[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR135.25]

[Page 656-657]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT--Table of Contents
 
                           Subpart A--General
 
Sec. 135.25  Aircraft requirements.

    (a) Except as provided in paragraph (d) of this section, no 
certificate holder may operate an aircraft under this part unless that 
aircraft--
    (1) Is registered as a civil aircraft of the United States and 
carries an appropriate and current airworthiness certificate issued 
under this chapter; and
    (2) Is in an airworthy condition and meets the applicable 
airworthiness requirements of this chapter, including those relating to 
identification and equipment.
    (b) Each certificate holder must have the exclusive use of at least 
one aircraft that meets the requirements for

[[Page 657]]

at least one kind of operation authorized in the certificate holder's 
operations specifications. In addition, for each kind of operation for 
which the certificate holder does not have the exclusive use of an 
aircraft, the certificate holder must have available for use under a 
written agreement (including arrangements for performing required 
maintenance) at least one aircraft that meets the requirements for that 
kind of operation. However, this paragraph does not prohibit the 
operator from using or authorizing the use of the aircraft for other 
than operations under this part and does not require the certificate 
holder to have exclusive use of all aircraft that the certificate holder 
uses.
    (c) For the purposes of paragraph (b) of this section, a person has 
exclusive use of an aircraft if that person has the sole possession, 
control, and use of it for flight, as owner, or has a written agreement 
(including arrangements for performing required maintenance), in effect 
when the aircraft is operated, giving the person that possession, 
control, and use for at least 6 consecutive months.
    (d) A certificate holder may operate in common carriage, and for the 
carriage of mail, a civil aircraft which is leased or chartered to it 
without crew and is registered in a country which is a party to the 
Convention on International Civil Aviation if--
    (1) The aircraft carries an appropriate airworthiness certificate 
issued by the country of registration and meets the registration and 
identification requirements of that country;
    (2) The aircraft is of a type design which is approved under a U.S. 
type certificate and complies with all of the requirements of this 
chapter (14 CFR chapter I) that would be applicable to that aircraft 
were it registered in the United States, including the requirements 
which must be met for issuance of a U.S. standard airworthiness 
certificate (including type design conformity, condition for safe 
operation, and the noise, fuel venting, and engine emission requirements 
of this chapter), except that a U.S. registration certificate and a U.S. 
standard airworthiness certificate will not be issued for the aircraft;
    (3) The aircraft is operated by U.S.-certificated airmen employed by 
the certificate holder; and
    (4) The certificate holder files a copy of the aircraft lease or 
charter agreement with the FAA Aircraft Registry, Department of 
Transportation, 6400 South MacArthur Boulevard, Oklahoma City, OK 
(Mailing address: P.O. Box 25504, Oklahoma City, OK 73125).

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-8, 
45 FR 68649, Oct. 16, 1980; Amdt. 135-66, 62 FR 13257, Mar. 19, 1997]