Originally Posted by
Xdashdriver
Thinking like a lawyer first means being able to read like a lawyer. 121.436(a)(3) says, in part, only time spent as PIC IN operations under 91.1053 counts. 91.1053 is part of the fractional ownership rules. In other words, if you have not served as as a fractional program PIC, you cannot count hours spent as some other part 91 PIC towards being a part 121 PIC.
This situation is addressed in scenario 1 of the Kelley interpretation posted above and since it is an interpretation issued by the FAA lawyers, it carries legal weight. There's really no issue understanding WHAT the reg says, just an issue understanding WHY it says what it says.
Dashdriver,
Correct, but CaptPappy is also correct with more specifically stating you can only log time meeting the criteria of (a)(2)(i), not just 91.1053... If you could log all PIC time under just 91.1053, SICs could log 'sole manipulator' time towards 121.436. That's why they specify §91.1053
(a)(2)(i).
As for the why, see my first post in this thread.
Originally Posted by
CaptPappy
skydrol,
If you hold an ATP, you are covered under 121.436.
- pilot in command in operations under §91.1053(a)(2)(i) of this chapter
§91.1053(a)(2)(i)
- (2) For multi-engine turbine-powered fixed-wing and powered-lift aircraft, the following FAA certification and ratings requirements:
(i) Pilot in command—Airline transport pilot and applicable type ratings.
Do you hold the requirements of §91.1053(a)(2)(i)?
I don't know you... but I would think you do.
For example, the regs do not specify you need 1000 hours under 91 as PIC, they just state you need to hold an ATP and appropriate Type rating.
The comma means everything....
Think like a lawyer... not a pilot.. and you'll be fine..
(i also agree with the above who stated to not bother with a local FSDO... I recommend you call OKC instead).
My opinion? The FAA screwed the pooch.. as usual. But you can work it to your advantage.
§91.1053 only applies to subpart K operations... aka: fractional ownership, Not Part 91 operations in general. Flying for a Part 91 corporate flight department does not count towards 121.436.
Skydrol,
Feel free to PM if you want to discuss this off the board to see if you can use §91.1053(a)(2)(i). I am currently a 91K PIC.