Sec. 135.1 - Applicability.
(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 U.S.C.
(4) Each person who applies for
provisional approval of an Advanced Qualification Program curriculum,
curriculum segment, or portion of a curriculum segment under SFAR No. 58
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 SFAR
No. 58 of 14 CFR part 121.
(5) Nonstop sightseeing flights for
compensation or hire that begin and end at the same airport, and are
conducted within a 25 statute mile radius of that airport; however, except
for operations subject to SFAR 50-2, these operations, when conducted for
compensation or hire, must comply only with §§135.249, 135.251, 135.253,
135.255, and 135.353.
(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.
(c) For the purpose of §§135.249,
135.251, 135.253, 135.255, and 135.353, operator means any person
or entity conducting non-stop sightseeing flights for compensation or hire
in an airplane or rotorcraft that begin and end at the same airport and
are conducted within a 25 statute mile radius of that airport.
(d) Notwithstanding the provisions of
this part and appendices I and J to part 121 of this chapter, an operator
who does not hold a part 121 or part 135 certificate is permitted to use a
person who is otherwise authorized to perform aircraft maintenance or
preventive maintenance duties and who is not subject to FAA-approved
anti-drug and alcohol misuse prevention 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 FAA-approved programs can perform the repairs.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135-5, 45 FR 43162, June 26, 1980; Amdt. 135-7, 45 FR
67235, Oct. 9, 1980; Amdt. 135-20, 51 FR 40709, Nov. 7, 1986; Amdt.
135-28, 53 FR 47060, Nov. 21, 1988; Amdt. 135-32, 54 FR 34332, Aug. 18,
1989; Amdt. 135-37, 55 FR 40278, Oct. 2, 1990; Amdt. 135-48, 59 FR 7396,
Feb. 15, 1994; Amdt. 135-58, 60 FR 65938, Dec. 20, 1995]