788
14 CFR Ch. I (1–1–24 Edition)
§ 91.1049
(2) The categories of employees test-
ed, the types of tests, for example, pre-
employment, random, reasonable
cause/suspicion, post accident, return
to duty and follow-up; and
(3) The degree to which the program
manager’s company testing program is
comparable to the federally mandated
drug and alcohol testing program re-
quired under part 120 of this chapter re-
garding the information in paragraphs
(c)(1) and (c)(2) of this section.
(d) If a program aircraft is operated
on a program flight into an airport at
which no maintenance personnel are
available that are subject to the re-
quirements of paragraphs (a) or (b) of
this section and emergency mainte-
nance is required, the program man-
ager may use persons not meeting the
requirements of paragraphs (a) or (b) of
this section to provide such emergency
maintenance under both of the fol-
lowing conditions:
(1) The program manager must notify
the Drug Abatement Program Division,
AAM–800, 800 Independence Avenue,
SW., Washington, DC 20591 in writing
within 10 days after being provided
emergency maintenance in accordance
with this paragraph. The program man-
ager must retain copies of all such
written notifications for two years.
(2) The aircraft must be reinspected
by maintenance personnel who meet
the requirements of paragraph (a) or
(b) of this section when the aircraft is
next at an airport where such mainte-
nance personnel are available.
(e) For purposes of this section,
emergency maintenance means main-
tenance that—
(1) Is not scheduled, and
(2) Is made necessary by an aircraft
condition not discovered prior to the
departure for that location.
(f) Notwithstanding paragraphs (a)
and (b) of this section, drug and alcohol
misuse education conducted under an
FAA-approved drug and alcohol misuse
prevention program may be used to
satisfy these requirements.
[Doc. No. FAA–2001–10047, 68 FR 54561, Sept.
17, 2003, as amended by Amdt. 91–307, 74 FR
22653, May 14, 2009]
§ 91.1049
Personnel.
(a) Each program manager and each
fractional owner must use in program
operations on program aircraft flight
crews meeting § 91.1053 criteria and
qualified under the appropriate regula-
tions. The program manager must pro-
vide oversight of those crews.
(b) Each program manager must em-
ploy (either directly or by contract) an
adequate number of pilots per program
aircraft. Flight crew staffing must be
determined based on the following fac-
tors, at a minimum:
(1) Number of program aircraft.
(2) Program manager flight, duty,
and rest time considerations, and in all
cases within the limits set forth in
§§ 91.1057 through 91.1061.
(3) Vacations.
(4) Operational efficiencies.
(5) Training.
(6) Single pilot operations, if author-
ized by deviation under paragraph (d)
of this section.
(c) Each program manager must pub-
lish pilot and flight attendant duty
schedules sufficiently in advance to
follow the flight, duty, and rest time
limits in §§ 91.1057 through 91.1061 in
program operations.
(d) Unless otherwise authorized by
the Administrator, when any program
aircraft is flown in program operations
with passengers onboard, the crew
must consist of at least two qualified
pilots employed or contracted by the
program manager or the fractional
owner.
(e) The program manager must en-
sure that trained and qualified sched-
uling or flight release personnel are on
duty to schedule and release program
aircraft during all hours that such air-
craft are available for program oper-
ations.
§ 91.1050
Employment of former FAA
employees.
(a) Except as specified in paragraph
(c) of this section, no fractional owner
or fractional ownership program man-
ager may knowingly employ or make a
contractual arrangement which per-
mits an individual to act as an agent or
representative of the fractional owner
or fractional ownership program man-
ager in any matter before the Federal
Aviation Administration if the indi-
vidual, in the preceding 2 years—
(1) Served as, or was directly respon-
sible for the oversight of, a Flight
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Federal Aviation Administration, DOT
§ 91.1053
Standards Service aviation safety in-
spector; and
(2) Had direct responsibility to in-
spect, or oversee the inspection of, the
operations of the fractional owner or
fractional ownership program manager.
(b) For the purpose of this section, an
individual shall be considered to be
acting as an agent or representative of
a fractional owner or fractional owner-
ship program manager in a matter be-
fore the agency if the individual makes
any written or oral communication on
behalf of the fractional owner or frac-
tional ownership program manager to
the agency (or any of its officers or em-
ployees) in connection with a par-
ticular matter, whether or not involv-
ing a specific party and without regard
to whether the individual has partici-
pated in, or had responsibility for, the
particular matter while serving as a
Flight Standards Service aviation safe-
ty inspector.
(c) The provisions of this section do
not prohibit a fractional owner or frac-
tional ownership program manager
from knowingly employing or making
a contractual arrangement which per-
mits an individual to act as an agent or
representative of the fractional owner
or fractional ownership program man-
ager in any matter before the Federal
Aviation Administration if the indi-
vidual was employed by the fractional
owner or fractional ownership program
manager before October 21, 2011.
[Doc. No. FAA–2008–1154, 76 FR 52235, Aug. 22,
2011]
§ 91.1051
Pilot safety background
check.
Within 90 days of an individual begin-
ning service as a pilot, the program
manager must request the following in-
formation:
(a) FAA records pertaining to—
(1) Current pilot certificates and as-
sociated type ratings.
(2) Current medical certificates.
(3) Summaries of legal enforcement
actions resulting in a finding by the
Administrator of a violation.
(b) Records from all previous employ-
ers during the five years preceding the
date of the employment application
where the applicant worked as a pilot.
If any of these firms are in bankruptcy,
the records must be requested from the
trustees in bankruptcy for those em-
ployees. If the previous employer is no
longer in business, a documented good
faith effort must be made to obtain the
records. Records from previous employ-
ers must include, as applicable—
(1) Crew member records.
(2) Drug testing—collection, testing,
and rehabilitation records pertaining
to the individual.
(3) Alcohol misuse prevention pro-
gram records pertaining to the indi-
vidual.
(4) The applicant’s individual record
that includes certifications, ratings,
aeronautical experience, effective date
and class of the medical certificate.
E
FFECTIVE
D
ATE
N
OTE
: By Docket No.:
FAA–2020–0246; Amdt. No. 91–363, 86 FR 31060,
June 10, 2021, § 91.1051 was removed, effective
Sept. 9, 2024.
§ 91.1053
Crewmember experience.
(a) No program manager or owner
may use any person, nor may any per-
son serve, as a pilot in command or
second in command of a program air-
craft, or as a flight attendant on a pro-
gram aircraft, in program operations
under this subpart unless that person
has met the applicable requirements of
part 61 of this chapter and has the fol-
lowing experience and ratings:
(1) Total flight time for all pilots:
(i) Pilot in command—A minimum of
1,500 hours.
(ii) Second in command—A minimum
of 500 hours.
(2) For multi-engine turbine-powered
fixed-wing and powered-lift aircraft,
the following FAA certification and
ratings requirements:
(i) Pilot in command—Airline trans-
port pilot and applicable type ratings.
(ii) Second in command—Commercial
pilot and instrument ratings.
(iii) Flight attendant (if required or
used)—Appropriately trained per-
sonnel.
(3) For all other aircraft, the fol-
lowing FAA certification and rating re-
quirements:
(i) Pilot in command—Commercial
pilot and instrument ratings.
(ii) Second in command—Commercial
pilot and instrument ratings.
(iii) Flight attendant (if required or
used)—Appropriately trained per-
sonnel.
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