[Code of Federal Regulations]

[Title 14, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR135.25]



[Page 745-746]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 135_OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 

AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT--Table of Contents

 

                            Subpart A_General

 

Sec. 135.25  Aircraft requirements.



    (a) Except as provided in paragraph (d) of this section, no 

certificate holder may operate an aircraft under this part unless that 

aircraft--

    (1) Is registered as a civil aircraft of the United States and 

carries an appropriate and current airworthiness certificate issued 

under this chapter; and

    (2) Is in an airworthy condition and meets the applicable 

airworthiness requirements of this chapter, including those relating to 

identification and equipment.

    (b) Each certificate holder must have the exclusive use of at least 

one aircraft that meets the requirements for at least one kind of 

operation authorized in the certificate holder's operations 

specifications. In addition, for each kind of operation for which the 

certificate holder does not have the exclusive use of an aircraft, the 

certificate holder must have available for use under a written agreement 

(including arrangements for performing required maintenance) at least 

one aircraft that meets the requirements for that kind of operation. 

However, this paragraph does not prohibit the operator from using or 

authorizing the use of the aircraft for other than operations under this 

part and does not require the certificate holder to have exclusive use 

of all aircraft that the certificate holder uses.

    (c) For the purposes of paragraph (b) of this section, a person has 

exclusive use of an aircraft if that person has the sole possession, 

control, and use of it for flight, as owner, or has a written agreement 

(including arrangements for performing required maintenance), in effect 

when the aircraft is operated, giving the person that possession, 

control, and use for at least 6 consecutive months.

    (d) A certificate holder may operate in common carriage, and for the 

carriage of mail, a civil aircraft which is leased or chartered to it 

without crew and is registered in a country which is a party to the 

Convention on International Civil Aviation if--

    (1) The aircraft carries an appropriate airworthiness certificate 

issued by the country of registration and meets the registration and 

identification requirements of that country;

    (2) The aircraft is of a type design which is approved under a U.S. 

type certificate and complies with all of the requirements of this 

chapter (14 CFR chapter I) that would be applicable to that aircraft 

were it registered in the United States, including the requirements 

which must be met for issuance of a U.S. standard airworthiness 

certificate (including type design conformity, condition for safe 

operation, and the noise, fuel venting, and engine emission requirements 

of this chapter), except that a U.S. registration certificate and a U.S. 

standard airworthiness certificate will not be issued for the aircraft;

    (3) The aircraft is operated by U.S.-certificated airmen employed by 

the certificate holder; and

    (4) The certificate holder files a copy of the aircraft lease or 

charter agreement with the FAA Aircraft Registry, Department of 

Transportation, 6400



[[Page 746]]



South MacArthur Boulevard, Oklahoma City, OK (Mailing address: P.O. Box 

25504, Oklahoma City, OK 73125).



[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-8, 

45 FR 68649, Oct. 16, 1980; Amdt. 135-66, 62 FR 13257, Mar. 19, 1997]