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Editorial Note:
For the text of ACAR No. 36, see part 121 of this
chapter.
Special AFRO-CAA
Regulation No. 50–2
Editorial Note:
For the text of ACAR No. 50–2, see part 91 of this
chapter.
Special AFRO-CAA
Regulation No. 71
Editorial Note:
For the text of ACAR No. 71, see part 91 of this
chapter.
Special AFRO-CAA
Regulation No. 89
Editorial Note:
For the text of ACAR No. 89, see part 121 of this
chapter.
Special AFRO-CAA
Regulation No. 93
Editorial Note:
For the text of ACAR No. 93, see part 61 of this
chapter.
Special AFRO-CAA
Regulation No. 97
Editorial Note:
For the text of ACAR No. 97, see part 91 of this
chapter.
Special AFRO-CAA
Regulation No. 106
Editorial Note:
For the text of ACAR No. 106, see part 121 of this
chapter.
Subpart A—General
(a)
This part prescribes rules governing—
(1)
The commuter or on-demand operations of each person
who holds or is required to hold an Air Carrier
Certificate or Operating Certificate under part 119
of this chapter.
(2)
Each person employed or used by a certificate holder
conducting operations under this part including the
maintenance, preventative maintenance and alteration
of an aircraft.
(3)
The transportation of mail by aircraft conducted
under a postal service contract awarded under 39
AFRO-CAA MEMBER STATES. 5402c.
(4)
Each person who applies for provisional approval of
an Advanced Qualification Program curriculum,
curriculum segment, or portion of a curriculum
segment under subpart Y of part 121 of this chapter
of 14 CFR part 121 and each person employed or used
by an air carrier or commercial operator under this
part to perform training, qualification, or
evaluation functions under an Advanced Qualification
Program under subpart Y of part 121 of this chapter
of 14 CFR part 121.
(5)
Nonstop Commercial Air Tour flights conducted for
compensation or hire in accordance with 119.1(e)(2)
of this chapter that begin and end at the same
airport and are conducted within a 25-statute-mile
radius of that airport; provided further that these
operations must comply only with the drug and
alcohol testing requirements in 135.249, 135.251,
135.253, 135.255, and 135.353; and with the
provisions of part 136, subpart A, and 91.147 of
this chapter by.
(6)
Each person who is on board an aircraft being
operated under this part.
(7)
Each person who is an applicant for an Air Carrier
Certificate or an Operating Certificate under 119 of
this chapter, when conducting proving tests.
(8)
Commercial Air tours conducted by holders of
operations specifications issued under this part
must comply with the provisions of part 136, Subpart
A of this chapter.
(b)
[Reserved]
(c)
An operator who does not hold a part 119 certificate
and who operates under the provisions of 91.147 of
this chapter is permitted to use a person who is
otherwise authorized to perform aircraft maintenance
or preventive maintenance duties and who is not
subject to anti-drug and alcohol misuse prevent
programs to perform—
(1)
Aircraft maintenance or preventive maintenance on
the operator's aircraft if the operator would
otherwise be required to transport the aircraft more
than 50 nautical miles further than the repair point
closest to operator's principal place of operation
to obtain these services; or
(2)
Emergency repairs on the operator's aircraft if the
aircraft cannot be safely operated to a location
where an employee subject to AFRO-CAA-approved
programs can perform the repairs.
(a)
Applicability. This section applies to the
following:
(1)
Each certificate holder that was issued an air
carrier or operating certificate and operations
specifications under the requirements of part 135 of
this chapter or under ACAR No. 38–2 of 14 CFR part
121, and that conducts scheduled passenger-carrying
operations with:
(i)
Non-transport category turbo-propeller powered
airplanes type certificated, that have a passenger
seat configuration of 10–19 seats;
(ii)
Transport category turbo-propeller powered airplanes
that have a passenger seat configuration of 20–30
seats; or
(iii) Turbojet engine powered airplanes having a
passenger seat configuration of 1–30 seats.
(2)
Each person who, applies for or obtains an initial
air carrier or operating certificate and operations
specifications to conduct scheduled
passenger-carrying operations in the kinds of
airplanes described in paragraphs (a)(1)(i),
(a)(1)(ii), or paragraph (a)(1)(iii) of this
section.
(b)
Obtaining operations specifications. A
certificate holder described in paragraph (a)(1) of
this section may not, operate an airplane described
in paragraphs (a)(1)(i), (a)(1)(ii), or (a)(1)(iii)
of this section in scheduled passenger-carrying
operations, unless it obtains operations
specifications to conduct its scheduled operations
under part 121 of this chapter.
(c)
Regular or accelerated compliance. Except as
provided in paragraphs (d), and (e) of this section,
each certificate holder described in paragraph
(a)(1) of this section shall comply with each
applicable requirement of part 121 of this chapter
or on and after the date on which the certificate
holder is issued operations specifications under
this part. Except as provided in paragraphs (d) and
(e) of this section, each person described in
paragraph (a)(2) of this section shall comply with
each applicable requirement of part 121 of this
chapter on and after the date on which that person
is issued a certificate and operations
specifications under part 121 of this chapter.
(d)
Delayed compliance dates. Unless paragraph
(e) of this section specifies an earlier compliance
date, no certificate holder that is covered by
paragraph (a) of this section may operate an
airplane in 14 CFR part 121 operations on or after a
date listed in this paragraph unless that airplane
meets the applicable requirement of this paragraph:
(1)
Non-transport category turbo-propeller powered
airplanes that have a passenger seat configuration
of 10–19 seats. No certificate holder may
operate under this part an airplane that is
described in paragraph (a)(1)(i) of this section on
or after a date listed in paragraph (d)(1) of this
section unless that airplane meets the applicable
requirement listed in paragraph (d)(1) of this
section:
(i)
December 20, 1997
(A)
Section 121.289, Landing gear aural warning.
(B)
Section 121.308, Lavatory fire protection.
(C)
Section 121.310(e), Emergency exit handle
illumination.
(D)
Section 121.337(b)(8), Protective breathing
equipment.
(E)
Section 121.340, Emergency flotation means.
(ii)
Section 121.342, Pitot heat indication system.
(iii)
December 20, 2010:
(A)
For airplanes described in 121.157(f), the Airplane
Performance Operating Limitations in 121.189 through
121.197.
(B)
Section 121.161(b), Ditching approval.
(C)
Section 121.305(j), Third attitude indicator.
(D)
Section 121.312(c), Passenger seat cushion
flammability.
(iv)
Section 121.310(b)(1), Interior emergency exit
locating sign.
(2)
Transport category turbo-propeller powered
airplanes that have a passenger seat configuration
of 20–30 seats. No certificate holder may
operate under this part an airplane that is
described in paragraph (a)(1)(ii) of this section on
or after a date listed in paragraph (d)(2) of this
section unless that airplane meets the applicable
requirement listed in paragraph (d)(2) of this
section:
(i)
December 20, 1997:
(A)
Section 121.308, Lavatory fire protection.
(B)
Section 121.337(b) (8) and (9), Protective breathing
equipment.
(C)
Section 121.340, Emergency flotation means.
(ii)
Section 121.305(j), Third attitude indicator.
(e)
Newly manufactured airplanes. No certificate
holder that is described in paragraph (a) of this
section may operate under part 121 of this chapter
an airplane manufactured on or after a date listed
in this paragraph (e) unless that airplane meets the
applicable requirement listed in this paragraph (e).
(1)
For non-transport category turbo-propeller powered
airplanes type certificated after December 31, 1964,
that have a passenger seat configuration of 10–19
seats:
(i)
Manufactured on or after March 20, 1997:
(A)
Section 121.305(j), Third attitude indicator.
(B)
Section 121.311(f), Safety belts and shoulder
harnesses.
(ii)
Section 121.317(a), Fasten seat belt light.
(iii) Section 121.293, Take-off warning system.
(iv)
Section 121.310(b)(1), Interior emergency exit
locating sign.
(2)
For transport category turbo-propeller powered
airplanes that have a passenger seat configuration
of 20–30 seats manufactured on or after March 20,
1997: Section 121.305(j), Third attitude indicator.
(f)
New type certification requirements. No
person may operate an airplane for which the
application for a type certificate was filed in 14
CFR part 121 operations unless that airplane is type
certificated under part 25 of this chapter.
(g)
Transition plan. Each certificate holder
described in paragraph (a)(1) of this section must
submit to the AFRO-CAA a transition plan (containing
a calendar of events) for moving from conducting its
scheduled operations under the commuter requirements
of part 135 of this chapter to the requirements for
domestic or flag operations under part 121 of this
chapter. Each transition plan must contain details
on the following:
(1)
Plans for obtaining new operations specifications
authorizing domestic or flag operations;
(2)
Plans for being in compliance with the applicable
requirements of part 121 of this chapter on and
(3)
Plans for complying with the compliance date
schedules contained in paragraphs (d) and (e) of
this section.
(a)
Each person operating an aircraft in operations
under this part shall—
(1)
While operating inside the AFRO-CAA member States,
comply with the applicable rules of this chapter;
and
(2)
While operating outside the AFRO-CAA member States,
comply with Annex 2, Rules of the Air, to the
Convention on International Civil Aviation or the
regulations of any foreign country, whichever
applies, and with any rules of parts 61 and 91 of
this chapter and this part that are more restrictive
than that Annex or those regulations and that can be
complied with without violating that Annex or those
regulations. Annex 2 is incorporated by reference in
91.703(b) of this chapter.
(b)
Each certificate holder that conducts commuter
operations under this part with airplanes in which
two pilots are required by the type certification
rules of this chapter shall comply with subparts N
and O of part 121 of this chapter instead of the
requirements of subparts E, G, and H of this part.
Each affected certificate holder must submit to the
Administrator and obtain approval of a transition
plan (containing a calendar of events) for moving
from its present part 135 training, checking,
testing, and qualification requirements to the
requirements of part 121 of this chapter. Each
transition plan must be submitted, and must contain
details on how the certificate holder plans to be in
compliance with subparts N and O of part 121.
(c)
If authorized by the Administrator upon application,
each certificate holder that conducts operations
under this part to which paragraph (b) of this
section does not apply, may comply with the
applicable sections of subparts N and O of part 121
instead of the requirements of subparts E, G, and H
of this part, except that those authorized
certificate holders may choose to comply with the
operating experience requirements of 135.244,
instead of the requirements of 121.434 of this
chapter.
(a)
An “eligible on-demand operation” is an on-demand
operation conducted under this part that meets the
following requirements:
(1)
Two-pilot crew. The flight-crew must consist
of at least two qualified pilots employed or
contracted by the certificate holder.
(2)
Flight crew experience. The crewmembers must
have met the applicable requirements of part 61 of
this chapter and have the following experience and
ratings:
(i)
Total flight time for all pilots:
(A)
Pilot in command—A minimum of 1,500 hours.
(B)
Second in command—A minimum of 500 hours.
(ii)
For multi-engine turbine-powered fixed-wing and
powered-lift aircraft, the following AFRO-CAA
certification and ratings requirements:
(A)
Pilot in command—Airline transport pilot and
applicable type ratings.
(B)
Second in command—Commercial pilot and instrument
ratings.
(iii) For all other aircraft, the following AFRO-CAA
certification and rating requirements:
(A)
Pilot in command—Commercial pilot and instrument
ratings.
(B)
Second in command—Commercial pilot and instrument
ratings.
(3)
Pilot operating limitations. If the second in
command of a fixed-wing 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
take-offs and landings in any of the following
situations:
(i)
Landings at the destination airport when a
Destination Airport Analysis is required by
135.385(f); and
(ii)
In any of the following conditions:
(A)
The prevailing visibility for the airport is at or
below3/4mile.
(B)
The runway visual range for the runway to be used is
at or below 4,000 feet.
(C)
The runway to be used has water, snow, slush, ice,
or similar contamination that may adversely affect
aircraft performance.
(D)
The braking action on the runway to be used is
reported to be less than “good.”
(E)
The crosswind component for the runway to be used is
in excess of 15 knots.
(F)
Wind shear is reported in the vicinity of the
airport.
(G)
Any other condition in which the pilot in command
determines it to be prudent to exercise the pilot in
command's authority.
(4)
Crew pairing. Either the pilot in command or
the second in command 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 Flight Standards District Office that issued the
certificate holder's operations specifications finds
that the crewmember has comparable experience, and
can effectively perform the functions associated
with the position in accordance with the
requirements of this chapter. The Administrator may,
at any time, terminate any grant of deviation
authority issued under this paragraph. 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 following circumstances:
(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 section.
(2)
An existing certificate holder adds to its fleet a
new category and class aircraft not used before in
its operation.
(3)
An existing certificate holder establishes 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 requirements specified in 135.225(b),
135.385(f), and 135.387(b) instead of the
requirements that apply to other on-demand
operations.
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
certificate and operations specifications required
by part 119 of this chapter.
A
certificate holder may use a crewmember 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 requirements of subparts N and O of
part 121 of this chapter. The crewmember must comply
with the applicable recurrent training requirements
of part 121 of this chapter.
(a)
In an emergency involving the safety of persons or
property, the certificate 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 authority of this
section, deviates from a rule of this part shall,
within 10 days, excluding Saturdays, Sundays, and
AFRO-CAA holidays, after the deviation, send to the
AFRO-CAA Flight Standards District Office charged
with the overall inspection of the certificate
holder a complete report of the aircraft operation
involved, including a description of the deviation
and reasons for it.
(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
setting forth the certificate holder's procedures
and policies acceptable to the Administrator. This
manual must be used by the certificate holder's
flight, ground, and maintenance personnel in
conducting its operations. However, the
Administrator may authorize a deviation from this
paragraph if the Administrator finds that, because
of the limited size of the operation, all or part of
the manual is not necessary for guidance of flight,
ground, or maintenance personnel.
(b)
Each certificate holder shall maintain at least one
copy of the manual at its principal base of
operations.
(c)
The manual must not be contrary to any applicable
AFRO-CAA regulations, foreign regulation applicable
to the certificate holder's operations in foreign
countries, or the certificate holder's operating
certificate or operations specifications.
(d)
A copy of the manual, or appropriate portions of the
manual (and changes and additions) shall be made
available to maintenance and ground operations
personnel by the certificate holder and furnished
to—
(1)
Its flight crew-members; and
(2)
Representatives of the Administrator assigned to the
certificate holder.
(e)
Each employee of the certificate holder to whom a
manual or appropriate portions of it are furnished
under paragraph (d)(1) of this section shall keep it
up to date with the changes and additions furnished
to them.
(f)
Except as provided in paragraph (h) of this section,
each certificate holder must carry appropriate parts
of the manual on each aircraft when away from the
principal operations base. The appropriate parts
must be available for use by ground or flight
personnel.
(g)
For the purpose of complying with paragraph (d) of
this section, a certificate holder may furnish the
persons listed therein with all or part of its
manual in printed form or other form, acceptable to
the Administrator, that is retrievable in the
English language. If the certificate holder
furnishes all or part of the manual in other than
printed form, it must ensure there is a compatible
reading device available to those persons that
provides a legible image of the information and
instructions, or a system that is able to retrieve
the information and instructions in the English
language.
(h)
If a certificate holder conducts aircraft
inspections or maintenance at specified stations
where it keeps the approved inspection program
manual, it is not required to carry the manual
aboard the aircraft en route to those stations.
Each
manual shall have the date of the last revision on
each revised page. The manual must include—
(a)
The name of each management person required under
119.69(a) of this chapter who is authorized to act
for the certificate holder, the person's assigned
area of responsibility, the person's duties,
responsibilities, and authority, and the name and
title of each person authorized to exercise
operational control under 135.77;
(b)
Procedures for ensuring compliance with aircraft
weight and balance limitations and, for multiengine
aircraft, for determining compliance with 135.185;
(c)
Copies of the certificate holder's operations
specifications or appropriate extracted information,
including area of operations authorized, category
and class of aircraft authorized, crew complements,
and types of operations authorized;
(d)
Procedures for complying with accident notification
requirements;
(e)
Procedures for ensuring that the pilot in command
knows that required airworthiness inspections have
been made and that the aircraft has been approved
for return to service in compliance with applicable
maintenance requirements;
(f)
Procedures for reporting and recording mechanical
irregularities that come to the attention of the
pilot in command before, during, and after
completion of a flight;
(g)
Procedures to be followed by the pilot in command
for determining that mechanical irregularities or
defects reported for previous flights have been
corrected or that correction has been deferred;
(h)
Procedures to be followed by the pilot in command to
obtain maintenance, preventive maintenance, and
servicing of the aircraft at a place where previous
arrangements have not been made by the operator,
when the pilot is authorized to so act for the
operator;
(i)
Procedures under 135.179 for the release for, or
continuation of, flight if any item of equipment
required for the particular type of operation
becomes inoperative or unserviceable en route;
(j)
Procedures for refueling aircraft, eliminating fuel
contamination, protecting from fire (including
electrostatic protection), and supervising and
protecting passengers during refueling;
(k)
Procedures to be followed by the pilot in command in
the briefing under 135.117;
(l)
Flight locating procedures, when applicable;
(m)
Procedures for ensuring compliance with emergency
procedures, including a list of the functions
assigned each category of required crewmembers in
connection with an emergency and emergency
evacuation duties under 135.123;
(n)
En route qualification procedures for pilots, when
applicable;
(o)
The approved aircraft inspection program, when
applicable;
(p)(1) Procedures and information, as described in
paragraph (p)(2) of this section, to assist each
crewmember and person performing or directly
supervising the following job functions involving
items for transport on an aircraft:
(i)
Acceptance;
(ii)
Rejection;
(iii) Handling;
(iv)
Storage incidental to transport;
(v)
Packaging of company material; or
(vi)
Loading.
(2)
Ensure that the procedures and information described
in this paragraph are sufficient to assist a person
in identifying packages that are marked or labeled
as containing hazardous materials or that show signs
of containing undeclared hazardous materials. The
procedures and information must include:
(i)
Procedures for rejecting packages that do not
conform to the Hazardous Materials Regulations in 49
CFR parts 171 through 180 or that appear to contain
undeclared hazardous materials;
(ii)
Procedures for complying with the hazardous
materials incident reporting requirements of 49 CFR
171.15 and 171.16 and discrepancy reporting
requirements of 49 CFR 175.31.
(iii) The certificate holder's hazmat policies and
whether the certificate holder is authorized to
carry, or is prohibited from carrying, hazardous
materials; and
(iv)
If the certificate holder's operations
specifications permit the transport of hazardous
materials, procedures and information to ensure the
following:
(A)
That packages containing hazardous materials are
properly offered and accepted in compliance with 49
CFR parts 171 through 180;
(B)
That packages containing hazardous materials are
properly handled, stored, packaged, loaded and
carried on board an aircraft in compliance with 49
CFR parts 171 through 180;
(C)
That the requirements for Notice to the Pilot in
Command (49 CFR 175.33) are complied with; and
(D)
That aircraft replacement parts, consumable
materials or other items regulated by 49 CFR parts
171 through 180 are properly handled, packaged, and
transported.
(q)
Procedures for the evacuation of persons who may
need the assistance of another person to move
expeditiously to an exit if an emergency occurs; and
(r)
If required by 135.385, an approved Destination
Airport Analysis establishing runway safety margins
at destination airports, taking into account the
following factors as supported by published aircraft
performance data supplied by the aircraft
manufacturer for the appropriate runway conditions—
(1)
Pilot qualifications and experience;
(2)
Aircraft performance data to include normal,
abnormal and emergency procedures as supplied by the
aircraft manufacturer;
(3)
Airport facilities and topography;
(4)
Runway conditions (including contamination);
(5)
Airport or area weather reporting;
(6)
Appropriate additional runway safety margins, if
required;
(7)
Airplane inoperative equipment;
(8)
Environmental conditions; and
(9)
Other criteria affecting aircraft performance.
(s)
Other procedures and policy instructions regarding
the certificate holder's operations issued by the
certificate holder.
(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 AFRO-CAA
member States and carries an appropriate and current
airworthiness certificate issued under this chapter;
and
(2)
Is in an airworthy condition and meets the
applicable airworthiness requirements of this
chapter, including those relating to identification
and equipment.
(b)
Each certificate holder must have the exclusive use
of at least one aircraft that meets the requirements
for at least one kind of operation authorized in the
certificate holder's operations specifications. In
addition, for each kind of operation for which the
certificate holder does not have the exclusive use
of an aircraft, the certificate 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 aircraft for
other than operations under this part and does not
require the certificate holder to have exclusive use
of all aircraft that the certificate holder uses.
(c)
For the purposes of paragraph (b) 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,
control, and use for at least 6 consecutive months.
(d)
A certificate holder may operate in common carriage,
and for the carriage 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 International Civil Aviation if—
(1)
The aircraft carries an appropriate airworthiness
certificate issued by the country of registration
and meets the registration and identification
requirements of that country;
(2)
The aircraft is of a type design which is approved
under a AFRO-CAA member States 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 AFRO-CAA
member States, including the requirements which must
be met for issuance of a AFRO-CAA member States
Standard airworthiness certificate (including type
design conformity, condition for safe operation, and
the noise, fuel venting, and engine emission
requirements of this chapter), except that a
AFRO-CAA member States registration certificate and
a AFRO-CAA member States standard airworthiness
certificate will not be issued for the aircraft;
(3)
The aircraft is operated by AFRO-CAA member
States-certificated airmen employed by the
certificate holder; and
(4)
The certificate holder files a copy of the aircraft
lease or charter agreement with the AFRO-CAA
Aircraft Registry, Department of Transportation,
6400 South MacArthur Boulevard, Oklahoma City, OK
(Mailing address: P.O. Box 25504, Oklahoma City, OK
73125).
If
the holder of a certificate operating under this
part allows any aircraft owned or leased by that
holder to be engaged in any operation that the
certificate holder knows to be in violation of
91.19(a) of this chapter, that operation is a basis
for suspending or revoking the certificate.
135.43 Crewmember
certificates: International operations.
(a)
This section describes the certificates that were
issued to AFRO-CAA member States citizens who were
employed by air carriers at the time of issuance as
flight crewmembers on AFRO-CAA member States
registered aircraft engaged in international 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
cancellation at the nearest AFRO-CAA Flight
Standards District Office at the termination of the
holder's employment with that air carrier.
This
subpart prescribes rules, in addition to those in
part 91 of this chapter, that apply to operations
under this part.
(a)
Each certificate holder shall keep at its principal
business office or at other places approved by the
Administrator, and shall make available for
inspection by the Administrator the following—
(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, including 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 experience in
sufficient detail to determine the pilot's
qualifications to pilot aircraft 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 required by this part and the type of
aircraft flown during that test or check.
(vii) The pilot's flight time in sufficient detail
to determine compliance with the flight time
limitations of this part.
(viii) The pilot's check pilot authorization, if
any.
(ix)
Any action taken concerning the pilot's release from
employment for physical or professional
disqualification.
(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 detail 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 required
by paragraphs (a)(4) and (a)(5) of this section for
at least 12 months.
(c)
For multiengine aircraft, each certificate holder is
responsible for the preparation and accuracy of a
load manifest in duplicate containing information
concerning the loading of the aircraft. The manifest
must be prepared before each take-off and must
include:
(1)
The number of passengers;
(2)
The total weight of the loaded aircraft;
(3)
The maximum allowable take-off weight for that
flight;
(4)
The center of gravity limits;
(5)
The center of gravity of the loaded aircraft, except
that the actual center 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 entry shall be made on the manifest indicating
that the center of gravity is within limits
according to a loading schedule or other approved
method;
(6)
The registration number of the aircraft or flight
number;
(7)
The origin and destination; and
(8)
Identification of crew members and their crew
position assignments.
(d)
The pilot in command of an aircraft for which a load
manifest must be prepared shall carry a copy of the
completed load manifest in the aircraft to its
destination. The certificate holder shall keep
copies of completed load manifests for at least 30
days at its principal operations base, or at another
location used by it and approved by the
Administrator.
Each
commercial operator who conducts intrastate
operations for compensation or hire shall keep a
copy of each written contract under which it
provides services as a commercial operator for a
period of at least one year after the date of
execution of the contract. In the case of an oral
contract, it shall keep a memorandum stating its
elements, and of any amendments to it, for a period
of at least one year after the execution of that
contract or change.
(a)
Each certificate holder shall provide an aircraft
maintenance log to be carried on board each aircraft
for recording or deferring mechanical irregularities
and their correction.
(b)
The pilot in command shall enter or have entered in
the aircraft maintenance log each mechanical
irregularity that comes to the pilot's attention
during flight time. Before each flight, the pilot in
command shall, if the pilot does not already know,
determine the status of each irregularity entered in
the maintenance log at the end of the preceding
flight.
(c)
Each person who takes corrective action or defers
action concerning a reported or observed failure or
malfunction of an airframe, powerplant, propeller,
rotor, or applicance, shall record the action taken
in the aircraft maintenance log under the applicable
maintenance requirements of this chapter.
(d)
Each certificate holder shall establish a procedure
for keeping copies of the aircraft maintenance log
required by this section in the aircraft for access
by appropriate personnel and shall include that
procedure in the manual required by 135.21.
Whenever a pilot encounters a potentially hazardous
meteorological condition or an irregularity in a
ground facility or navigation aid in flight, the
knowledge of which the pilot considers essential to
the safety of other flights, the pilot shall notify
an appropriate ground radio station as soon as
practicable.
(a)
During operations under this part, if a certificate
holder or pilot in command knows of conditions,
including airport and runway conditions, that are a
hazard to safe operations, the certificate holder or
pilot in command, as the case may be, shall restrict
or suspend operations as necessary until those
conditions are corrected.
(b)
No pilot in command may allow a flight to continue
toward any airport of intended landing under the
conditions set forth in paragraph (a) of this
section, unless, in the opinion of the pilot in
command, the conditions that are a hazard to safe
operations may reasonably be expected to be
corrected by the estimated time of arrival or,
unless there is no safer procedure. In the latter
event, the continuation toward that airport is an
emergency situation under 135.19.
The
pilot in command may not begin a flight unless the
pilot determines that the airworthiness inspections
required by 91.409 of this chapter, or 135.419,
whichever is applicable, have been made.
Each
certificate holder and each person employed by the
certificate holder shall allow the Administrator, at
any time or place, to make inspections or tests
(including en route inspections) to determine the
holder's compliance with the AFRO-CAA member State
Aviation Act, applicable regulations, and the
certificate holder's operating certificate, and
operations specifications.
(a)
Whenever, in performing the duties of conducting an
inspection, an AFRO-CAA inspector presents an
Aviation Safety Inspector credential, AFRO-CAA Form
110A, to the pilot in command of an aircraft
operated by the certificate holder, the inspector
must be given free and uninterrupted access to the
pilot compartment of that aircraft. However, this
paragraph does not limit the emergency authority of
the pilot in command to exclude any person from the
pilot compartment in the interest of safety.
(b)
A forward observer's seat on the flight deck, or
forward passenger seat with headset or speaker must
be provided for use by the Administrator while
conducting en route inspections. The suitability of
the location of the seat and the headset or speaker
for use in conducting en route inspections is
determined by the Administrator.
(a)
Whenever, in performing the duties of conducting an
evaluation, a Ministry of Defense (MOD) commercial
air carrier evaluator presents S&A Form 110B, “MOD
Commercial Air Carrier Evaluator's Credential,” to
the pilot in command of an aircraft operated by the
certificate holder, the evaluator must be given free
and uninterrupted access to the pilot's compartment
of that aircraft. However, this paragraph does not
limit the emergency authority of the pilot in
command to exclude any person from the pilot
compartment in the interest of safety.
(b)
A forward observer's seat on the flight deck or
forward passenger seat with headset or speaker must
be provided for use by the evaluator while
conducting en route evaluations. The suitability of
the location of the seat and the headset or speaker
for use in conducting en route evaluations is
determined by the AFRO-CAA.
Each
certificate holder is responsible for operational
control and shall list, in the manual required by
135.21, the name and title of each person authorized
by it to exercise operational control.
No
person may make an instrument approach at an airport
except in accordance with IFR weather minimums and
instrument approach procedures set forth in the
certificate holder's operations specifications.
(a)
Each certificate holder must have procedures
established for locating each flight, for which an
AFRO-CAA flight plan is not filed, that—
(1)
Provide the certificate holder with at least the
information required to be included in a VFR flight
plan;
(2)
Provide for timely notification of an AFRO-CAA
facility or search and rescue facility, if an
aircraft is overdue or missing; and
(3)
Provide the certificate holder with the location,
date, and estimated time for reestablishing
communications, if the flight will operate in an
area where communications cannot be maintained.
(b)
Flight locating information shall be retained at the
certificate holder's principal place of business, or
at other places designated by the certificate holder
in the flight locating procedures, until the
completion of the flight.
(c)
Each certificate holder shall furnish the
representative of the Administrator assigned to it
with a copy of its flight locating procedures and
any changes or additions, unless those procedures
are included in a manual required under this part.
Each
certificate holder shall inform each person in its
employment of the operations specifications that
apply to that person's duties and responsibilities
and shall make available to each pilot in the
certificate holder's employ the following materials
in current form:
(a)
Airman's Information Manual or a commercial
publication that contains the same information.
(b)
This part and part 91 of this chapter.
(c)
Aircraft Equipment Manuals, and Aircraft Flight
Manual or equivalent.
(d)
For foreign operations, the International Flight
Information Manual or a commercial publication that
contains the same information concerning the
pertinent operational and entry requirements of the
foreign country or countries involved.
(a)
The operator of an aircraft must provide the
following materials, in current and appropriate
form, accessible to the pilot at the pilot station,
and the pilot shall use them:
(1)
A cockpit checklist.
(2)
For multiengine aircraft or for aircraft with
retractable landing gear, an emergency cockpit
checklist containing the procedures required by
paragraph (c) of this section, as appropriate.
(3)
Pertinent aeronautical charts.
(4)
For IFR operations, each pertinent navigational en
route, terminal area, and approach and letdown
chart.
(5)
For multiengine aircraft, one-engine-inoperative
climb performance data and if the aircraft is
approved for use in IFR or over-the-top operations,
that data must be sufficient to enable the pilot to
determine compliance with 135.181(a)(2).
(b)
Each cockpit checklist required by paragraph (a)(1)
of this section must contain the following
procedures:
(1)
Before starting engines;
(2)
Before take-off;
(3)
Cruise;
(4)
Before landing;
(5)
After landing;
(6)
Stopping engines.
(c)
Each emergency cockpit checklist required by
paragraph (a)(2) of this section must contain the
following procedures, as appropriate:
(1)
Emergency operation of fuel, hydraulic, electrical,
and mechanical systems.
(2)
Emergency operation of instruments and controls.
(3)
Engine inoperative procedures.
(4)
Any other emergency procedures necessary for safety.
The
following persons may be carried aboard an aircraft
without complying with the passenger-carrying
requirements of this part:
(a)
A crewmember or other employee of the certificate
holder.
(b)
A person necessary for the safe handling of animals
on the aircraft.
(c)
A person necessary for the safe handling of
hazardous materials (as defined in subchapter C of
title 49 CFR).
(d)
A person performing duty as a security or honor
guard accompanying a shipment made by or under the
authority of the AFRO-CAA member States Government.
(e)
A military courier or a military route supervisor
carried by a military cargo contract air carrier or
commercial operator in operations under a military
cargo contract, if that carriage is specifically
authorized by the appropriate military service.
(f)
An authorized representative of the Administrator
conducting an en route inspection.
(g)
A person, authorized by the Administrator, who is
performing a duty connected with a cargo operation
of the certificate holder.
(h)
A DOD commercial air carrier evaluator conducting an
en route evaluation.
No
person may carry cargo, including carry-on baggage,
in or on any aircraft unless—
(a)
It is carried in an approved cargo rack, bin, or
compartment installed in or on the aircraft;
(b)
It is secured by an approved means; or
(c)
It is carried in accordance with each of the
following:
(1)
For cargo, it is properly secured by a safety belt
or other tie-down having enough strength to
eliminate the possibility of shifting under all
normally anticipated flight and ground conditions,
or for carry-on baggage, it is restrained so as to
prevent its movement during air turbulence.
(2)
It is packaged or covered to avoid possible injury
to occupants.
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