U.S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: Operations of Large Airplanes Subject to 14 CFR Part 125 Date: 9/15/16 AC No: 125-1A Initiated by: AFS-800 Change:
This advisory circular (AC) sets forth one means that would be acceptable to the Administrator to assist persons in complying with the requirements of Title 14 of the Code of Federal Regulations (14 CFR) part 125. It also provides, in Chapter 2, a test of applicability for operations which may be subject to part 125.
ORIGINAL SIGNED by /s/ John S. Duncan Director, Flight Standards Service
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CONTENTS Paragraph Page
Chapter 1. Introduction1-1
1.1 Purpose1-1
1.2 Cancellation1-1
1.3 Background1-1
1.4 Related CFRs1-1
1.5 Related Reading Material1-1
Chapter 2. Applicability of Part 1252-1
2.1 Scope and Contents2-1
2.2 Applicability: Seating vs. Payload Capacity2-1
2.3 Compensation Permitted2-1
2.4 Definition of Terms2-2
2.5 Is Part 125 Applicable to Your Operation?2-4
Figure 2-1. Test for Part 125 Applicability2-6
Chapter 3. Preparing for Certification3-1
3.1 Scope and Contents3-1
3.2 Contacts with the FAA District Office3-1
3.3 Time Constraints3-1
3.4 Initial Informal Contact3-1
3.5 Timetable for Certification3-2
3.6 Should You Submit a Request for Deviation Authority?3-2
3.7 Determine How You Will Comply with Part 1253-2
3.8 Developing Company Manuals3-2
3.9 Minimum Equipment List (MEL)3-3
3.10 Maintenance Program3-3
3.11 Airplane Required3-4
3.12 Crewmembers3-4
3.13 Request for Check Pilot Authorization3-5
3.14 Administrative Resources3-6
3.15 List of Personnel3-7
3.16 Preapplication Statement of Intent (PASI) and Formal Application Letter3-7
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3.17 Formal Application3-8
3.18 Foreign-Based Operators3-9
3.19 Ready for the Inspection3-9
Chapter 4. Certification4-1
4.1 Scope and Contents4-1
4.2 Application Acknowledgment Letter4-1
4.3 Inspection Team4-1
4.4 Certification Procedures4-1
4.5 Preapplication Phase4-2
4.6 Formal Application Phase4-3
4.7 Document Compliance Phase4-3
4.8 The Demonstration and Inspection Phase4-5
4.9 The Certification Phase4-7
4.10 Designation of a Check Airman4-8
4.11 Testing of Crewmembers4-8
4.12 Maintenance Considerations4-9
4.13 Issuance of Operating Certificate4-9
4.14 Approval of OpSpecs4-9
4.15 Final Certification4-9
Chapter 5. FAA Surveillance After Certification5-1
5.1 Scope and Contents5-1
5.2 Inspection Authority5-1
5.3 Identification of Inspectors5-1
5.4 Facility (Base) Inspections5-1
5.5 Ramp Inspections5-1
5.6 En Route Inspections5-1
5.7 Airplane Inspections5-2
5.8 Simulator Surveillance5-2
5.9 Check Pilot Surveillance5-2
5.10 Additional Information5-2
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Chapter 6. Operational Changes6-1
6.1 Scope and Contents6-1
6.2 Change of Ownership6-1
6.3 Voluntary Surrender of Certificate and Operations Specifications (OpSpecs)6-1
6.4 Change of Business Name or Address6-1
6.5 Change of Management Personnel6-2
6.6 Amendments to OpSpecs6-2
6.7 Certificate Holder or Operator Appeal Rights6-4
6.8 Surrender of OpSpecs6-4
6.9 Revisions to Company Manuals6-5
6.10 Changes to Your Airplane Fleet6-6
6.11 Changes to Airplane Passenger Capacity or Interior Configuration6-6
6.12 Revisions to Minimum Equipment Lists (MEL)6-6
6.13 Disposition of OpSpecs6-7
Chapter 7. Development of a Company Manual7-1
7.1 Scope and Contents7-1
7.2 Manual Requirements7-1
7.3 Contents of the Manual7-2
7.4 Policy vs. Procedure7-2
7.5 Development of Procedures7-3
7.6 Recommended Format of the Manual7-3
7.7 Company Organization7-4
7.8 Copies of Operations Specifications (OpSpecs)7-4
7.9 Minimum Equipment List (MEL)7-4
7.10 Airplane Loading Instructions7-4
7.11 Preflight Planning and Flight Release Procedures7-5
7.12 Procedures for Assuring Airworthiness of Airplane7-6
7.13 Pretakeoff Procedures7-7
7.14 Flight Operation Procedures7-8
7.15 Postflight Procedures7-9
7.16 Emergency Procedures7-9
7.17 Airplane Inspection Program7-9
7.18 Separation of Operational and Maintenance Portions of the Manual7-10
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Chapter 8. Crewmember, Simulator, and Check Airman Requirements8-1
8.1 Scope and Contents8-1
8.2 Limitations on the Use of Crewmember Services8-1
8.3 Pilot in Command (PIC)8-1
8.4 Second in Command (SIC)8-2
8.5 Flight Engineer (FE)8-3
8.6 Flight Navigator8-3
8.7 Flight Attendants (F/A)8-4
8.8 Crewmember Records8-4
8.9 Meeting Testing Requirements and Recency of Experience8-4
8.10 Use of Simulators8-8
8.11 Authorization of a Check Airman8-9
8.12 Approval of Check Airmen8-11
8.13 Record of Airmen Proficiency/Qualification Check8-12
8.14 Cancellation of Check Airman Authorization8-13
8.15 Contract Check Airmen8-13
Chapter 9. Airplane Inspection Program and Additional Maintenance Requirements9-1
9.1 Scope and Contents9-1
9.2 Inspection Programs—General9-1
9.3 Inspection Program Content9-1
9.4 Engine Overhaul Requirements9-2
9.5 Maintenance Requirements9-4
Chapter 10. Deviation Authority10-1
10.1 Scope and Contents10-1
10.2 Deviation Authority10-1
10.3 Letter of Deviation Authority (A125 LODA)10-1
10.4 Part 125 Deviation10-3
10.5 Special Flight Authorization (SFA) and Special Flight Permit (SFP)10-3
10.6 Parachute, Museum, and Airplane Leasing/Manufacturer Operations Deviations ... 10-4
Appendix A. Recommended Manual FormatA-1
1-1 CHAPTER 1. INTRODUCTION
1.1 Purpose. This advisory circular (AC) sets forth one means that would be acceptable to the Administrator to assist persons in complying with the requirements of Title 14 of the Code of Federal Regulations (14 CFR) part 125. It also provides, in Chapter 2, a test of applicability for operations which may be subject to part 125.
1.2 Cancellation. This AC cancels AC 125-1, Operations of Large Airplanes Subject to Federal Aviation Regulation Part 125, dated January 22, 1981.
1.3 Background. Part 125 was issued to establish a uniform set of certification and operational rules for large airplanes having a seating capacity of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more, when used for non-common carriage.
1.4 Related CFRs. Title 14 CFR parts 43, 61, 65, 91, 119, 121, 125, 135, and 145.
1.5 Related Reading Material. Additional information may be found in the current editions of:
• AC 43-9, Maintenance Records.
• AC 120-12, Private Carriage Versus Common Carriage of Persons or Property
• AC 120-27, Aircraft Weight and Balance Control.
• AC 120-29, Criteria for Approval of Category I and Category II Weather Minima for Approach.
• AC 120-47, Survival Equipment for Use in Overwater Operations.
• AC 120-74, Part 91, 121, 125, and 135 Flightcrew Procedures During Taxi Operations.
• AC 120-76, Guidelines for the Certification, Airworthiness, and Operational Use of Electronic Flight Bags.
• AC 120-78, Electronic Signatures, Electronic Recordkeeping and Electronic Manuals.
• AC 120-83, Flight Deck Observer Seat and Associated Equipment.
• AC 120-87, Use of Child Restraint Systems on Aircraft.
• AC 120-88, Preventing Injuries Caused by Turbulence.
• AC 120-95, Portable Oxygen Concentrators.
• AC 120-98, Operator Information for Incorporating Fuel Tank Flammability Reduction Requirements into a Maintenance or Inspection Program.
• AC 120-108, Continuous Descent Final Approach.
• AC 120-113, Best Practices for Engine Time-in-Service Interval Extensions.
• AC 121-38, Reporting Hazardous Materials Discrepancies to the Federal Aviation Administration.
2-1 CHAPTER 2. APPLICABILITY OF PART 125
2.1 Scope and Contents. This chapter provides guidance regarding the applicability of 14 CFR part 125 to certain large airplane operations in other than common carriage, and the exceptions to this applicability.
2.1.1 Types of Operations. According to 14 CFR part 375, § 375.40(b), an operator that holds itself out to the public, or to a particular class or segment, as willing to furnish transportation for hire is a common carrier. Part 125 provides for the operation of large airplanes that are not conducting operations in common carriage, including the following types of operations:
1. Non-common carriage for hire operations. This type of operation is allowed, but must be reviewed carefully to verify that the operation is not common carriage. Operators are not permitted to hold out to the public directly or indirectly.
2. Private carriage operations in which persons or cargo are transported without compensation or hire; for example, private or corporate operators carrying company personnel, property, and guests, including cost sharing under 14 CFR part 91, § 91.501(d).
3. Parachute, lease/sale agreements, or historic (museum or collection) flight operations.
4. Operations not involving the transportation of persons or cargo.
2.2 Applicability: Seating vs. Payload Capacity.
2.2.1 Determination of Applicability. The determination of applicability for part 125 is: Does the operator use an airplane with a seating capacity (configuration) for 20 or more passenger seats or a maximum payload capacity of 6,000 pounds or more?
2.2.2 Seating Capacity. If the airplane has 20 or more passenger seats, part 125 is applicable.
However, the operator could reconfigure the airplane (remove the seats) so that it has a passenger seating capacity of 19 or less. In this situation, part 125 would not be applicable, unless the calculated maximum payload capacity is 6,000 pounds or more.
2.2.3 Maximum Payload Capacity. Maximum payload capacity is defined in part 125, § 125.9.
If, through calculations in accordance with this definition, the maximum payload is determined to be 6,000 pounds or more, part 125 is applicable regardless of the number of seats.
2.2.4 Exceptions. Exceptions to the applicability of part 125 are discussed in paragraph 2.5.2.
2.3 Compensation Permitted. Part 125 is applicable to large airplane operations in other than common carriage. A person is considered to be engaged in common carriage when holding out to the general 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. Advertising
2-2 through telephone yellow pages, billboards, television, radio, internet Web sites, social media, and individual ticketing are examples that have been legally found to be holding out. Section 125.11(b) prohibits part 125 certificate holders from conducting any operation which results directly or indirectly from holding out to the general public.
Further information regarding common carriage vs. private carriage can be found in the current edition of Advisory Circular (AC) 120-12, Private Carriage Versus Common Carriage of Persons or Property.
2.4 Definition of Terms. For the remainder of this AC, the following definitions of terms used will apply:
2.4.1 Maximum Payload Capacity. Refer to § 125.9, Definitions. If the maximum payload is determined to be 6,000 pounds or more, part 125 is applicable regardless of the number of seats.
2.4.2 Private Carriage. Private carriage is considered non-common carriage. Part 125 is applicable to large airplane operations in other than common carriage. Section 125.11(b) prohibits part 125 certificate holders from conducting any operation which results directly or indirectly from holding out to the general public.
2.4.3 Compensation or Hire. A term that originated with the regulation of ground transportation under the Interstate Commerce Act which was enacted in the late 1800s.
The test is presently contained in the definition of a “Commercial Operator” in 14 CFR part 1, § 1.1 and is essentially the same as the definition adopted in 1949 by the Civil Aeronautics Board.
2.4.4 Commercial Operator. Per § 1.1, a commercial operator is “a person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property, other than as an air carrier or foreign air carrier or under the authority of part 375 of this title. Where it is doubtful that an operation is for “compensation or hire,” the test applied is whether the carriage by air is merely incidental to the person’s other business or is, in itself, a major enterprise for profit.”
2.4.5 Common Carriage. A person is considered to be engaged in common carriage when holding out to the general 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. Advertising through telephone yellow pages, billboards, television, radio, internet Web sites, social media, and individual ticketing are examples that have been legally found to be holding out.
2.4.6 Certificate Holders. One part 125 certificate shall be issued to any person. An operating certificate may not be held jointly by two or more persons. A partnership is considered a single person even though the partnership may consist of more than one individual or corporation. For example, where both a parent and a subsidiary corporation exist, only one of the two corporations may be the applicant for any one certificate and that certificate cannot be issued to, or in the name of, both corporations. Regardless of
2-3 common ownership, the parent and subsidiary corporation are considered by law as separate persons.
2.4.7 Deviations. At any point during certification, an applicant may request a deviation from any section of part 125 or an A125 Letter of Deviation Authority (LODA) authorizing a deviation from 14 CFR part 119, § 119.23(a)(3) and § 125.5 (the requirement to hold an operating certificate and operations specifications (OpSpecs)). (See Chapter 10 for further information.)
2.4.8 Applicant. An applicant is the entity applying for a part 125 operating certificate or any deviation authority. The applicant may be a part 125 certificate holder or an A125 LODA holder. An applicant may also be a person applying for a part 125 certificate or a person applying for a deviation from §§ 119.23(a)(3) and 125.5 (the requirement to hold an operating certificate and OpSpecs) hereafter to be identified as an A125 LODA holder.
2.4.9 A125 LODA Holder. An A125 LODA holder is a person/operator who is issued a LODA from §§ 119.23 and 125.5 (the requirement to hold an operating certificate and OpSpecs), and is identified in the Web-based Operations Safety System (WebOPSS) (referred to as “125M”) as an A125 LODA operator.
2.4.10 Letter of Deviation Authority (LODA). LODA is a formal authorization issued by the Federal Aviation Administration (FAA) certificate-holding district office (CHDO), authorizing a deviation from specified section(s) of part 125. The LODA is permitted by § 125.3. LODAs are issued to certificate holders and A125 LODA holders. LODAs are issued for operational uniqueness such as Special Flight Authorizations (SFA), intentional parachute operations, airplane museum operations, airplane leasing/manufacturer operations, and other individualized authorizations approved by the General Aviation and Commercial Division (AFS-800).
2.4.11 Special Flight Authorization (SFA). SFA is a LODA authorizing an operator to accomplish the following short-term operations (normally a maximum of 30 calendar-days) in accordance with part 91:
1. Sales demonstration flights when the operator is not certificated under part 119 or the holder of an A125 LODA.
2. Ferry flights when the operator is not certificated under part 119 or the holder of an A125 LODA.
3. Training flights conducted for certification under 14 CFR parts 61 and 63, associated with certification under part 119, or an applicant for an A125 LODA.
Note: SFAs (refer to § 91.715) are also issued to allow a foreign civil aircraft to be operated without a U.S. airworthiness certificate.
2.4.12 Standard Intentional Parachute Operations, Airplane Museum Operation, and Airplane Leasing/Manufacturer Operations Standard LODA. AFS-800 has considered the operational uniqueness of these operations and has determined that such operations,
2-4 conducted by airplanes with a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more, should be authorized a deviation from § 125.1 applicability, and allowed to conduct all operations in accordance with part 91. AFS-800 has developed standard parachute, museum, and airplane leasing/manufacturer LODAs.
2.4.13 Special Flight Permits (SFP). SFPs are issued to the operator of an aircraft that may not currently meet the applicable airworthiness requirements but is capable of safe flight (refer to §§ 21.197 and § 21.199).
2.5 Is Part 125 Applicable to Your Operation?
2.5.1 Applicability. The applicability of this part is outlined in § 125.1.
2.5.2 Exceptions. The exceptions from applicability to part 125 are addressed in the following questions. Any person operating large airplanes who does not meet the criteria for one or more of the exceptions shown in the answers to these questions must make application for certification under part 125.
Note: The questions are arranged to correspond consecutively with those in the diagram in Figure 2-1, Test for Part 125 Applicability. Only the answers which result in exceptions to the applicability of part 125 are provided.
Question 1. Do you operate at least one civil airplane with a seating capacity of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more?
If no, part 125 does not apply (refer to § 125.1(a)). If yes, move to question 2.
Question 2. Is your large airplane registered in the United States? If no, part 125 does not apply (refer to § 125.1(a)). If yes, move to question 3.
Question 3. Will your U.S.-registered, large airplane be operated in any portion of the United States or territory, commonwealth, or possession of the United States? If no, and you are not a U.S. citizen, you are only required to comply with the inspection program and maintenance requirements of § 125.247 (refer to § 125.1(c)). If yes, move to question 4. Foreign-based U.S. citizens also move to question 4.
Question 4. Is your U.S.-registered, large airplane operated on a restricted, limited, or provisional airworthiness certificate, SFP, or experimental certificate?
If yes, part 125 does not apply (refer to § 125.1(b)(2)). If no, move to question 5.
Question 5. Do you conduct intrastate common carriage as the holder of a commercial Air Carrier Certificate under the provisions of 14 CFR parts 121 or 135? The key is intrastate common carriage. If yes, then you must continue to operate under the commercial operator requirements of parts 121 or 135. If no, move to question 6.
2-5 Question 6. Do you presently hold an air carrier operating certificate issued under parts 121 or 135? If yes, then you are not eligible for a part 125 operating certificate (refer to § 125.11(a)). If no, move to question 7.
Question 7. Are your U.S.-registered, large airplane(s) presently required to be operated under parts 121, 135, or 137? If yes, part 125 does not apply (refer to § 125.1(b)(1)).
2-6 Figure 2-1. Test for Part 125 Applicability