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)).
Figure 2-1. Test for Part 125 Applicability Operation of Large Airplanes Yes Q1. Seating No Part 125 Does Capacity 20+ or Pay Load 6,000+ Lbs.? Not Apply Yes Registered in United Q2. Airplane No Part 125 Does States? Not Apply Yes in Any Portion of United States? Q3. Operate No Only § 125.247 Applies to Non-U.S. Citizens Yes Q4. Any Special Yes Part 125 Does Airworthiness Consideration? Not Apply _ No Q5. Conduct Yes Must Continue Operations Under Intrastate Common Carriage? Regulations Effective Prior to 2/1/81 No Q6. Hold Air Yes Cannot Carrier Operator Operate Under Certificate? Part 125 No Q7.
Airplane(s) Required Yes Part 125 Does to be Operated Under Not Apply Part 121, 135, or 137?
No Part 125 Is Applicable to this Operator 2-6
3-1 CHAPTER 3. PREPARING FOR CERTIFICATION
3.1 Scope and Contents. This chapter outlines the steps which should be considered in preparation for certification under 14 CFR part 125. It provides general guidance with references to other chapters in this advisory circular (AC) where more specific guidance is necessary. Examples of acceptable submissions are also referenced in this chapter.
3.2 Contacts with the FAA District Office. As the applicant, you are encouraged to make informal contact with your local Flight Standards District Office (FSDO) or International Field Office (IFO), as applicable, by telephone, email, or in person, after making a scheduled appointment, before proceeding with the development of the documents necessary for certification. It may be helpful to seek comments regarding the operations, maintenance, and avionics aspects of your operation at intermediate steps in the development of these documents. These informal contacts, and submissions of draft documents for their review, will assure the acceptability of the formal application and, in many cases, lessen the amount of time involved in the process of certification.
Note: References made to the FSDO in this document may also include the IFO, as applicable.
3.3 Time Constraints. Applicants are required to submit their complete formal application at least 60 calendar-days prior to the intended date of operation (refer to part 125, § 125.21).
This formal application must contain all items listed in paragraph 3.17.3. Your preparation of the formal application with its required attachments could, under normal circumstances, also take as much as 60 calendar-days. You should bear in mind the time involved for your preparation of the complete formal application package, and the 60-calendar-day period for FAA processing of that application, when planning the intended date for beginning operation under part 125.
3.4 Initial Informal Contact.
3.4.1 Contact the FAA. As soon as the decision is made to conduct operations with large airplanes and you have determined the planned operations will not fall under any of the exceptions to part 125 discussed in Chapter 2, paragraph 2.5.2, you should contact the local FSDO or IFO, as applicable. During this contact you will be able to discuss the scope of operations planned and get FAA input on the part 125 requirements that may be applicable to the planned operation.
3.4.2 FSDO/IFO Input. The district office or IFO, as applicable, will be able to give specific and timely input if you are prepared to supply in reasonable detail:
1. An outline of operations planned, including the number and type of airplane to be used;
2. A list of key management personnel who will represent the company during the certification process; and
3. An estimate of the dates on which you intend to make formal application for certification and plan to begin operations under part 125.
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3.5 Timetable for Certification. At the initial informal meeting the FAA will review with you the steps necessary to develop the formal application and complete certification.
They will also assist you in determining the timetable you should meet in order to complete all aspects of preparing for, and completing, certification by the date you plan to begin operations under part 125.
3.6 Should You Submit a Request for Deviation Authority? After initial contact with the FSDO or IFO, as applicable, you should begin the process of deciding whether or not a deviation request from 14 CFR part 119, § 119.23(a)(3) and § 125.5 (the requirement to hold an operating certificate and operations specifications (OpSpecs)) will be required for your operation. You should consider early whether or not to submit a request for an A125 Letter of Deviation Authority (LODA) authority to deviate from certain sections of part 125. Chapter 10 outlines the procedures for making this request.
3.7 Determine How You Will Comply with Part 125.
3.7.1 Compliance Statement/Letter of Compliance. You will be required to submit a compliance statement/letter of compliance which summarizes, for each applicable part 125 section, how your organization intends to comply with part 125, and the applicable sections of 14 CFR parts 91 and 119.
3.7.2 Manual References. When developing the compliance statement/letter of compliance, a determination should be made of which sections of part 125 will be included in your Policy and Procedures Manual (PPM) to satisfy the type(s) of operations planned. In the compliance statement, your intentions should be specifically referenced as to the location in the manual of how you will otherwise assure compliance with the applicable sections.
3.8 Developing Company Manuals.
3.8.1 Manual’s Contents. After the operation planning has been completed, the next step would be the formulation of the policies and procedures that you want company personnel to follow in the performance of their duties. Part 125 requires these policies and procedures to be contained in a manual and specifies the required contents (refer to §§ 125.71,
125.73, and 125.249). Contents other than that required by the rule may be part of your PPM, as applicable to your operation.
3.8.2 Manual Formulation Guidance. Specific guidance on the formulation of this manual is included in Chapter 7 and Appendix A.
3.8.3 Approved Flight Manual. Section 125.75 requires that you have FAA-approved flight manuals for each airplane. Procedures should assure that these manuals are up-to-date and available to the crewmembers as required by § 125.71(e). Modifications to the operating procedures and performance data must be approved by the FAA (refer to § 125.75(b)).
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3.9 Minimum Equipment List (MEL).
3.9.1 MEL Definition. An MEL is a method by which a part 125 holder can, under controlled conditions, operate an airplane with specified items of equipment inoperative until repairs are available or feasible. Authority for the use of an approved MEL is provided in § 125.201(a).
3.9.2 MEL Guidelines. Items of equipment required on an airplane may be dictated by the airplane type certificate, the operational requirements (e.g., part 125), or, in the case of optional equipment, by the operator. The MEL is developed by the operator from the Master Minimum Equipment List (MMEL). The MEL submitted by the operator may not be less restrictive than the MMEL from which it was developed, and provides for approval to deviate under controlled conditions from certain operational requirements.
These “controlled conditions” may be restrictions from flight during night, in instrument flight rules (IFR) or icing conditions, or by changes in in-flight operational procedures, temporary deactivation of components, or other procedures.
3.9.3 Approval of MEL. If you desire to use an MEL:
1. You should obtain a copy of the MMEL for your airplane. A copy of the MMEL can be obtained from the FAA’s Web site at http://fsims.faa.gov. If you do not have access to the internet, you can obtain a copy from your jurisdictional FSDO.
2. Section 125.201 authorizes flight with inoperative equipment under specific conditions.
3. An aviation safety inspector (ASI) may approve MELs for part 125 operators as part of the certification process.
4. You should submit your proposed MEL, as a separate document or as a section of your PPM, in your formal application for certification.
3.9.4 MEL Differences. Due to differences in operational factors (e.g., lack of maintenance bases), some options provided in the MMEL may not apply to part 125 certificate or A125 LODA holders. Each approved MEL will be tailored to the particular operator’s operations.
3.10 Maintenance Program.
3.10.1 Develop Maintenance Program. During your initial contacts with the FAA, and when developing the maintenance inspection program, you should follow the information provided in Chapter 9. It should be noted that a certificate holder under part 125 is not authorized by part 125 certification to perform preventive maintenance, rebuilding, or alteration. Such authority is not contained in part 43. This does not prevent an operator who holds a part 125 operating certificate from providing for its maintenance requirements by employing persons authorized to perform maintenance under part 43.
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3.10.2 Airplane Requirements. Before submitting the formal application, you should assure that your airplane meet all applicable special airworthiness requirements in part 125 subpart E and all instrument and equipment requirements of part 125 subpart F for the operations proposed. Inoperative or unavailable equipment may be cause for denial of certification or place limitations on the proposed operations.
3.10.3 Qualified Personnel. You should also assure that adequate qualified personnel are available to perform your maintenance program, or agreements with other companies to perform this maintenance are satisfactory.
3.11 Airplane Required. Part 125 does not specifically require an applicant to own or have exclusive use of an airplane. Sections 125.27 and 125.31 require that a determination be made that you are properly equipped (refer to § 125.27(a)) and the registration number and airplane type be shown in your OpSpecs (refer to § 125.31(b)(2)). Essentially, this requires that a specific airplane which meets the requirements of part 125 for the operations shown in your OpSpecs be available at the time of certification. You may, however, request changes to the OpSpecs at any time after certification. The procedures for adding or deleting airplanes are discussed in Chapter 6.
3.12 Crewmembers.
3.12.1 Number of Qualified Crewmembers. You should review the requirements of § 125.263 through § 125.271 in light of your proposed operations and assure that you will have an adequate number of qualified crewmembers to conduct your proposed operations.
3.12.2 Crewmember Training. You are not required to have a formal training program; however, you should provide training for your crewmembers, or otherwise assure that they will be capable of successfully completing the testing requirements of §§ 125.287, 125.289, and
125.291. Section 125.296 permits crewmembers to complete training, testing, or checking in accordance with an approved training program that meets the requirements of part 125 and is conducted in accordance with an approved course conducted by a training center certificated under 14 CFR part 142. The regulatory responsibility for ensuring that an operator’s training program remains current and continues to meet the operator’s needs resides with the operator. Training, testing, and/or checking to be conducted by the training center will be authorized by the principal operations inspector (POI) via the Web-based Operations Safety System (WebOPSS) before any training is accomplished.
3.12.3 Contract Training Restrictions. If you elect to use a contract training provider, you are limited to the use of a part 142 certificated training facility (refer to § 125.296). The part 142 training facility must meet the simulator requirements of § 125.297. Use of a part 142 training facility to meet the crewmember requirements of part 125 must be approved by the POI through the appropriate WebOPSS paragraph. The training program should be reviewed and approved by the POI.
3.12.4 Review of Qualifications. Your crewmembers’ qualifications will be reviewed in light of their intended duties (refer to §§ 125.281, 125.283, and 125.285). These qualifications will be reviewed immediately prior to their oral and practical tests under part 125.
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3.12.5 Crewmember Testing and Checking Requirements. Crewmembers must meet the testing and checking requirements of §§ 125.287, 125.289, and 125.291 prior to acting as a qualified crewmember for the company. All testing elements delineated in the rule are required. All testing must be conducted by a qualified ASI or authorized check pilot, and documented in accordance with the crewmember record requirements of § 125.401.
3.12.6 Pilot Proficiency Check. A pilot proficiency check conducted under 14 CFR part 121, § 121.441 that meets the checking requirements of part 121 appendix F may be accepted by the POI as meeting the requirements for operations conducted under part 125, under the following specified conditions:
1. The check is conducted in the same type of airplane, or in an airplane simulator or other training device, approved under § 125.297 for each flight maneuver or procedure to be accomplished during the proficiency check.
2. The pilot has passed a written or oral test on the appropriate provisions of 14 CFR parts 61, 91, and 125, and the OpSpecs and PPM of the certificate holder (refer to § 125.287(a)(1), (8), and (9)).
3. A properly documented record of that crewmember is maintained in accordance with the requirements of § 125.401.
4. If the POI elects to accept a § 121.441 check that meets the checking requirements of part 121 appendix F to satisfy the requirements for the proficiency check required under part 125, the requirements for items 2 and 3 above must be conducted by a part 125 company authorized check pilot. The discretion used by the POI to accept the part 121 appendix F check does not authorize the check pilot, who conducted the part 121 appendix F check, the authority to conduct the requirements specific to a part 125 operator (requirements of items 2 and 3 above).
3.12.7 Pilot Services for Multiple Part 125 Operators. Flightcrew members who meet the initial and recurrent pilot testing requirements or the pilot in command (PIC) instrument proficiency requirements of part 125 are permitted to make lateral moves between part 125 operators. For example, a pilot may provide services to more than one operator if the pilot meets the requirements of § 125.287(a)(1), (8), and (9) for each certificate holder. However, if a pilot fails to meet this requirement for one operator, that pilot may not provide the same services to any operator. Additionally, a failure of the required competency or proficiency check under part 125 requires notification of any part 121 or other part 125 operators who may employ the pilot. This can be accomplished by notifying the certificate-holding district offices (CHDO) of other operators that employ the pilot that failed the part 125 check.
3.13 Request for Check Pilot Authorization.
3.13.1 Issuing a Check Pilot Authorization. A check pilot authorization may be issued to an applicant for a part 125 certificate, an A125 LODA, an existing part 125 certificate holder, or existing A125 LODA holder. Although an individual is assigned check airman duties to conduct initial, recurrent, and instrument checks required by §§ 125.265(b),