Part 91 REPO flights

[Way2Broke]

Lets say a pilot repos on a non-revenue flight in the middle of their duty day because the field is below mins and they need to pick people up somewhere else. Is there anything special that needs to go in the aircraft log denoting that the leg was part 91 (the GOM allows the part 91 flight at the pilot's descrection). Is there anything that the pilot should consider going forward into their day with the same plane. Someone told me that once the pilot repos that the plane can not be put back into part 135 service that day. I have never heard this and can't find anything to back it up.

 

[NJAPLT]

At NetJets each leg can be either 91, 91K, or 135 depending on the flight. We usually ferry 91 then fly out somewhere as 91K or 135, then 91 again to the next customer/owner. I don't believe we make a note in our flight logs on the aircraft about it.

 

[avbug]

Como? Huh? Wazzat?

Your airplane is always "on" part 135. It's maintained under Part 135, listed under 135...it's a 135 airplane.

You may operate under Part 135 when the circumstance warrants, and under 91 only, when the circusmtances warrant. This has exactly nothing to do with anything.

If you fly six legs, every other leg during the day may be operated under Part 91 only, the remaining legs may be Part 135. These are the regulations that pertain to how you operate the airpalne at a specific time in place. Merely because you have flown a leg under Part 91 only, does not preclude you flying the next leg under another regulation.

You're confusing yourself with duty regulations. For the purposes of duty, everything is Part 135 until you end your duty. This only applies to duty times and rest times...it has nothing to do with how you operate the airplane.

If you depart at 0600 to operate a repositioning leg from A to B, one hour away, you've started your duty. Many companies use policies which reflect that one hour before the flight, the duty starts. So your duty has already started, at 0500, and you're on duty...even though this ferry flight is conducted under Part 91 only. You're bound by Part 91 in the way you plan the flight, conduct the flight, takeoff, land, etc. You're repositioning the airplane.

This flight counts against your daily commercial flight limitations. This flight counts against your duty time; it's not rest time and you're acting on behalf of the company. Your rest has ended, and you're working. But if it's not a 135 leg carrying passengers or cargo for hire to a point other than the point of departure, you are not bound by the 135 operational proceedures that govern a 135 leg. It's a part 91 leg, though you can elect to fly it under Part 135...or your company operations manual may even specify that all flights will be conducted under 135, regardless of circumstance.

The next leg is picking up a passenger. You arrive at Destination B at 0700, and your passenger is scheduled to show at 0730 for a 0800 departure. At 0800 you dutifuly depart on time with your sole paying passenger for destination C, operating in strict accordance with your operations specifications, general operations manual, and Part 135. Not a problem. The flight is an hour long, and at 0900, you land, wish the passenger well, and flight plan for your next leg.

Your next leg is from C to D, and is a repositioning leg. It's under Part 91. After that, you'll have a leg from D to E, under 135, and there your day ends.

When you get to E, you're at the end of a long day. You don't want to stay there. You're not overly tired, you're in good shape, and as luck would have it, home is an hour away. You're also at the end of your duty day, and it's been 14 hours since you came on duty. Your GOM says you go off duty an hour after the last flight ends, and your last flight ended at 1800. Now, at 1900, your're out of duty and rest time, and you can no longer operate under Part 135. But home is an hour away. The company would like you to fly there, but can't ask that, because you're out of available duty time, and can't meet the rest requirements for Part 135...the company can't assign you to further duty.

You can elect to make the flight if you can determine it's safe to do, and return to that home airport on your own. During this long day, you and your copilot have put in ten hours of flying, counting both the Part 135 and Part 91 legs....you're out of flight time, because as you know, you're limited to 10 hours of commercial flying in a 24 hour period under Part 135. But this last leg is after duty is over. Duty has ended, and you're not operating under 135. Part 135 looks back not forward, and as you make this last repositioning leg, you're not restricted except by 91.13, (careless and reckless operation). Don't act in an unsafe manner, you're legal to make the flight, and the time counts against future flying under Part 135...but not against what you've already done (because 135 is over for the day).

Rest doesn't begin until you get where you're going...then your ten hours of rest begins. Not until. Everything leading up to the end of the duty day counts against your Part 135 limits, but not after. However, during that day, you can operate under whatever regulations apply to your flight at any given time. On those 91 legs during the day, you may not have to show a load manifest or provide a record of weight and balance calculations. You may be able to fly a zero zero takeoff or accept an approach even though it's below minimums before you start...you're not restricted to 135 flying on a 91 leg. That has no impact on the next leg which is 135...each flight must consider the regulations which apply to it.

Duty, however, applies to you, as does rest...and you must consider that all the time as it relates to you.

You asked about the aircraft log...that's a company policy and proceedure, and may be spelled out in your GOM. You need to abide by whatever is in that GOM, because you'll be held accountable for it. You may or may not need to record that it was a 91 leg. Doing so isn't a bad idea, just for your own records, but no regulation requires it. You need to become familiar with your company ops manual to determine what record keeping and paperwork requirements apply to you...what applies to your and your company does not necessarily apply to someone else working under a different ops manual and a different certificate.

 

[Way2Broke]

AV BUG, thanks as always. What you said is EXACTLY what I said. You can not convince some people, especially true if they have a badge. Its a good thing it was a friendly exchange.

 

[avbug]

Did that badge come with a Form 110A attached, and was the person holding it your POI?

Generally in that case your best foot forward isnt trying to convince the inspector what he should know (he really should know it), but trying to understand what the inspector wants in order to comply. It makes life so much easier.

When I can get my data back up and running, I'll try to draw out some legal interps you can use...these do plainly state what's been described above. You may be able to find some I've posted before by using a search feature.

 

[Way2Broke]

I call it the "YES SIR them to death approach." Sometimes you just have to know inside that you are right and put your ego aside.