Part 135 Question

[av8or98]

Is dead head time considered charter by the FAA? Example:
You fly from point "A" to point "B" empty.
At point "B" you fly to point "C" with pax.
You then return to point "B" with the pax.
Fly from point "B" back to point "A".
The customer pays for all the flight time including the dead head even though no one was on board for the dead head?
Obviously the dead head counts as duty time but do you have to use Opspec. T/O minimums, use "Tango November" call sign ect.?
One of my co-workers and I have been going round and round about this for a while. Thanks

 

[boxcar]

No, it's Part 91. Part 135 is intended to provide a higher level of safety for pax and/or cargo carried for hire. Ergo, no paying pax or cargo, no higher level of safety. it should be noted that NTSB used to consider accidents and incidents occuring on a deadhead leg to be under Part 135. Don't know if they still do, but their view makes no difference to the FAA.

 

[fraitman]

Good question AV8, Boxcar is right, in the business those empty legs are often referred to as "non-revenue." Although the company is often compensated for empty reposition legs, non-revenue really means there is no "revenue" on board (ie. pax or cargo). By the same token, if you were moving pax or cargo for free, the FAA would still look at it as furtherance of a business (goodwill to customers) and as "revenue" being on board.

If it is a non-revenue flight, Part 135 rules/opspecs do not apply to that flight. However, like you mentioned, if you do a subsequent 135 flight, the non-rev leg is "commercial flying" and you must consider it as duty and flight time when determining the legality of a subsequent 135 flight.

What often happens in the cargo business is the visibility drops below takeoff minimums, we depart empty because there is no Part 91 vis minimum. Then they drive the cargo to the closest airport above minimums and we fly it. Seems silly to have stricter rules to protect the lives of the boxes and bags, but that's the rules.