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813 

Federal Aviation Administration, DOT 

§ 91.1055 

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. 

§ 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. 

(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, 

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