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I never said Part 91 doesn't apply to Part 135 operations. I said Part 91 must be complied with, but that's only a minimum. If you have a Part 135 operation, you have to comply with Part 135, not just Part 91. Read the post before you fly off the handle.

 

 

Going by what you wrote. You ended with these last lines:

 

"incorrect logbook entries or not doing the flight at all. The Part 91 quotes are fine, but they apply to Part 91 operations, not Part 135. You had better be very meticulous with Part 135 documentation, because the FAA can make things very unpleasant for you if you make mistakes."

 

However, glad you cleared that up.

Edited by iChris
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Actually, the Part 91 stuff may or may not apply. Part 135 Ops Specs can override the written Part 91 and Part 135 provisions. It depends on the Ops Specs, and you have to read and understand the Ops Specs for the particular Part 135 operation you're talking about. It's difficult, if not impossible, to make reliable general statements about Part 135 operations.

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Actually, the Part 91 stuff may or may not apply. Part 135 Ops Specs can override the written Part 91 and Part 135 provisions. It depends on the Ops Specs, and you have to read and understand the Ops Specs for the particular Part 135 operation you're talking about. It's difficult, if not impossible, to make reliable general statements about Part 135 operations.

 

The OpSpecs were not established to override any rule. The rule of law proceeded and established the OpSecs. It would be better to say, the OpSecs specify which regulations, authorizations, limitations, standards, and procedures are applicable to each certificate holder.

 

 

VOLUME 3 GENERAL TECHNICAL ADMINISTRATION

CHAPTER 18

OPERATIONS SPECIFICATIONS

 

3-678. CONCEPTUAL NEED FOR OPSPECS/MSPECS. Within the air transportation industry there is a need to establish and administer safety standards to accommodate many variables. These variables include: a wide range of aircraft, varied operator capabilities, the various situations requiring different types of air transportation, and the continual, rapid changes in aviation technology. It is impractical to address these variables through the promulgation of safety regulations for each and every type of air transport situation and the varying degrees of operator capabilities. Also, it is impractical to address the rapidly changing aviation technology and environment through the regulatory process. Safety regulations would be extremely complex and unwieldy if all possible variations and situations were addressed by regulation. Instead, the safety standards established by regulation should usually have a broad application that allows varying acceptable methods of compliance. The OpSpecs provide an effective method for establishing safety standards that address a wide range of variables. In addition, OpSpecs can be adapted to a specific certificate holder or operator's class and size of aircraft and type and kinds of operations. OpSpecs can be tailored to suit an individual certificate holder or operator's needs. Only those authorizations, limitations, standards, and procedures that are applicable to a certificate holder or operator need to be included.

 

http://History of OpSpecs

Edited by iChris
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Ops specs can, and do, override Part 91. I've seen it a number of times. Ops specs can change weather minima, change maintenance procedures, and anything else the POI & operator want to change. As a trivial example, I've seen Ops Specs change the requirement for a flashlight with D cell batteries changed to allowing a flashlight with AA batteries, based on the assumption that helicopter flights don't last more than an hour or two, and battery & light technology has improved significantly since the days of carbon-zinc batteries. Regardless of the original intent, Ops Specs can, and do, make significant changes to both Part 91 and Part 135 published requirements. Read the Ops Specs for a number of larger Part 135 operations, and you'll see what I'm talking about.

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Ops specs can, and do, override Part 91. I've seen it a number of times. Ops specs can change weather minima, change maintenance procedures, and anything else the POI & operator want to change. As a trivial example, I've seen Ops Specs change the requirement for a flashlight with D cell batteries changed to allowing a flashlight with AA batteries, based on the assumption that helicopter flights don't last more than an hour or two, and battery & light technology has improved significantly since the days of carbon-zinc batteries. Regardless of the original intent, Ops Specs can, and do, make significant changes to both Part 91 and Part 135 published requirements. Read the Ops Specs for a number of larger Part 135 operations, and you'll see what I'm talking about.

 

Your statement, "OpsSpecs can and do override Part 91", is correct in that its issuance maybe the end result. However, to override any rule a defined process needs to precede the issuance of the OpsSpecs. That's why I wrote:

 

The OpSpecs were not established to override any rule. The rules proceeded and established the OpSecs. It would be better to say, the OpSecs specify which regulations, authorizations, limitations, standards, and procedures are applicable to each certificate holder.

 

If the specific (rule) regulatory section does not stipulate that a deviation, waiver, or authorization may be granted or issued, compliance with the regulation is mandatory. In these cases, the only method of obtaining relief from the regulation is through the exemption process. The processes for exemptions are under FAR 11.63.

 

As for your example of the flashlight with the D cell batteries, it's not necessary to change the rule (FAR 135.159 I assume). The rule stipulates "or equivalent".

 

FAA lawyers and legal staff artfully write the rules and their intent is not always readily apparent.

 

§ 135.159 Equipment requirements: Carrying passengers under VFR at night or under VFR over-the-top conditions.

 

No person may operate an aircraft carrying passengers under VFR at night or under VFR over-the-top, unless it is equipped with—

 

(f) For night flights—

(1) An anticollision light system;

(2) Instrument lights to make all instruments, switches, and gauges easily readable, the direct rays of which are shielded from the pilots' eyes; and

(3) A flashlight having at least two size "D" cells or equivalent.

 

 

Volume 3 GENERAL TECHNICAL ADMINISTRATION

 

CHAPTER 2 EXEMPTIONS, DEVIATIONS, WAIVERS, AND AUTHORIZATIONS

DEVIATIONS, WAIVERS, AND AUTHORIZATIONS.

Certain 14 CFR sections allow the Administrator to issue a Certificate of Waiver, a Certificate of Authorization, OpSpecs, or MSpecs, which authorize a deviation. These actions permit a person or an organization to either deviate from a specific regulation or comply with special alternative provisions, conditions, or limitations. This regulatory flexibility is available to the Administrator when the specific regulatory section stipulates that it is available. There are three options available, which are referred to as follows:

 

A. Deviation. When a regulatory section contains phrases such as "unless otherwise authorized by the Administrator;" "the Administrator may …;" "if the Administrator finds …;" "the Administrator may authorize …;" "the Administrator allows a deviation …;" "notwithstanding the Administrator may issue operations specifications …;" or other similar words, the regulatory flexibility is referred to as a deviation.

 

B. Waiver. When the regulatory section contains phrases such as "the Administrator may issue a certificate of waiver …;" "in accordance with the terms of a certificate of waiver issued by the administrator;" or other similar words, the regulatory flexibility is referred to as a waiver.

 

C. Authorization. When the regulatory section contains words such as "in violation of the terms of an authorization issued under this section;" "unless a certificate of authorization …;" or other similar words, the regulatory flexibility is referred to as an authorization.

 

NOTE: If the specific regulatory section does not stipulate that a deviation, waiver, or authorization may be granted or issued, compliance with the regulation is mandatory. In these cases, the only method of obtaining relief from the regulation is through the exemption process.

 

http://fsims.faa.gov...62575AF006A7CF7

Edited by iChris
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