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,