C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER G—AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS › PART 135—OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT › Subpart A—General

14 C.F.R. § 135.1

Applicability

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(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. 5402c.

(4) 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 part 121 of this chapter 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 subpart Y of part 121 of this chapter of 14 CFR part 121.

(5) Nonstop Commercial Air Tour flights conducted for compensation or hire in accordance with § 119.1(e)(2) of this chapter that begin and end at the same airport and are conducted within a 25-statute-mile radius of that airport; provided further that these operations must comply only with the drug and alcohol testing requirements in §§ 120.31, 120.33, 120.35, 120.37, and 120.39 of this chapter; and with the provisions of part 136, subpart A, and § 91.147 of this chapter by September 11, 2007.

(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.

(8) Commercial Air tours conducted by holders of operations specifications issued under this part must comply with the provisions of part 136, Subpart A of this chapter by September 11, 2007.

(9) Helicopter air ambulance operations as defined in § 135.601(b)(1).

(b) [Reserved]

(c) An operator who does not hold a part 119 certificate and who operates under the provisions of § 91.147 of this chapter 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 prevent 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.

(d) Additional requirements for powered-lift operations, training, checking, and testing, are set forth in part 194 of this chapter.

[Docket 16097, 43 FR 46783, Oct. 10, 1978] Editorial Note:For Federal Register citations affecting § 135.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1981–2024 · leading case: Jones v. Dressel, 623 P.2d 370 (Colo. 1981).
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Jones v. Dressel, 623 P.2d 370 (Colo. 1981). · cites it 3× “Private Air Charter Business, 14 C.F.R. § 135.1 . Admittedly, a commercial air operation is a business that is subject to extensive regulation.”
McMahon Ex Rel. the Est. of McMahon v. Presidential Airways, Inc., 502 F.3d 1331 (11th Cir. 2007). “14 C.F.R. § 135.1 . 32 C.F.R. § 861 contains the DOD’s own standards for commercial carriers.”
Smith v. Am. Fam. Life Assur. Co., Columbus, 584 F.3d 212 (5th Cir. 2009). · cites it 2× “" See 14 C.F.R. § 135.1 (a) (2009). According to a report concerning the accident made by the National Transportation Safety Board (NTSB), the flight was operated under an "On-demand Air Taxi" certificate.”
Bus. Aviation, LLC & Vaughn C. Zimmerman v. Dir. of Revenue, 579 S.W.3d 212 (Mo. 2019). “4 See 14 C.F.R. §§ 135.1 , et. seq. As an air carrier, Burgess had management over the operation of the aircraft in accordance with Part 135.”
Charles H. Henderson v. Fed. Aviation Admin. Nat'l Transp. Saf. Bd., 7 F.3d 875 (9th Cir. 1993). · cites it 2× “” See 14 C.F.R. § 135.1 (b)(4)(iii) (“This part does not apply to .”
Talbott v. Roswell Hosp. Corp., 192 P.3d 267 (N.M. Ct. App. 2008). “§§ 41101 , 44701, 44703, 44705 (2000); 14 C.F.R. §§ 135.1 to .507 (2007), and relies primarily on Abdullah v.”
Gradus v. Hanson Aviation, Inc., 158 Cal. App. 3d 1038 (Cal. Ct. App. 1984). “The relevant portions of these regulations ( 14 C.F.R. § 135.1 ) are: “(a) Except as provided in Paragraph (b) of this section, this part prescribes rules governing— “(1) Air taxi operations .”
John Edward WAGNER, Petitioner, v. Nat'l Transp. Saf. Bd.; Fed. Aviation Admin., Respondents, 86 F.3d 928 (9th Cir. 1996). “14 C.F.R. § 135.1 . Part 91 provides more liberal operating rules for various kinds of flights, such as ferry or training flights, aerial survey work, free demonstrations of airplanes to prospective customers, and use by a company of its own airplane.”
Smith v. Am. Fam. Life Assurance Co., 584 F.3d 212 (5th Cir. 2009). · cites it 2× “” See 14 C.F.R. § 135.1 (a) (2009). According to a report concerning the accident made by the National Transportation Safety Board (NTSB), the flight was operated under an “On-demand Air Taxi” certificate.”
Brown v. Eurocopter S.A., 111 F. Supp. 2d 859 (S.D. Tex. 2000). “14 C.F.R. § 135.1 (a). The term “on-demand operation” is defined to include “any rotorcraft operation” which is conducted: for compensation or hire that is.”
Stream Aviation, Inc. v. ANDERS Prod., 517 So. 2d 1157 (La. Ct. App. 1987). “1 (A)(3), 14 CFR § 135.1 (A)(3) (1978) (amended 1980), provides: Except as provided in paragraph (b) of this section, this part prescribes rules governing— The carriage in air commerce of persons or property for compensation or hire as a commercial operator (not an air carrier)…”
Five Delta Alpha, LLC v. Dir. of Revenue, 458 S.W.3d 818 (Mo. 2015). “JetSelect is engaged in the business of providing on-demand air transportation to paying customers in accordance with FAA requirements for air carriers contained in Part 135 of the Federal Aviation Regulations ("FARs”) (14 CFR Sections 135.1 and following) and maintains a Part…”
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