with that air car-
rier.

[Doc. No. 28154, 61 FR 30435, June 14, 1996, as
amended by Docket FAA–2018–0119, Amdt.
135–139, 83 FR 9175, Mar. 5, 2018]

Subpart B—Flight Operations

§ 135.61 General.

This subpart prescribes rules, in addi-

tion to those in part 91 of this chapter,
that apply to operations under this
part.

§ 135.63 Recordkeeping requirements.

(a) Each certificate holder shall keep

at its principal business office or at
other places approved by the Adminis-
trator, and shall make available for in-
spection by the Administrator the fol-
lowing—

(1) The certificate holder’s operating

certificate;

(2) The certificate holder’s operations

specifications;

(3) A current list of the aircraft used

or available for use in operations under
this part and the operations for which
each is equipped;

(4) An individual record of each pilot

used in operations under this part, in-
cluding the following information:

(i) The full name of the pilot.
(ii) The pilot certificate (by type and

number) and ratings that the pilot
holds.

(iii) The pilot’s aeronautical experi-

ence in sufficient detail to determine
the pilot’s qualifications to pilot air-
craft in operations under this part.

(iv) The pilot’s current duties and the

date of the pilot’s assignment to those
duties.

(v) The effective date and class of the

medical certificate that the pilot
holds.

(vi) The date and result of each of the

initial and recurrent competency tests
and proficiency and route checks re-
quired by this part and the type of air-
craft flown during that test or check.

(vii) The pilot’s flight time in suffi-

cient detail to determine compliance
with the flight time limitations of this
part.

(viii) The pilot’s check pilot author-

ization, if any.

(ix) Any action taken concerning the

pilot’s release from employment for
physical or professional disqualifica-
tion.

(x) The date of the completion of the

initial phase and each recurrent phase
of the training required by this part;
and

(5) An individual record for each

flight attendant who is required under
this part, maintained in sufficient de-
tail to determine compliance with the
applicable portions of § 135.273 of this
part.

(b) Each certificate holder must keep

each record required by paragraph
(a)(3) of this section for at least 6
months, and must keep each record re-
quired by paragraphs (a)(4) and (a)(5) of
this section for at least 12 months.

certificate holder is responsible for the
preparation and accuracy of a load
manifest in duplicate containing infor-
mation concerning the loading of the
aircraft. The manifest must be pre-
pared before each takeoff and must in-
clude:

(1) The number of passengers;
(2) The total weight of the loaded air-

craft;

(3) The maximum allowable takeoff

weight for that flight;

(4) The center of gravity limits;
(5) The center of gravity of the load-

ed aircraft, except that the actual cen-
ter of gravity need not be computed if
the aircraft is loaded according to a
loading schedule or other approved
method that ensures that the center of
gravity of the loaded aircraft is within
approved limits. In those cases, an