Part 135 Legal Interpretations and Their Impact on Pilot Compliance
There are few things in aviation that are as confusing as the legal interpretations of Part 135 regulations. The FAA has strict guidelines for flight time, duty limitations, and rest periods, but sometimes we need a little help understanding these rules. Legal interpretations can help clarify distinctions that create gray areas for operators and pilots. Below is a breakdown of key legal interpretations that impact how pilots remain compliant.
- On-Call Time: When Does Rest Stop Being Rest?
On-Call = On Duty (Masterson Interpretation, 2013)
- Part 135 operators cannot require pilots to be on standby 24/7.
- If a pilot is on-call, they are considered on duty, meaning that time does not count as rest.
- Rest must be:
- Continuous
- Pre-determined in advance
- Free from all responsibility for work
Why It Matters:
Pilots must have uninterrupted rest periods to be legally assigned a flight. If you’re waiting for a call, you’re technically working—even if no flight assignment happens.
- Does Answering a Call Break Rest?
The “One Phone Call” Policy (Kidd Interpretation, 2012)
- The FAA allows one phone call during a pilot’s rest period.
- However, the pilot cannot be required to answer—it must be voluntary.
- If the pilot chooses to answer, the FAA does not consider it disruptive to rest.
Why It Matters:
Pilots should be cautious about responding to multiple calls, as additional communication could invalidate rest periods, leading to non-compliance.
- Do Uncontrollable Delays Allow Duty Extensions?
When 14-Hour Duty Limits Can Be Extended (Kidd Interpretation, 2012)
- A Part 135 flight can continue beyond the 14-hour limit if delays occur due to factors beyond the operator’s control:
- Air traffic control delays
- Mechanical issues
- Adverse weather
- Late-arriving passengers or cargo
- The operator cannot plan to extend duty hours in advance—this only applies to unexpected disruptions.
Why It Matters:
Pilots must document and justify delays properly to avoid violating flight time and duty limitations.
- Travel Time: Rest or Duty?
Driving and Commuting (Converse Interpretation, 2011)
- Driving to a hotel after a duty period is not considered duty time.
- Airline travel may or may not count as duty, depending on the circumstances.
- Key rule: Travel should be “reasonably brief” (around one hour) to ensure pilots get sufficient rest.
Why It Matters:
Longer travel times could infringe on required rest periods, potentially leading to violations.
- Tail-End Part 91 Flights: Can You Fly Home After Duty?
Is a Non-Revenue Flight Considered Duty? (Slater Interpretation, 2015)
- After a Part 135 flight, pilots can fly home under Part 91 regulations.
- However, Part 91 flights do not count as rest.
- Pilots must complete required rest before being assigned another Part 135 duty period.
Why It Matters:
Just because a pilot is not carrying passengers doesn’t mean they are resting. Operators must schedule proper downtime before assigning another duty.
Final Thoughts: Navigating the Gray Areas
Understanding the FAA’s legal interpretations is critical for Part 135 pilots and operators. While the regulations provide general rules, the legal nuances shape how they are enforced in real-world situations.
Key Takeaways:
- Being on-call = being on duty. If you’re waiting for a call, you’re not resting.
- One phone call is okay, but multiple calls can break your rest period.
- Delays beyond the operator’s control may allow flights to continue past 14 hours.
- Commuting can count as duty if it significantly impacts required rest.
- After a Part 135 trip, flying home under Part 91 doesn’t reset rest requirements.
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