Code of Federal Regulations - Title 14

799

Federal Aviation Administration, DOT

§ 91.1053

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, in the preceding 2 years—

(1) Served as, or was directly respon-

sible for the oversight of, a Flight
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.

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.

§ 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.

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