435 

Federal Aviation Administration, DOT 

§ 135.99 

(1) Holds an appropriate and current 

airman certificate; and 

(2) Is qualified, under this chapter, 

for the operation for which the person 
is to be used. 

(b) A certificate holder may obtain 

approval to provide a temporary docu-
ment verifying a flightcrew member’s 
airman certificate and medical certifi-
cate privileges under an approved cer-
tificate verification plan set forth in 
the certificate holder’s operations 
specifications. A document provided by 
the certificate holder may be carried as 
an airman certificate or medical cer-
tificate on flights within the United 
States for up to 72 hours. 

[Amdt. No. 135–140, 83 FR 30282, June 27, 2018] 

§ 135.97 Aircraft and facilities for re-

cent flight experience. 

Each certificate holder shall provide 

aircraft and facilities to enable each of 
its pilots to maintain and demonstrate 
the pilot’s ability to conduct all oper-
ations for which the pilot is author-
ized. 

§ 135.98 Operations in the North Polar 

Area. 

After August 13, 2008, no certificate 

holder may operate an aircraft in the 
region north of 78

° 

N latitude (‘‘North 

Polar Area’’), other than intrastate op-
erations wholly within the state of 
Alaska, unless authorized by the FAA. 
The certificate holder’s operation spec-
ifications must include the following: 

(a) The designation of airports that 

may be used for en-route diversions 
and the requirements the airports must 
meet at the time of diversion. 

(b) Except for all-cargo operations, a 

recovery plan for passengers at des-
ignated diversion airports. 

(c) A fuel-freeze strategy and proce-

dures for monitoring fuel freezing for 
operations in the North Polar Area. 

(d) A plan to ensure communication 

capability for operations in the North 
Polar Area. 

(e) An MEL for operations in the 

North Polar Area. 

(f) A training plan for operations in 

the North Polar Area. 

(g) A plan for mitigating crew expo-

sure to radiation during solar flare ac-
tivity. 

(h) A plan for providing at least two 

cold weather anti-exposure suits in the 
aircraft, to protect crewmembers dur-
ing outside activity at a diversion air-
port with extreme climatic conditions. 
The FAA may relieve the certificate 
holder from this requirement if the 
season of the year makes the equip-
ment unnecessary. 

[Doc. No. FAA–2002–6717, 72 FR 1885, Jan. 16, 
2007, as amended by Amdt. 135–112, 73 FR 
8798, Feb. 15, 2008] 

§ 135.99 Composition of flight crew. 

(a) No certificate holder may operate 

an aircraft with less than the min-
imum flight crew specified in the air-
craft operating limitations or the Air-
craft Flight Manual for that aircraft 
and required by this part for the kind 
of operation being conducted. 

(b) No certificate holder may operate 

an aircraft without a second in com-
mand if that aircraft has a passenger 
seating configuration, excluding any 
pilot seat, of ten seats or more. 

(c) Except as provided in paragraph 

(d) of this section, a certificate holder 
authorized to conduct operations under 
instrument flight rules may receive au-
thorization from the Administrator 
through its operations specifications to 
establish a second-in-command profes-
sional development program. As part of 
that program, a pilot employed by the 
certificate holder may log time as sec-
ond in command in operations con-
ducted under this part and part 91 of 
this chapter that do not require a sec-
ond pilot by type certification of the 
aircraft or the regulation under which 
the flight is being conducted, provided 
the flight operation is conducted in ac-
cordance with the certificate holder’s 
operations specifications for second-in- 
command professional development 
program; and— 

(1) The certificate holder: 
(i) Maintains records for each as-

signed second in command consistent 
with the requirements in § 135.63; 

(ii) Provides a copy of the records re-

quired by § 135.63(a)(4)(vi) and (x) to the 
assigned second in command upon re-
quest and within a reasonable time; 
and 

(iii) Establishes and maintains a data 

collection and analysis process that 
will enable the certificate holder and 

436 

14 CFR Ch. I (1–1–24 Edition) 

§ 135.100 

the FAA to determine whether the sec-
ond-in-command professional develop-
ment program is accomplishing its ob-
jectives. 

(2) The aircraft is a multiengine air-

plane or a single-engine turbine-pow-
ered airplane. The aircraft must have 
an independent set of controls for a 
second pilot flightcrew member, which 
may not include a throwover control 
wheel. The aircraft must also have the 
following equipment and independent 
instrumentation for a second pilot: 

(i) An airspeed indicator; 
(ii) Sensitive altimeter adjustable for 

barometric pressure; 

(iii) Gyroscopic bank and pitch indi-

cator; 

(iv) Gyroscopic rate-of-turn indicator 

combined with an integral slip-skid in-
dicator; 

(v) Gyroscopic direction indicator; 
(vi) For IFR operations, a vertical 

speed indicator; 

(vii) For IFR operations, course guid-

ance for en route navigation and in-
strument approaches; and 

(viii) A microphone, transmit switch, 

and headphone or speaker. 

(3) The pilot assigned to serve as sec-

ond in command satisfies the following 
requirements: 

(i) The second in command qualifica-

tions in § 135.245; 

(ii) The flight time and duty period 

limitations and rest requirements in 
subpart F of this part; 

(iii) The crewmember testing require-

ments for second in command in sub-
part G of this part; and 

(iv) The crewmember training re-

quirements for second in command in 
subpart H of this part. 

(4) The pilot assigned to serve as 

pilot in command satisfies the fol-
lowing requirements: 

(i) Has been fully qualified to serve as 

a pilot in command for the certificate 
holder for at least the previous 6 cal-
endar months; and 

(ii) Has completed mentoring train-

ing, including techniques for rein-
forcing the highest standards of tech-
nical performance, airmanship and pro-
fessionalism within the preceding 36 
calendar months. 

(d) The following certificate holders 

are not eligible to receive authoriza-
tion for a second-in-command profes-

sional development program under 
paragraph (c) of this section: 

(1) A certificate holder that uses only 

one pilot in its operations; and 

(2) A certificate holder that has been 

approved to deviate from the require-
ments in § 135.21(a), § 135.341(a), or 
§ 119.69(a) of this chapter. 

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as 
amended at 83 FR 30282, June 27, 2018] 

§ 135.100 Flight crewmember duties. 

(a) No certificate holder shall re-

quire, nor may any flight crewmember 
perform, any duties during a critical 
phase of flight except those duties re-
quired for the safe operation of the air-
craft. Duties such as company required 
calls made for such nonsafety related 
purposes as ordering galley supplies 
and confirming passenger connections, 
announcements made to passengers 
promoting the air carrier or pointing 
out sights of interest, and filling out 
company payroll and related records 
are not required for the safe operation 
of the aircraft. 

(b) No flight crewmember may en-

gage in, nor may any pilot in command 
permit, any activity during a critical 
phase of flight which could distract 
any flight crewmember from the per-
formance of his or her duties or which 
could interfere in any way with the 
proper conduct of those duties. Activi-
ties such as eating meals, engaging in 
nonessential conversations within the 
cockpit and nonessential communica-
tions between the cabin and cockpit 
crews, and reading publications not re-
lated to the proper conduct of the 
flight are not required for the safe op-
eration of the aircraft. 

(c) For the purposes of this section, 

critical phases of flight includes all 
ground operations involving taxi, take-
off and landing, and all other flight op-
erations conducted below 10,000 feet, 
except cruise flight. 

N

OTE

: Taxi is defined as ‘‘movement of an 

airplane under its own power on the surface 
of an airport.’’ 

[Doc. No. 20661, 46 FR 5502, Jan. 19, 1981] 

§ 135.101 Second in command required 

under IFR. 

Except as provided in § 135.105, no per-

son may operate an aircraft carrying