410 

14 CFR Ch. I (1–1–19 Edition) 

§ 135.4 

§ 135.4

Applicability of rules for eligi-

ble on-demand operations. 

(a) An ‘‘eligible on-demand oper-

ation’’ is an on-demand operation con-
ducted under this part that meets the 
following requirements: 

(1) 

Two-pilot crew. 

The flightcrew 

must consist of at least two qualified 
pilots employed or contracted by the 
certificate holder. 

(2) 

Flight crew experience. 

The crew-

members 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 FAA certification and 
ratings requirements: 

(A) Pilot in command—Airline trans-

port pilot and applicable type ratings. 

(B) Second in command—Commercial 

pilot and instrument ratings. 

(iii) For all other aircraft, the fol-

lowing FAA certification and rating re-
quirements: 

(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 air-
craft 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 air-
craft being flown, and the pilot in com-
mand is not an appropriately qualified 
check pilot, the pilot in command shall 
make all takeoffs and landings in any 
of the following situations: 

(i) Landings at the destination air-

port when a Destination Airport Anal-
ysis is required by § 135.385(f); and 

(ii) In any of the following condi-

tions: 

(A) The prevailing visibility for the 

airport is at or below 

3

⁄

4

mile. 

(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 contamina-

tion that may adversely affect aircraft 
performance. 

(D) The braking action on the run-

way 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) Windshear is reported in the vi-

cinity of the airport. 

(G) Any other condition in which the 

pilot in command determines it to be 
prudent to exercise the pilot in com-
mand’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 responsible 
Flight Standards office that issued the 
certificate holder’s operations speci-
fications finds that the crewmember 
has comparable experience, and can ef-
fectively perform the functions associ-
ated with the position in accordance 
with the requirements of this chapter. 
The Administrator may, at any time, 
terminate any grant of deviation au-
thority issued under this paragraph. 
Grants of deviation under this para-
graph may be granted after consider-
ation of the size and scope of the oper-
ation, the qualifications of the in-
tended personnel and the following cir-
cumstances: 

(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 sec-
tion. 

(2) An existing certificate holder adds 

to its fleet a new category and class 
aircraft not used before in its oper-
ation. 

(3) An existing certificate holder 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) An eligible on-demand operation 

may comply with alternative require-
ments specified in §§ 135.225(b), 
135.385(f), and 135.387(b) instead of the 

VerDate Sep<11>2014 

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00420

Fmt 8010

Sfmt 8002

Y:\SGML\247048.XXX

247048