This part prescribes rules governing—
(a) The domestic, flag, and supplemental operations of each person who holds or is required to hold an Air Carrier Certificate or Operating Certificate under part 119 of this chapter.
(b) Each person employed or used by a certificate holder conducting operations under this part including maintenance, preventive maintenance, and alteration of aircraft.
(c) Each person who applies for provisional approval of an Advanced Qualification Program curriculum, curriculum segment, or portion of a curriculum segment under subpart Y of this part, 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 subpart Y of this part.
(d) Nonstop Commercial Air Tours conducted for compensation or hire in accordance with § 119.1(e)(2) of this chapter must comply with drug and alcohol requirements in §§ 121.455, 121.457, 121.458 and 121.459, and with the provisions of part 136, subpart A of this chapter by September 11, 2007. An operator who does not hold an air carrier certificate or an operating 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 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 the operator's principal base of operations 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.
(e) Each person who is on board an aircraft being operated under this part.
(f) Each person who is an applicant for an Air Carrier Certificate or an Operating Certificate under part 119 of this chapter, when conducting proving tests.
(g) This part also establishes requirements for operators to take actions to support the continued airworthiness of each aircraft.
[Docket 28154, 60 FR 65925, Dec. 20, 1995, as amended by Amdt. 121-328, 72 FR 6912, Feb. 13, 2007; Amdt. 121-336, 72 FR 63411, Nov. 8, 2007; Docket FAA-2022-1563, Amdt. 121-390, 88 FR 48090, July 26, 2023]
Notes of Decisions
United States v. Berdj Keuylian, 602 F.2d 1033 (2d Cir. 1979).
· cites it 3× “This section, however, applies only to air carriers as defined in 14 C.F.R. §§ 121.1 (a)(1) and (2), i. e., air carriers “engaging in interstate or overseas air transportation under a certificate of public convenience and necessity or other appropriate economic authority issued…”
Shell Offshore Inc. v. Babbitt, 238 F.3d 622 (5th Cir. 2001).
“The regulations in question were 14 C.F.R. §§ 121.1 (a)(5), (d), and 135.1(a)(2) (1965), which applied to "commercial operator[s]," who were defined as persons operating aircraft "for compensation or hire”.”
Emory v. United Air Lines, Inc., 720 F.3d 915 (D.C. Cir. 2013).
“2011); see also 14 C.F.R. § 121.1 . The Age 60 Rule did not extend to certain non-commercial flights, including "Part 91” flights, often called "non-revenue or company flights,” Emory Appellants’ Br.”
John E. Starr v. Fed. Aviation Admin., 589 F.2d 307 (7th Cir. 1979).
“It prohibits any persons over age 60 from serving as a pilot in air carrier operations regulated under Part 121 of the FAA regulations, 14 C.F.R. § 121.1 et seq. Studies that indicate degeneration in physiological and psychological functions as age increases, and an apparent…”
Equal Emp. Opportunity Comm'n v. The Boeing Co., 843 F.2d 1213 (9th Cir. 1988).
“It is inapplicable to pilots who operate large jet aircraft which may carry passengers in non-Part 121 operations, such as corporate pilots, flight instructors or pilots who ferry planes, or FAA’s own pilots, or to commercial airline pilots who operate smaller aircraft regulated…”
Henry Weiland v. Am. Airlines, Inc., 778 F.3d 1112 (9th Cir. 2015).
· cites it 3× “” 14 C.F.R. § 121.1 (a). Air Carrier Certificates or Operating Certificates are held by airlines, not by the individual pilots employed by airlines.”
Melvin M. Aman v. Fed. Aviation Admin., 856 F.2d 946 (7th Cir. 1988).
“See 14 C.F.R. §§ 121.1 , 121.383(c) (1988). The age sixty rule does not impose mandatory retirement; but to remain in the cockpit air carrier pilots must continue to meet medical certificate requirements and restrict themselves to flights outside the coverage of Part 121 or…”
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