Sec. 135.261  Applicability.

    Sections 135.263 through 135.273 of this part prescribe flight time
limitations, duty period limitations, and rest requirements for
operations conducted under this part as follows:
    (a) Section 135.263 applies to all operations under this subpart.
    (b) Section 135.265 applies to:
    (1) Scheduled passenger-carrying operations except those conducted
solely within the state of Alaska. ``Scheduled passenger-carrying
operations'' means passenger-carrying operations that are conducted in
accordance with a published schedule which covers at least five round
trips per week on at least one route between two or more points,
includes dates or times (or both), and is openly advertised or otherwise
made readily available to the general public, and
    (2) Any other operation under this part, if the operator elects to
comply with Sec. 135.265 and obtains an appropriate operations
specification amendment.
    (c) Sections 135.267 and 135.269 apply to any operation that is not
a scheduled passenger-carrying operation and to any operation conducted
solely within the State of Alaska, unless the operator elects to comply
with Sec. 135.265 as authorized under paragraph (b)(2) of this section.
    (d) Section 135.271 contains special daily flight time limits for
operations conducted under the helicopter emergency medical evacuation
service (HEMES).
    (e) Section 135.273 prescribes duty period limitations and rest
requirements for flight attendants in all operations conducted under
this part.


Sec. 135.263  Flight time limitations and rest requirements: All
          certificate holders.

    (a) A certificate holder may assign a flight crewmember and a flight
crewmember may accept an assignment for flight time only when the
applicable requirements of Sec. Sec. 135.263 through 135.271 are met.
    (b) No certificate holder may assign any flight crewmember to any
duty with the certificate holder during any required rest period.
    (c) Time spent in transportation, not local in character, that a
certificate holder requires of a flight crewmember and provides to
transport the crewmember to an airport at which he is to serve on a
flight as a crewmember, or from an airport at which he was relieved from
duty to return to his home station, is not considered part of a rest
period.
    (d) A flight crewmember is not considered to be assigned flight time
in excess of flight time limitations if the flights to which he is assigned normally
terminate within the limitations, but due to circumstances beyond the control
of the certificate holder or flight crewmember (such as adverse weather
conditions), are not at the time of departure expected to reach their
destination within the planned flight time.

Sec. 135.265  Flight time limitations and rest requirements: Scheduled
          operations.

    (a) No certificate holder may schedule any flight crewmember, and no
flight crewmember may accept an assignment, for flight time in scheduled
operations or in other commercial flying if that crewmember's total
flight time in all commercial flying will exceed--
    (1) 1,200 hours in any calendar year.
    (2) 120 hours in any calendar month.
    (3) 34 hours in any 7 consecutive days.
    (4) 8 hours during any 24 consecutive hours for a flight crew
consisting of one pilot.
    (5) 8 hours between required rest periods for a flight crew
consisting of two pilots qualified under this part for the operation
being conducted.
    (b) Except as provided in paragraph (c) of this section, no
certificate holder may schedule a flight crewmember, and no flight
crewmember may accept an assignment, for flight time during the 24
consecutive hours preceding the scheduled completion of any flight
segment without a scheduled rest period during that 24 hours of at least
the following:
    (1) 9 consecutive hours of rest for less than 8 hours of scheduled
flight time.
    (2) 10 consecutive hours of rest for 8 or more but less than 9 hours
of scheduled flight time.
    (3) 11 consecutive hours of rest for 9 or more hours of scheduled
flight time.
    (c) A certificate holder may schedule a flight crewmember for less
than the rest required in paragraph (b) of this section or may reduce a
scheduled rest under the following conditions:
    (1) A rest required under paragraph (b)(1) of this section may be
scheduled for or reduced to a minimum of 8 hours if the flight
crewmember is given a rest period of at least 10 hours that must begin
no later than 24 hours after the commencement of the reduced rest
period.
    (2) A rest required under paragraph (b)(2) of this section may be
scheduled for or reduced to a minimum of 8 hours if the flight
crewmember is given a rest period of at least 11 hours that must begin
no later than 24 hours after the commencement of the reduced rest
period.
    (3) A rest required under paragraph (b)(3) of this section may be
scheduled for or reduced to a minimum of 9 hours if the flight
crewmember is given a rest period of at least 12 hours that must begin
no later than 24 hours after the commencement of the reduced rest
period.
    (d) Each certificate holder shall relieve each flight crewmember
engaged in scheduled air transportation from all further duty for at
least 24 consecutive hours during any 7 consecutive days.

Sec. 135.267  Flight time limitations and rest requirements:
          Unscheduled one- and two-pilot crews.

    (a) No certificate holder may assign any flight crewmember, and no
flight crewmember may accept an assignment, for flight time as a member
of a one- or two-pilot crew if that crewmember's total flight time in
all commercial flying will exceed--
    (1) 500 hours in any calendar quarter.
    (2) 800 hours in any two consecutive calendar quarters.
    (3) 1,400 hours in any calendar year.
    (b) Except as provided in paragraph (c) of this section, during any
24 consecutive hours the total flight time of the assigned flight when
added to any other commercial flying by that flight crewmember may not
exceed--
    (1) 8 hours for a flight crew consisting of one pilot; or
    (2) 10 hours for a flight crew consisting of two pilots qualified
under this part for the operation being conducted.
    (c) A flight crewmember's flight time may exceed the flight time
limits of paragraph (b) of this section if the assigned flight time
occurs during a regularly assigned duty period of no more than 14 hours
and--
    (1) If this duty period is immediately preceded by and followed by a
required rest period of at least 10 consecutive hours of rest;
    (2) If flight time is assigned during this period, that total flight
time when added to any other commercial flying by the flight crewmember
may not exceed--
    (i) 8 hours for a flight crew consisting of one pilot; or
    (ii) 10 hours for a flight crew consisting of two pilots; and
    (3) If the combined duty and rest periods equal 24 hours.
    (d) Each assignment under paragraph (b) of this section must provide
for at least 10 consecutive hours of rest during the 24-hour period that
precedes the planned completion time of the assignment.
    (e) When a flight crewmember has exceeded the daily flight time
limitations in this section, because of circumstances beyond the control
of the certificate holder or flight crewmember (such as adverse weather
conditions), that flight crewmember must have a rest period before being
assigned or accepting an assignment for flight time of at least--
    (1) 11 consecutive hours of rest if the flight time limitation is
exceeded by not more than 30 minutes;
    (2) 12 consecutive hours of rest if the flight time limitation is
exceeded by more than 30 minutes, but not more than 60 minutes; and
    (3) 16 consecutive hours of rest if the flight time limitation is
exceeded by more than 60 minutes.
    (f) The certificate holder must provide each flight crewmember at
least 13 rest periods of at least 24 consecutive hours each in each
calendar quarter.

Sec. 135.269  Flight time limitations and rest requirements:
          Unscheduled three- and four-pilot crews.

    (a) No certificate holder may assign any flight crewmember, and no
flight crewmember may accept an assignment, for flight time as a member
of a three- or four-pilot crew if that crewmember's total flight time in
all commercial flying will exceed--
    (1) 500 hours in any calendar quarter.
    (2) 800 hours in any two consecutive calendar quarters.
    (3) 1,400 hours in any calendar year.
    (b) No certificate holder may assign any pilot to a crew of three or
four pilots, unless that assignment provides--
    (1) At least 10 consecutive hours of rest immediately preceding the
assignment;
    (2) No more than 8 hours of flight deck duty in any 24 consecutive
hours;
    (3) No more than 18 duty hours for a three-pilot crew or 20 duty
hours for a four-pilot crew in any 24 consecutive hours;
    (4) No more than 12 hours aloft for a three-pilot crew or 16 hours
aloft for a four-pilot crew during the maximum duty hours specified in
paragraph (b)(3) of this section;
    (5) Adequate sleeping facilities on the aircraft for the relief
pilot;
    (6) Upon completion of the assignment, a rest period of at least 12
hours;
    (7) For a three-pilot crew, a crew which consists of at least the
following:
    (i) A pilot in command (PIC) who meets the applicable flight
crewmember requirements of subpart E of part 135;
    (ii) A PIC who meets the applicable flight crewmember requirements
of subpart E of part 135, except those prescribed in Sec. Sec. 135.244
and 135.247; and
    (iii) A second in command (SIC) who meets the SIC qualifications of
Sec. 135.245.
    (8) For a four-pilot crew, at least three pilots who meet the
conditions of paragraph (b)(7) of this section, plus a fourth pilot who
meets the SIC qualifications of Sec. 135.245.
    (c) When a flight crewmember has exceeded the daily flight deck duty
limitation in this section by more than 60 minutes, because of
circumstances beyond the control of the certificate holder or flight
crewmember, that flight crewmember must have a rest period before the
next duty period of at least 16 consecutive hours.
    (d) A certificate holder must provide each flight crewmember at
least 13 rest periods of at least 24 consecutive hours each in each
calendar quarter.

Sec. 135.271  Helicopter hospital emergency medical evacuation service
          (HEMES).

    (a) No certificate holder may assign any flight crewmember, and no
flight crewmember may accept an assignment for flight time if that
crewmember's total flight time in all commercial flight will exceed--
    (1) 500 hours in any calendar quarter.
    (2) 800 hours in any two consecutive calendar quarters.
    (3) 1,400 hours in any calendar year.
    (b) No certificate holder may assign a helicopter flight crewmember,
and no flight crewmember may accept an assignment, for hospital
emergency medical evacuation service helicopter operations unless that
assignment provides for at least 10 consecutive hours of rest
immediately preceding reporting to the hospital for availability for
flight time.
    (c) No flight crewmember may accrue more than 8 hours of flight time
during any 24-consecutive hour period of a HEMES assignment, unless an
emergency medical evacuation operation is prolonged. Each flight
crewmember who exceeds the daily 8 hour flight time limitation in this
paragraph must be relieved of the HEMES assignment immediately upon the
completion of that emergency medical evacuation operation and must be
given a rest period in compliance with paragraph (h) of this section.
    (d) Each flight crewmember must receive at least 8 consecutive hours
of rest during any 24 consecutive hour period of a HEMES assignment. A
flight crewmember must be relieved of the HEMES assignment if he or she
has not or cannot receive at least 8 consecutive hours of rest during
any 24 consecutive hour period of a HEMES assignment.
    (e) A HEMES assignment may not exceed 72 consecutive hours at the
hospital.
    (f) An adequate place of rest must be provided at, or in close
proximity to, the hospital at which the HEMES assignment is being
performed.
    (g) No certificate holder may assign any other duties to a flight
crewmember during a HEMES assignment.
    (h) Each pilot must be given a rest period upon completion of the
HEMES assignment and prior to being assigned any further duty with the
certificate holder of--
    (1) At least 12 consecutive hours for an assignment of less than 48
hours.
    (2) At least 16 consecutive hours for an assignment of more than 48
hours.
    (i) The certificate holder must provide each flight crewmember at
least 13 rest periods of at least 24 consecutive hours each in each
calendar quarter.

Sec. 135.273  Duty period limitations and rest time requirements.

    (a) For purposes of this section--
    Calendar day means the period of elapsed time, using Coordinated
Universal Time or local time, that begins at midnight and ends 24 hours
later at the next midnight.
    Duty period means the period of elapsed time between reporting for
an assignment involving flight time and release from that assignment by
the certificate holder. The time is calculated using either Coordinated
Universal Time or local time to reflect the total elapsed time.
    Flight attendant means an individual, other than a flight
crewmember, who is assigned by the certificate holder, in accordance
with the required minimum crew complement under the certificate holder's
operations specifications or in addition to that minimum complement, to
duty in an aircraft during flight time and whose duties include but are
not necessarily limited to cabin-safety-related responsibilities.
    Rest period means the period free of all responsibility for work or
duty should the occasion arise.
    (b) Except as provided in paragraph (c) of this section, a
certificate holder may assign a duty period to a flight attendant only
when the applicable duty period limitations and rest requirements of
this paragraph are met.
    (1) Except as provided in paragraphs (b)(4), (b)(5), and (b)(6) of
this section, no certificate holder may assign a flight attendant to a
scheduled duty period of more than 14 hours.
    (2) Except as provided in paragraph (b)(3) of this section, a flight
attendant scheduled to a duty period of 14 hours or less as provided
under paragraph (b)(1) of this section must be given a scheduled rest
period of at least 9 consecutive hours. This rest period must occur
between the completion of the scheduled duty period and the
commencement of the subsequent duty period.
    (3) The rest period required under paragraph (b)(2) of this section
may be scheduled or reduced to 8 consecutive hours if the flight
attendant is provided a subsequent rest period of at least 10
consecutive hours; this subsequent rest period must be scheduled to
begin no later than 24 hours after the beginning of the reduced rest
period and must occur between the completion of the scheduled duty
period and the commencement of the subsequent duty period.
    (4) A certificate holder may assign a flight attendant to a
scheduled duty period of more than 14 hours, but no more than 16 hours,
if the certificate holder has assigned to the flight or flights in that
duty period at least one flight attendant in addition to the minimum
flight attendant complement required for the flight or flights in that
duty period under the certificate holder's operations specifications.
    (5) A certificate holder may assign a flight attendant to a
scheduled duty period of more than 16 hours, but no more than 18 hours,
if the certificate holder has assigned to the flight or flights in that
duty period at least two flight attendants in addition to the minimum
flight attendant complement required for the flight or flights in that
duty period under the certificate holder's operations specifications.
    (6) A certificate holder may assign a flight attendant to a
scheduled duty period of more than 18 hours, but no more than 20 hours,
if the scheduled duty period includes one or more flights that land or
take off outside the 48 contiguous states and the District of Columbia,
and if the certificate holder has assigned to the flight or flights in
that duty period at least three flight attendants in addition to the
minimum flight attendant complement required for the flight or flights
in that duty period under the certificate holder's operations
specifications.
    (7) Except as provided in paragraph (b)(8) of this section, a flight
attendant scheduled to a duty period of more than 14 hours but no more
than 20 hours, as provided in paragraphs (b)(4), (b)(5), and (b)(6) of
this section, must be given a scheduled rest period of at least 12
consecutive hours. This rest period must occur between the completion of
the scheduled duty period and the commencement of the subsequent duty
period.
    (8) The rest period required under paragraph (b)(7) of this section
may be scheduled or reduced to 10 consecutive hours if the flight
attendant is provided a subsequent rest period of at least 14
consecutive hours; this subsequent rest period must be scheduled to
begin no later than 24 hours after the beginning of the reduced rest
period and must occur between the completion of the scheduled duty
period and the commencement of the subsequent duty period.
    (9) Notwithstanding paragraphs (b)(4), (b)(5), and (b)(6) of this
section, if a certificate holder elects to reduce the rest period to 10
hours as authorized by paragraph (b)(8) of this section, the certificate
holder may not schedule a flight attendant for a duty period of more
than 14 hours during the 24-hour period commencing after the beginning
of the reduced rest period.
    (10) No certificate holder may assign a flight attendant any duty
period with the certificate holder unless the flight attendant has had
at least the minimum rest required under this section.
    (11) No certificate holder may assign a flight attendant to perform
any duty with the certificate holder during any required rest period.
    (12) Time spent in transportation, not local in character, that a
certificate holder requires of a flight attendant and provides to
transport the flight attendant to an airport at which that flight
attendant is to serve on a flight as a crewmember, or from an
airport at which the flight attendant was relieved from duty to
return to the flight attendant's home station, is not considered
part of a rest period.
    (13) Each certificate holder must relieve each flight attendant
engaged in air transportation from all further duty for at least 24
consecutive hours during any 7 consecutive calendar days.
    (14) A flight attendant is not considered to be scheduled for duty
in excess of duty period limitations if the flights to which the flight
attendant is assigned are scheduled and normally terminate within
the limitations but due to circumstances beyond the control of the
certificate holder (such as adverse weather conditions) are not at
the time of departure expected to reach their destination within the
scheduled time.
    (c) Notwithstanding paragraph (b) of this section, a certificate
holder may apply the flight crewmember flight time and duty limitations
and rest requirements of this part to flight attendants for all
operations conducted under this part provided that--
    (1) The certificate holder establishes written procedures that--
    (i) Apply to all flight attendants used in the certificate holder's
operation;
    (ii) Include the flight crewmember requirements contained in subpart
F of this part, as appropriate to the operation being conducted, except
that rest facilities on board the aircraft are not required; and
    (iii) Include provisions to add one flight attendant to the minimum
flight attendant complement for each flight crewmember who is in excess
of the minimum number required in the aircraft type certificate data
sheet and who is assigned to the aircraft under the provisions of
subpart F of this part, as applicable.
    (iv) Are approved by the Administrator and described or referenced
in the certificate holder's operations specifications; and
    (2) Whenever the Administrator finds that revisions are necessary
for the continued adequacy of duty period limitation and rest
requirement procedures that are required by paragraph (c)(1) of this
section and that had been granted final approval, the certificate holder
must, after notification by the Administrator, make any changes in the
procedures that are found necessary by the Administrator. Within 30 days
after the certificate holder receives such notice, it may file a
petition to reconsider the notice with the certificate-holding district
office. The filing of a petition to reconsider stays the notice, pending
decision by the Administrator. However, if the Administrator finds that
there is an emergency that requires immediate action in the interest of
safety, the Administrator may, upon a statement of the reasons, require
a change effective without stay.