[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 14CFR218.3]



[Page 56]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 218_LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF 

AIRCRAFT WITH CREW--Table of Contents

 

Sec. 218.3  Prohibition against unauthorized operations employing 

aircraft leased with crew.



    (a) No foreign air carrier, or other person not a citizen of the 

United States, shall lease an aircraft with crew to a foreign air 

carrier for use by the latter in performing foreign air transportation 

unless either:

    (1) The lessor holds a foreign air carrier permit issued under 

section 402 of the Act or an approved registration issued under part 294 

of this chapter, and any statement of authorization required by part 212 

of this chapter; or

    (2) The Board has issued an exemption under section 416 of the Act 

specifically authorizing the lessor to engage in the foreign air 

transportation to be performed under the lease; or

    (3) The Board has issued an order under Sec. 218.6 disclaiming 

jurisdiction over the matter.

    (b) For purposes of this part, an aircraft shall be considered to be 

leased with crew if:

    (1) The pilot in command or a majority of the crew of the aircraft, 

other than cabin attendants:

    (i) Is to be furnished by the lessor;

    (ii) Is employed by the lessor;

    (iii) Continues in the employ of the lessor in the operation of 

services other than those provided for in the agreement between the 

parties; or

    (iv) Has been employed by the lessor prior to the lease, and the 

employment of whom by the lessee is coextensive with the period or 

periods for which the aircraft is available to the lessee under the 

lease; or

    (2) The aircraft is operated under operations specifications issued 

to the lessor by the Federal Aviation Administration.



[ER-716, 36 FR 23148, Dec. 4, 1971, as amended by ER-1250, 46 FR 47770, 

Sept. 30, 1981; ER-1260, 46 FR 52598, Oct. 27, 1981]