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Chapter 12. Publications, Forms, & Records 14 CFR Part 47 — Aircraft Registration This regulation provides the requirements for registering aircraft. It includes procedures for both owner and dealer registration of aircraft. 14 CFR Part 65 — Certification: Airmen Other Than Flight Crewmembers Note: SFAR 100-1. Relief for U.S. Military and Civilian Personnel who are assigned outside the United States in support of U.S. Armed Forces Operations is a good example of the specific nature and limited time frame that are part of an SFAR. Pilots, flight instructors, and ground instructors are certificated under part 61; flight crew other than pilots are certificated under part 63. However, many other people are also required to be certificated by the FAA for the U.S. aviation fleet to operate smoothly and efficiently. Part 65 addresses many of those other persons.
A more detailed discussion of this chapter with a special emphasis on mechanics is included in Chapter 13, The Mechanic Certificate. 14 CFR Part 91 — General Operating and Flight Rules This is the final regulation of the “Big Three" identified earlier in this chapter. Notice that most of this icon is located to the right of the central vertical line in Figure 12-5, which visually indicates its “operational" involvement or “recurrent airworthiness." (Although it is an operational regulation that is focused toward the owner, operator, and/or pilot of the aircraft, the maintenance technician must have an awareness of this regulation.) Two examples of these maintenance related issues are:
Subpart E — Maintenance, Preventive Maintenance, and Alterations (sections 91.401 through 91.421) is the section of most interest to the technician. He or she should be familiar with it, because it does carry some (indirect) responsibility for the technician. Note that the part 91 icon in Figure 12-5 has a direct line to part 43. This is because §91.403(b) states “No person may perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter." A more complete discussion of this regulation, especially Subpart E — Maintenance, Preventive Maintenance, and Alterations is presented later in this chapter. 14 CFR Part 119 — Certification: Air Carriers and Commercial Operators In order to better understand the next three regulations discussed here (parts 121, 125, and 135) a brief overview of part 119 will be beneficial. See Figure 12-7, 14 CFR part 119 Applicability of Regulations. There are more than 50 Advisory Circulars in the 120 series alone, providing additional non-regulatory information concerning the variety of procedures involved with these operations. There are basically three different criteria which must be analyzed in order to properly determine which regulation applies. These are:
AC 120-12, as revised, provides the following definition regarding the above criteria: “A carrier becomes a common carrier when it “holds itself out" to the public, or to a segment of the public, as willing to furnish transportation within the limits of its facilities to any person who wants it. There are four elements in defining a common carrier; (1) a holding out of a willingness to (2) transport persons or property (3) from place to place (4) for compensation. This “holding out" which makes a person a common carrier can be done in many ways and it does not matter how it is done. Signs and advertising are the most direct means of “holding out" but are not the only ones… Carriage for hire which does not involve “holding out" is private carriage. Private carriers for hire are sometimes called “contract carriers," but the term is borrowed from the Interstate Commerce Act and legally inaccurate when used in connection with the Federal Aviation Act. Private carriage for hire is carriage for one or several selected customers, generally on a long term basis. The number of contracts must not be too great; otherwise, it implies a willingness to make a contract with anybody.A carrier operating pursuant to 18 to 24 contracts has been held to be a common carrier because it held itself out to serve the public generally to the extent of its facilities. Private carriage has been found in cases where three contracts have been the sole basis of the operator’s business." Operations that constitute common carriage are required to be conducted under 14 CFR part 121 or 135. Private carriage may be conducted under part 91 or 125. The term “for hire" is not defined in any of the FAA documents, but is generally understood to mean that compensation for both direct and indirect expenses associated with the flight, as well as a profit margin for the operator are collected from the person or persons benefiting from the flight operation. The determination of whether the aircraft is large or small is based upon the definition provided in 14 CFR part 1 (i.e., if the aircraft has maximum certificated takeoff weight of 12,500 pounds or more, it is a large aircraft. All aircraft less than 12,500 maximum certificated takeoff weight are considered to be small aircraft). It may also help the reader understand when 121, 125, and 135 regulations apply, by taking a brief look at a list of flight operations to which part 119 does not apply.
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