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Federal Aviation Administration, DOT 

§ 135.117 

(c) The Administrator issues an 

amendment to the operations specifica-
tions authorizing the use of an auto-
pilot system, in place of a second in 
command, if— 

(1) The autopilot is capable of oper-

ating the aircraft controls to maintain 
flight and maneuver it about the three 
axes; and 

(2) The certificate holder shows, to 

the satisfaction of the Administrator, 
that operations using the autopilot 
system can be conducted safely and in 
compliance with this part. 

The amendment contains any condi-

tions or limitations on the use of the 
autopilot system that the Adminis-
trator determines are needed in the in-
terest of safety. 

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as 
amended by Amdt. 135–3, 45 FR 7542, Feb. 4, 
1980; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995] 

§ 135.107

Flight attendant crew-

member requirement. 

No certificate holder may operate an 

aircraft that has a passenger seating 
configuration, excluding any pilot seat, 
of more than 19 unless there is a flight 
attendant crewmember on board the 
aircraft. 

§ 135.109

Pilot in command or second 

in command: Designation required. 

(a) Each certificate holder shall des-

ignate a— 

(1) Pilot in command for each flight; 

and 

(2) Second in command for each 

flight requiring two pilots. 

(b) The pilot in command, as des-

ignated by the certificate holder, shall 
remain the pilot in command at all 
times during that flight. 

§ 135.111

Second in command required 

in Category II operations. 

No person may operate an aircraft in 

a Category II operation unless there is 
a second in command of the aircraft. 

§ 135.113

Passenger occupancy of pilot 

seat. 

No certificate holder may operate an 

aircraft type certificated after October 
15, 1971, that has a passenger seating 
configuration, excluding any pilot seat, 
of more than eight seats if any person 
other than the pilot in command, a sec-

ond in command, a company check air-
man, or an authorized representative of 
the Administrator, the National Trans-
portation Safety Board, or the United 
States Postal Service occupies a pilot 
seat. 

§ 135.115

Manipulation of controls. 

No pilot in command may allow any 

person to manipulate the flight con-
trols of an aircraft during flight con-
ducted under this part, nor may any 
person manipulate the controls during 
such flight unless that person is— 

(a) A pilot employed by the certifi-

cate holder and qualified in the air-
craft; or 

(b) An authorized safety representa-

tive of the Administrator who has the 
permission of the pilot in command, is 
qualified in the aircraft, and is check-
ing flight operations. 

§ 135.117

Briefing of passengers before 

flight. 

(a) Before each takeoff each pilot in 

command of an aircraft carrying pas-
sengers shall ensure that all passengers 
have been orally briefed on— 

(1) 

Smoking. 

Each passenger shall be 

briefed on when, where, and under what 
conditions smoking is prohibited (in-
cluding, but not limited to, any appli-
cable requirements of part 252 of this 
title). This briefing shall include a 
statement that the Federal Aviation 
Regulations require passenger compli-
ance with the lighted passenger infor-
mation signs (if such signs are re-
quired), posted placards, areas des-
ignated for safety purposes as no smok-
ing areas, and crewmember instruc-
tions with regard to these items. The 
briefing shall also include a statement 
(if the aircraft is equipped with a lava-
tory) that Federal law prohibits: tam-
pering with, disabling, or destroying 
any smoke detector installed in an air-
craft lavatory; smoking in lavatories; 
and, when applicable, smoking in pas-
senger compartments. 

(2) The use of safety belts, including 

instructions on how to fasten and un-
fasten the safety belts. Each passenger 
shall be briefed on when, where, and 
under what conditions the safety belt 
must be fastened about that passenger. 
This briefing shall include a statement 
that the Federal Aviation Regulations 

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