Law part 135

Question 1

What aircraft does part 135 apply to?

Answer 1

135.1 Purpose
This Part prescribes rules governing air transport operations and commercial transport operations using—
(1)
aeroplanes having a seating configuration of 9 seats or less, excluding any required crew member seat, and a MCTOW of 5700 kg or less, except when they are used for SEIFR passenger operations; and
(2)
helicopters.

Question 2

Under 135 what is the rule on using VFR flight plans?

Answer 2

A VFR flight plan prepared under paragraph (b) in accordance with the requirements of 91.307(c) may incorporate multiple route segmentsprovided that the SARTIME is amended for the next aerodrome of intended landing as the flight proceeds.
(d)
The holder of an air operator certificate performing an air operation under VFR to an aerodrome where communications cannot be maintained, must ensure that prior to any such air operation —
(1)
the flight plan required by paragraph (b) includes a SARTIME for when the next communication with an ATS unit will be established; or
(2)
where the operation is covered by a flight following service under 119.73(b) or 119.121(b), the person providing the flight following service is given a time for re-establishing communications.

Question 3

What are the rules on using a common language under Part 135?

Answer 3

Each holder of an air operator certificate shall ensure that—
(1)
all crew members can communicate in a common language with at least one flight crew member being able to communicate in the English language; and
(2)
all operations personnel are able to understand the language in which the applicable parts of the certificate holder’s exposition are written.

Question 4

How should an operator create a fuel schedule and what should it incorporate under Part 135?

Answer 4

(a)
Each holder of an air operator certificate shall establish a fuel policy for the purpose of flight planning, and en-route replanning, to ensure that each aircraft carries sufficient fuel, including reserve fuel, for the planned flight.
(b)
The fuel policy shall ensure that the planning of fuel requirements is based upon—
(1)
procedures, tables, and graphs, that are contained in, or derived from, the manufacturer’s manuals and that conform to the parameters contained in the aircraft’s type certificate; and
(2)
the operating conditions under which the planned flight is to be conducted.
(c)
Each holder of an air operator certificate shall ensure that the calculation of useable fuel required for a flight takes into account the following factors:
(1)
taxi fuel:
(2)
trip fuel:
(3)
reserve fuel, consisting of—
(i)
contingency fuel; and
(ii)
alternate fuel, if an alternate aerodrome is required; and(iii)
final reserve fuel; and
(iv)
additional fuel, if required by the type of operation:
(4)
if applicable, fuel required for en-route re-planning.

Question 5

When can passengers be refused embarkation onto a flight under Part 135?

Answer 5

Each person performing an air operation shall ensure that—
(1)
any passenger who appears to be under the influence of alcohol or drugs or exhibits behavioural characteristics, to the extent where the safety of the aircraft or its occupants is likely to be endangered, is refused embarkation or, where appropriate, removed from the aircraft; and
(2)
disabled passengers are appropriately cared for, including allocation of appropriate seating positions and handling assistance in the event of an emergency; and
(3)
escorted passengers do not constitute a safety hazard to other passengers or to the aircraft, and that prior arrangement for their carriage have been made in accordance with procedures in the certificate holder’s exposition.

Question 6

When can a person under the influence of alcohol or drugs be allowed on an aircraft?

Answer 6

Notwithstanding (a)(1), where an operation is conducted for the purpose of search and rescue or is an air ambulance operation, passengers may be carried who are under the influence of alcohol or drugs or exhibit behavioural characteristics to the extent where the safety of the aircraft or its occupants is likely to be endangered, provided that reasonable action is taken by the operator to minimise the risk to the aircraft and its occupants from such passengers.

Question 7

Who may manipulate the controls of the aircraft under Part 135?

Answer 7

(a)
Except as provided in paragraph (b), a person must not manipulate the controls of an aircraft performing an air operation.
(b)
A holder of an air operator certificate must take reasonable care to ensure that a person does not manipulate the flight controls of an aircraft performing an air operation under the authority of the certificate, unless the person is—
(1)
a flight crew member; or
(2)
an authorised representative of the Director who—
(i)
has the permission of the certificate holder and the pilot-in-command; and
(ii)
is performing a required duty.

Question 8

What are the rules involving refueling an defueling operations under Part 135?

Answer 8

(a)
Despite the requirements of rule 91.15(3), a person operating an aircraft under the authority of an air operator certificate issued in accordance with Part 119 may refuel or defuel the aircraft with a Class 3.1C or a Class 3.1D flammable liquid when a person is embarking, on board, or disembarking the aircraft, if the person operating the aircraft ensures that safety and aircraft evacuation precautions are taken in accordance with procedures specified in the certificate holder’s exposition.
(b)
A person operating an aircraft under the authority of an air operator certificate issued in accordance with Part 119 may refuel or defuel the aircraft with a Class 3.1C or a Class 3.1D flammable liquid with one or more propulsion engines running if—
(1)
the person ensures that safety and aircraft evacuation precautions are taken in accordance with procedures specified in the certificate holder’s exposition; and
(2)
the pilot-in-command is

Question 9

What aerodromes can be used for an air operation under Part 135?

Answer 9

(2)
if the operation is a regular air transport service operating to, from, or outside of New Zealand after 12 July 2007,—
(i)
each runway at an aerodrome within New Zealand that is used for the operation is provided with a RESA at each end of the runway in accordance with the requirements of Part 139 Appendix A.1; or (d)
A holder of an air operator certificate must ensure that an aeroplane that is operated VFR by day under the authority of the holder’s certificate does not use any place for the purpose of landing or taking-off unless—
(1)
the runway used has—
(i)
a width that is at least twice the outer main gear wheel span of the aeroplane; and
(ii)
a surface without irregularities and of sufficient strength for take-off and landing for the aeroplane being used; and
(2)
the width of the runway strip surrounding the runway being used is at least two and a half times the wing span of the aeroplane, or 30 m, whichever is greater.

Question 10

Can operations be performed under SEIFR under Part 135?

Answer 10

No person shall perform an air operation carrying passengers with a single-engine aircraft under IFR.

Question 11

What are the minimum heights for VFR air operations (Transport or commercial) under part 135?

Answer 11

(a)
Rule 91.311(c) does not apply to a pilot-in-command of an aircraft performing an air transport operation.
(b)
Notwithstanding rule 91.311(c)(4), a pilot-in-command of an aircraft performing a commercial transport operation may, if necessary for the proper accomplishment of the operation, conduct approaches, departures, and manoeuvres below a height of 500 feet above the surface within the horizontal radius of 150 metres of any person, vessel, vehicle, or structure if the pilot-in-command—
(1)
prepares a plan for the operation in conjunction with every person and organisation involved in the operation; and
(2)
takes reasonable care to conduct the operation without creating a hazard to any person or property; and
(3)
briefs every person and organisation involved in the operation on the plan required by paragraph (b)(1).

Question 12

How far can an aircraft fly over water and what equipment does it require under Part 135?

Answer 12

(a)
A person performing an air operation must not operate over water more than 10 nm beyond gliding or autorotational distance from shore unless—
(1)
life rafts are carried of sufficient rated capacity to carry every occupant of the aircraft; and
(2)
a life preserver is worn by each passenger.
(b)
A person performing an air operation in a single engine helicopter must not operate over water more than 10 nm beyond autorotational distance from shore unless—
(1)
the helicopter is equipped with an operable flotation device; or
(2)
each occupant is wearing an immersion suit.
(c)
The operator of a multi-engine aircraft may, instead of the requirement in paragraph (a)(2), have life preservers available for use in a position accessible to each passenger.
(d) A person performing an air transport operation over water beyond 100 nm from shore must conduct the flight under IFR.

Question 13

What meteorological information must be used for flights under Part 135?

Answer 13

(a)
A person performing an air operation under VFR must plan, perform, and control the flight using meteorological information of a sufficient reliability and accuracy provided from a source considered acceptable to the operator and the pilot-in-command.
(b)
A person performing an air transport operation under IFR must plan, perform, and control the flight using meteorological information provided for aviation purposes by—
(1)
subject to paragraph (c), for a flight sector originating within New Zealand, the holder of an aviation meteorological service organisation certificate issued in accordance with Part 174; or
(2)
for a sector originating from an aerodrome outside New Zealand, an aviation meteorological service organisation that–
(i)
meets a standard equivalent to that specified by Part 174; and
(ii)
is authorised by an ICAO Contracting State to provide aviation meteorological information.

Question 14

What meteorological minimums can a VFR operation procede in under Part 135?

Answer 14

(a)
A person performing an air operation must ensure that a VFR flight is not commenced unless current meteorological information indicates VFR minima prescribed in Part 91 and in paragraphs (b), (c), (d), and (e) can be complied with along the route, or that part of the route to be flown under VFR.
(b)
A pilot-in-command of an aeroplane performing a VFR air operation outside controlled airspace must fly in meteorological conditions—
(1)
of not less than a ceiling of 1000 feet AGL and a flight visibility of not less than 5 km; and
(2)
if the operation is by night, of not less than a ceiling of 3000 feet AGL and a flight visibility of not less than 16 km.
(c)
A pilot-in-command of a helicopter performing a VFR air transport operation outside controlled airspace must fly in meteorological conditions—
(1)
of not less than a ceiling of 600 feet AGL and flight visibility of not less than 1500 metres; and
(2)
if the operation is by night, of not less than a ceiling of 2000 feet AGL and flight visibility of not less than 5 km.
(e)
A pilot-in-command of an aircraft may not perform an air operation under VFR above more than scattered cloud unless—
(1)
the aircraft is authorised for IFR flight and the required minimum flight crew for IFR operation, holding current instrument rating qualifications, is performing the operation; and
(2)
the instruments and equipment, including radio navigation equipment, required for IFR flight are operative; and
(3)
the aircraft carries radio navigation equipment to enable it to be navigated by IFR to an aerodrome where an instrument approach procedure may be carried out for landing; and
(4)
the aircraft carries sufficient fuel and fuel reserves to proceed by IFR to an aerodrome where an instrument approach procedure may be carried out for landing.

Question 15

What take off distance is required under Part 135 and what wind components must be taken into account?

Answer 15

(a)
Each holder of an air operator certificate shall ensure that, for each aeroplane it operates—
(1)
the take-off weight does not exceed the maximum take-off weight specified in the flight manual; and
(2)
the take-off distance required does not exceed 85% of the take-off run available.
(b)
When calculating the take-off weight and distance to determine compliance with paragraph (a), the holder of an air operator certificate shall take account of—
(1)
the take-off run available; and
(2)
the weight of the aeroplane at the commencement of the take-off run; and
(3)
the pressure altitude of the aerodrome; and
(4)
ambient temperature at the aerodrome; and
(5)
the type of runway surface and the runway surface condition; and
(6)
the runway slope in the direction of take-off; and
(7)
not more than 50% of the reported headwind component or not less than 150% of the reported tailwind component.

Question 16

What landing distance is required under Part 135 and what wind components must be taken into account on a dry runway?

Answer 16

(a)
A holder of an air operator certificate must ensure that, for each aeroplane the certificate holder operates, the landing weight for the estimated time of landing does not exceed the landing weight specified in the aeroplane flight manual.
(b)
A holder of an air operator certificate must ensure that, for each aeroplane the certificate holder operates, the landing weight of the aeroplane for the estimated time of landing at the destination aerodrome and at any alternate aerodrome allows a full-stop landing from 50 feet above the threshold within 85% of landing distance available.
(c)
When calculating the landing weight in accordance with paragraph (b), the certificate holder must take account of:
(1)
aerodrome elevation; and
(2)
ambient temperature at the aerodrome; and
(3)
the type of runway surface and the runway surface condition; and
(4)
the runway slope in the direction of landing; and
(5)
not more than 50% of the reported headwind component or not less than 150% of the reported tailwind component.

Question 17

How are weights for crew, passengers and cargo determined on a Part 135 operation?

Answer 17

(a)
Subject to paragraphs (b), (c), and (d), a holder of an air operator certificate must ensure that for every air operation conducted under the authority of the certificate the weights of the following items that are carried on the aircraft are established:
(1)
the total weight of passengers:
(2)
the total weight of crew members:
(3)
the total weight of goods and baggage.
(b)
The total weight of passengers (excluding their carry-on baggage (if any)) must be determined by using only 1 of the following:
(1)
the actual weight of every passenger:
(2)
a standard weight for every passenger that is established by the certificate holder and detailed in the certificate holder’s exposition:
(3)
a weight that is declared by the passenger plus an additional 4 kg for every passenger.
(c)
The total weight of crew members (excluding their carry-on baggage (if any)) must be established by using—
(1)
the actual weight of every crew member; or
(2)
a standard weight for every crew member that is established by the certificate holder and detailed in the certificate holder’s exposition.
(d)
The total weight of goods and baggage must be determined by using
(1)
the actual weight of the goods and baggage; or
(2)
for commercial transport operations operating from a remote aerodrome where it is not practicable to establish the actual weight of the goods and baggage, the certificate holder must establish procedures to enable the pilot-in-command to assess the weight of the goods and baggage.

Question 18

What landing distance is required under Part 135 and what wind components must be taken into account on a wet or contaminated runway?

Answer 18

aeroplane it operates—
(1)
when the appropriate weather reports or forecasts, or a combination of them, indicate that the runway at the estimated time of arrival of the aeroplane may be wet, the landing distance available is at least 115% of the landing distance required by 135.223; and
(2)
when the appropriate weather reports or forecasts, or a combination of them, indicate that the runway at the estimated time of arrival of the aeroplane may be contaminated, the landing distance available is at least—
(i)
the landing distance required by paragraph (a)(1); or
(ii)
the landing distance determined in accordance with contaminated landing distance data.
(b)
A landing distance on a wet runway shorter than that required by paragraph (a)(1), but not less than that required by 135.223, may be used if data specifies a shorter landing distance on wet runways.

Question 19

With regards to instruments and equipment an operation may not commence unless of what under Part 135?

Answer 19

A holder of an air operator certificate must ensure that an air operation does not commence unless—
(1)
the aircraft is equipped—
(i)
with the type of instruments and equipment required by Part 91 and this Subpart; and
(ii)
with the number of instruments and equipment to ensure that the failure of any independent system required for either communication or navigation purposes, or both, does not result in an inability to communicate and navigate safely as required for the route being flown;

the instruments and equipment have been installed in accordance with the aircraft manufacturer’s instructions or other instructions acceptable to the Director; and except as may be provided by a MEL approved under rule 91.539 for use for the aircraft, the instruments and equipment installed in the aircraft are in operable condition.

Question 20

What types of seat belts must be installed on an aircraft operating under Part 135?

Answer 20

A holder of an air operator certificate must ensure that every aircraft that is operated under the authority of the certificate is equipped with a shoulder harness or single diagonal shoulder belt for each flight crew member seat.

Question 21

What equipment must be installed for night flight under Part 135?

Answer 21

Each holder of an air operator certificate shall ensure that each of its aircraft operated at night is equipped with—
(1)
a landing light; and
(2)
a light in each passenger compartment.

Question 22

What are the options for aircraft maintenance under Part 135?

Answer 22

(a)
Subject to paragraph (b), a holder of an air operator certificate must identify in the maintenance programme applicable to each aircraft that is operated under the authority of the certificate, whether the aircraft is subject to—
(1)
an annual review of airworthiness in accordance with rule 91.615; or
(2)
a maintenance review in accordance with rule 135.415.

(1) a review of airworthiness for the aircraft has been certified as
completed in accordance with Subpart D of Part 43 within—
(i) the preceding 365 days; or
(ii) for an aircraft that has a special category airworthiness
certificate that is not operated for hire or reward, the
preceding 730 days; or
(2) the aircraft has been issued with an airworthiness certificate in
accordance with Part 21 within the preceding 365 days.

(a)
A holder of an air operator certificate who, under rule 135.402(a), has identified in the appropriate maintenance programme that an aircraft is to be subject to a maintenance review must ensure that—
(1)
the aircraft is not operated under the authority of the certificate unless a maintenance review of the aircraft has been carried within the previous 12 months; and
(2)
each maintenance review that is carried out is certified in accordance with paragraph (d).

Question 23

What operator is responsible for the air worthiness of what equipment under Part 135?

Answer 23

A holder of an air operator certificate is responsible for the airworthiness of—
(1)
every aircraft that is operated under the authority of the certificate; and
(2)
any equipment installed in or attached to the aircraft.

Question 24

What consolidation flight time does a pilot require before acting as PIC on a single, multi or jet aircraft under Part 135?

Answer 24

A holder of an air operator certificate must ensure that before designating a pilot to act as a pilot-in-command of an aircraft on an air operation conducted under the authority of the certificate, the pilot has completed the following consolidation of operating experience on the make and basic model of aircraft type:
(1)
for a single engine aircraft, 5 hours flight time and 5 take-offs and landings:
(2)
for a multi-engine aircraft, 10 hours flight time and 10 take-offs and landings:
(3)
for a turbojet or turbofan aeroplane, 15 hours flight time and 10 take-offs and landings:
(4)
for single pilot air operations under IFR or VFR at night, —
(i)
40 hours flight time on the aircraft type; or
(ii)
for subsequent aircraft types of the same category, other than the initial aircraft type flown single pilot on air operations under IFR, or flown single pilot on air operations under VFR at night, the applicable flight time required by paragraphs (a)(1), (a)(2), or (a)(3).

Question 25

How can consolidation flight time be earned under Part 135?

Answer 25

(b)
Subject to paragraphs (c) and (d), after the pilot has completed aircraft type rating training, initial training required under rule 135.557 or transition training required under rule 135.559, and the competency check required under rule 135.607, the consolidation of operating experience required by paragraph (a) must be acquired as follows:
(1)
in flight during air operations performed; and
(2)
for an aircraft not previously used to perform an air operation under the authority of the holder’s air operator certificate, operating experience acquired in the aircraft type during proving flights or ferry flights may be used to meet this requirement; and
(3)
while performing the duties of a pilot-in-command under the supervision of a designated pilot-in-command who must —
(i)
be authorised in writing by the certificate holder to supervise a pilot undergoing consolidation of operating experience on the aircraft type; and
(ii)
occupy a flight crew member seat while supervising; and
(4)
for paragraph (a)(4)(i), the 40 hours flight time must include —
(i)
for air operations under IFR, a minimum of 10 hours flight time on air operations conducted under IFR; or
(ii)
for air operations under VFR at night, a minimum of 10 take-offs and landings at night; and
(5)
the consolidation of operating experience required by paragraph (a) must be completed within 180 days from the successful completion of the competency check; and
(6)
if the pilot fails to complete the applicable consolidation of operating experience on or before the 180th day as required in paragraph (5), the pilot must complete a competency check before recommencing the required consolidation of operating experience.

Question 26

What manoeuvres are not authorised whilst carrying passengers under Part 135?

Answer 26

(a)
A holder of an air operator certificate must ensure an abnormal, unusual, or emergency training manoeuvre is not performed during an air operation conducted under the authority of the certificate while carrying passengers.
(b)
An abnormal, unusual or emergency manoeuvre referred to in paragraph (a) includes, but is not limited to the following:
(1)
simulated engine failure where engine power is reduced or stopped to simulate loss of engine power:
(2)
simulated asymmetric flight:
(3)
any simulated aircraft system failure that activates a visual or oral warning system that can be seen or overheard by passengers:
(4)
any other simulated system failure that can compromise the safe operation of the flight.

Question 27

What are the flight crew competency checks under Part 135?

Answer 27

(1)
each pilot acting as pilot-in-command has, within the immediately preceding 12 months, passed a check of route and aerodrome proficiency that is administered by a flight examiner and that—
(i)
consists of a ground-based procedure check over 1 route segment, and a flight check with 1 or more landings at an aerodrome representative of the operations to be flown; and
(ii)
establishes that the pilot can satisfactorily perform the duties and responsibilities of a pilot-in-command in air operations appropriate to this Part; and
(2)
each pilot conducting VFR operations has, within the immediately preceding 12 months, successfully completed a competency check, that is administered by a flight examiner and that covers procedures, including emergency procedures, of the pilot’s flying skill in an aircraft type normally used by the pilot in the operation; and
(3)
each pilot acting as a flight crew member of an aircraft operating under IFR has, within the immediately preceding 6 months, passed a check that is administered by a flight examiner and that

(4)
each pilot has, within the immediately preceding 12 months, successfully completed a written or oral test of the pilot’s knowledge of the following:
(i)
the relevant Civil Aviation Rules and the certificate holder’s operations specifications and exposition:
(ii)
the aircraft systems, performance, operating procedures, and the content of the flight manual for each aircraft type normally flown by the pilot:
(iii)
navigation, ATC, and meteorology:
(iv)
special flight operations as appropriate to the type of operation normally conducted by the pilot:
(v)
new equipment, procedures, and techniques:
(vi)
location and operation of emergency equipment fitted to an aircraft of the type normally flown by the pilot; and

Question 28

What are crew grace provisions under Part 135?

Answer 28

If a crew member completes a test or flight check within 60 days before the date on which the test or flight check is required, the crew member is deemed to have completed the test or flight check on the date that it is required to be completed.

Question 29

How many days of constant duty times can an operator book a pilot in for under Part 135?

Answer 29

the scheme for commercial transport operations, complies with the following:
(i)
flight crew must not fly in excess of 160 hours in any 30 consecutive days:
(ii)
flight crew must have not less than 2 days free of duty in any 14 day period:
(iii)
flight crew must have not less than 2 consecutive days free of duty in any 30 day period; and
(4)
the scheme is acceptable to the Director.

Question 30

What are the eiligibility requirements for a CPL?

Answer 30

Aeroplane
Total flight experience
At least 200 hours in aeroplanes, or 150 hours in aeroplanes if a full course of approved training
has been completed, with appropriate cross-crediting of experience as detailed below.
These times are to include at least the minimum flight time requirements that follow.
Pilot-in-command:
100 hours in aeroplanes.
Cross-country navigation:
30 hours in aeroplanes, which is to include 20 hours training and the cross-country flight test in
accordance with the syllabus set out in Appendix II.
Night flight time experience (Night flying):
10 hours in aeroplanes which is to include 4 hours dual instruction and 5 hours (including 10 takeoffs
and 10 landings) as pilot-in-command.
Students must have at least 2 hours instrument flight time in aeroplanes including the following
instrument flight manoeuvres before undertaking night flight training:

Instrument time:
10 hours, of which —
· 5 hours is to be dual instrument flight time in aeroplanes; and
· 5 hours may be instrument time in an approved synthetic flight trainer.

Basic mountain flying training:
In addition to meeting the terrain and weather awareness requirements of PPL(A), have completed;· A basic mountain flying ground theory course (refer to the CAA Mountain Flying Training
Standards Guide), and;
· 5 hours dual flying training to include at least:
o 2 hours low flying; and
o 2 hours basic mountain flying in accordance with Appendix V.

Question 31

What are the privileges of a CPL?

Answer 31

Rule 61.205(a)(3) allows a commercial pilot licence holder to act as pilot-in-command of an
aircraft that is certificated for multi-pilot operation and is engaged on an operation for hire or
reward but not for an air transport operation.

Question 32

What are the theory credit required to gain a CPL?

Answer 32

air law
flight navigation general or flight
navigation
meteorology
principles of flight
aircraft performance
general aircraft technical knowledge