FAR 135.7: What Constitutes Charter?

Thinking of chartering flights in your aircraft? Read this supplement to Brian Jacobson's article "Using Your Airplane for Charter."

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Subpart A – General

119.1 Applicability.

(a) This part applies to each person operating or intending to operate civil aircraft-
(1) As an air carrier or commercial operator, or both, inair commerce or
(2) When common carriage is not involved, in operations ofU.S.-registered civil airplanes with a seat configuration of 20 or more passengers, or amaximum payload capacity of 6,000 pounds o more.

(b) This part prescribes-
(1 ) The types of air operator certificates issued by theFederal Aviation Administration, including air carrier certificates and operatingcertificates;
(2) The certification requirements an operator must meet inorder to obtain and hold a certificate authorizing operations under part 121, 125, or 135of this chapter and operations specifications for each kind of operation to be conductedand each class and size of aircraft to be operated under part 121 or 135 of this chapter;
(3) The requirements an operator must meet to conductoperations under part 121, 125, or 135 of this chapter and in operating each class andsize of aircraft authorized in its operations specifications;
(4) Requirements affecting wet leasing of aircraft and otherarrangements for transportation by air,
(5) Requirements for obtaining deviation authority toperform operations under a military contract and obtaining deviation authority to performan emergency operation; and
(6) Requirements for management personnel for operationsconducted under part 121 or part 135 of this chapter.

(c) Persons subject to this part must comply with the other requirements of thischapter, except where those requirements are modified by or where additional requirementsare imposed by part 119, 121, 125, or 135 of this chapter.

(d) This part does not govern operations conducted under part 129, 133, 137, or 139 ofthis chapter.

(e) Except for operations when common carriage is not involved conducted with airplaneshaving a passenger-seat configuration of 20 seats or more, excluding any requiredcrewmember seat, or a payload capacity of 6,000 pounds or more, this part does not applyto
(1) Student instruction;
(2) Nonstop sightseeing flights conducted with aircrafthaving a passenger seat configuration of 30 or fewer, excluding each crewmember seat, anda payload capacity of 7,500 pounds or less, that begin and end at the same airport, andare conducted within a 25 statute mile radius of that airport; however, for nonstopsightseeing flights for compensation or hire conducted in the vicinity of the Grand CanyonNational Park, Arizona, requirements of SFAR 50-2 of this part and SFAR 38-2 or 14 CFRpart 121 or 14 CFR part 119, as applicable, apply;
(3) Ferry or training flights;
(4) Aerial work operations, including
(i) Crop dusting, seeding,spraying, and b chasing;
(ii) Banner towing;
(iii) Aerial photography orsurvey;
(iv) Fire fighting;
(v) Helicopter operations inconstruction repair work (but it does apply to transportation and from the site ofoperations); and
(vi) Powerline or pipelinepatrol;
(5) Sightseeing flights conducted in hot air balloons;
(6) Nonstop flights conducted within a 25 statute mileradius of the airport of takeoff carrying persons for the purpose of intentional parachutejumps;
(7) Helicopter flights conducted within a 25 statute mileradius of the airport of takeoff if-
(i) Not more than twopassengers are carried the helicopter in addition to the required flight crew;
(ii) Each flight is made underday VFR conditions;
(iii) The helicopter used iscertificated in the standard category and complies with the 100-hour inspectionrequirements of part 91 of this chapter,
(iv) The operator notifies theFAA Flight Standards District Office responsible for the geographic area concerned atleast 72 hours before each flight and furnishes any essential information that the officerequests;
(v) The number of flights doesnot exceed total of six in any calendar year;
(vi) Each flight has beenapproved by the Administrator; and
(vii) Cargo is not carried inor on the helicopter,
(8) Operations conducted under part 133 of this chapter or375 of this title;
(9) Emergency mail service conducted under 49 U.S.C. 41906;or
(10) Operations conducted under the provisions of 91.321of this chapter.

135.7 Applicability of rules to unauthorized operators.

The rules in this part which apply to a person certificated under part 119 of thischapter also apply to a person who engages in any operation governed by this part withoutan appropriate certificate and operations specifications required by part 119 of thischapter.

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