789 

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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790 

14 CFR Ch. I (1–1–24 Edition) 

§ 91.1055 

(b) The Administrator may authorize 

deviations from paragraph (a)(1) of this 
section if the Flight Standards office 
that issued the program manager’s 
management specifications finds that 
the crewmember has comparable expe-
rience, and can effectively perform the 
functions associated with the position 
in accordance with the requirements of 
this chapter. Grants of deviation under 
this paragraph may be granted after 
consideration of the size and scope of 
the operation, the qualifications of the 
intended personnel and the cir-
cumstances set forth in § 91.1055(b)(1) 
through (3). The Administrator may, at 
any time, terminate any grant of devi-
ation authority issued under this para-
graph. 

[Docket No. FAA–2001–10047, 68 FR 54561, 
Sept. 17, 2003, as amended by Docket FAA– 
2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 
2018] 

§ 91.1055

Pilot operating limitations 

and pairing requirement. 

(a) If the second in command of a 

fixed-wing program aircraft 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 aircraft being 
flown, and the pilot in command is not 
an appropriately qualified check pilot, 
the pilot in command shall make all 
takeoffs and landings in any of the fol-
lowing situations: 

(1) Landings at the destination air-

port when a Destination Airport Anal-
ysis is required by § 91.1037(c); and 

(2) In any of the following conditions: 
(i) The prevailing visibility for the 

airport is at or below 

3

⁄

4

mile. 

(ii) The runway visual range for the 

runway to be used is at or below 4,000 
feet. 

(iii) The runway to be used has 

water, snow, slush, ice or similar con-
tamination that may adversely affect 
aircraft performance. 

(iv) The braking action on the run-

way to be used is reported to be less 
than ‘‘good.’’ 

(v) The crosswind component for the 

runway to be used is in excess of 15 
knots. 

(vi) Windshear is reported in the vi-

cinity of the airport. 

(vii) Any other condition in which 

the pilot in command determines it to 
be prudent to exercise the pilot in com-
mand’s authority. 

(b) No program manager may release 

a program flight under this subpart un-
less, for that aircraft make or model 
and, if a type rating is required, for 
that type aircraft, either the pilot in 
command or the second in command 
has at least 75 hours of flight time, ei-
ther as pilot in command or second in 
command. The Administrator may, 
upon application by the program man-
ager, authorize deviations from the re-
quirements of this paragraph by an ap-
propriate amendment to the manage-
ment specifications in any of the fol-
lowing circumstances: 

(1) A newly authorized program man-

ager does not employ any pilots who 
meet the minimum requirements of 
this paragraph. 

(2) An existing program manager 

adds to its fleet a new category and 
class aircraft not used before in its op-
eration. 

(3) An existing program manager 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) No person may be assigned in the 

capacity of pilot in command in a pro-
gram operation to more than two air-
craft types that require a separate type 
rating. 

§ 91.1057

Flight, duty and rest time re-

quirements: All crewmembers. 

(a) For purposes of this subpart— 
Augmented flight crew means at least 

three pilots. 

Calendar day means the period of 

elapsed time, using Coordinated Uni-
versal Time or local time that begins 
at midnight and ends 24 hours later at 
the next midnight. 

Duty period means the period of 

elapsed time between reporting for an 
assignment involving flight time and 
release from that assignment by the 
program manager. All time between 
these two points is part of the duty pe-
riod, even if flight time is interrupted 
by nonflight-related duties. The time is 
calculated using either Coordinated 
Universal Time or local time to reflect 
the total elapsed time. 

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