Scheduled vs Unscheduled
06-16-2023, 12:12 PM
#1
Gets Weekends Off
Thread Starter
Joined APC: Jul 2007
Posts: 1,213
Scheduled vs Unscheduled
Looking over Flight time and Rest requirements for 135.......just wondering what determines if a carrier is 135.265 or 135.267?
I assume on demand would fall under unscheduled, while most fractional/corporate operators would be considered scheduled?
I assume on demand would fall under unscheduled, while most fractional/corporate operators would be considered scheduled?
06-18-2023, 07:28 AM
#2
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,026
What constitutes a scheduled operation, and the significance, is a complex subject (because of where it leads, how it's defined, and gotcha-details), but in a nutshell, an operator is determined to be conducting a scheduled operation anytime it holds out to the public a flying schedule in which the departure location, departure time, and arrival location are published in advance. This is in contrast to an on-demand operation in which those details are negotiated with the customer on a per-flight basis. As a general rule, an operator is not considered to have published a schedule if only two of the three items are held out (advertised by any means, including word of mouth), and the customer mades the determination for the third element. It doesn't matter which element (departure location, departure time, arrival location) the customer decides, but it must be the customers decision, to avoid the FAA determining that the operation is scheduled.
The difference isn't just one of duty times, flight times, limitations, and rest, but lies in the authorizations granted to the operator by the FAA (operating certification, operations specifications A.004). If an operator is granted certification as an on-demand operator and does not have authorization to conduct scheduled operations, the operator is in jeopardy of enforcement action. Depending on the aircraft and the nature of the operation, this could involve anything from a violation of the operations specifications and certificate issued to the operator, to a violation of Part 121 (even though the operator is a Part 135 operator), because the operation may be covered by 121.
On-demand operations involve certain types of aircraft, as well as the operation, in meeting the definition and applicability of "on-demand." The key difference between "on demand" and "scheduled" is whether the elements (departure location, departure time, arrival location) are held out in advance, or negotiated with and decided by the client.
The definitions that you're looking for are found in 14 CFR Part 110.2. This section sets the definitions for subpart G of section 1 of Title 14; subpart G covers air carriers for compensation or hire.
On-demand:
https://www.ecfr.gov/current/title-1...nd%20operation)
Conversely, "scheduled" is defined as:
https://www.ecfr.gov/current/title-1...ed%20operation)
Note that both on-demand, and non-scheduled operations differentiate from public charter operations.
You mentioned corporate operations. If true corporate operations, a corporation flying its own aircraft with its own personnel, not carrying others for compensation or hire, then the operation is generally done under Part 91, and whether or not it operates on a regular basis with an internal schedule, is irrelevant. If the operation carries persons or property for compensation or hire, then it falls under regulations requiring an operating certificate (eg, Part 135, etc). At that point, the regulations applicable to Part 135 come into play; those regulations do not apply to a Part 91 corporate airplane.
Likewise, you asked about fractional operations; fractional are typically Part 91 subpart K operations. Fractional operators can and often do hold part 135 certification, and the regulations applicable to that operator depend on what the operator is doing. Typically fractional operators don't do scheduled operations, but may carry certification to do so under Part 135. Again, the specifics of the authorization granted to a certificate holder, and the specifics of the operation itself, determine whether the operation is scheduled or not, and at its most basic level, comes down to the three elements of departure location, departure time, and arrival location: whether they are held out, determined in advance, or negotiated with (and decided by) the client.
The difference isn't just one of duty times, flight times, limitations, and rest, but lies in the authorizations granted to the operator by the FAA (operating certification, operations specifications A.004). If an operator is granted certification as an on-demand operator and does not have authorization to conduct scheduled operations, the operator is in jeopardy of enforcement action. Depending on the aircraft and the nature of the operation, this could involve anything from a violation of the operations specifications and certificate issued to the operator, to a violation of Part 121 (even though the operator is a Part 135 operator), because the operation may be covered by 121.
On-demand operations involve certain types of aircraft, as well as the operation, in meeting the definition and applicability of "on-demand." The key difference between "on demand" and "scheduled" is whether the elements (departure location, departure time, arrival location) are held out in advance, or negotiated with and decided by the client.
The definitions that you're looking for are found in 14 CFR Part 110.2. This section sets the definitions for subpart G of section 1 of Title 14; subpart G covers air carriers for compensation or hire.
On-demand:
On-demand operation means any operation for compensation or hire that is one of the following:
(1) Passenger-carrying operations conducted as a public charter under part 380 of this chapter or any operations in which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer's representative that are any of the following types of operations:
(i) Common carriage operations conducted with airplanes, including turbojet-powered airplanes, having a passenger-seat configuration of 30 seats or fewer, excluding each crewmember seat, and a payload capacity of 7,500 pounds or less, except that operations using a specific airplane that is also used in domestic or flag operations and that is so listed in the operations specifications as required by § 119.49(a)(4) of this chapter for those operations are considered supplemental operations;
(ii) Noncommon or private carriage operations conducted with airplanes having a passenger-seat configuration of less than 20 seats, excluding each crewmember seat, and a payload capacity of less than 6,000 pounds; or
(iii) Any rotorcraft operation.
(2) Scheduled passenger-carrying operations conducted with one of the following types of aircraft with a frequency of operations of less than five round trips per week on at least one route between two or more points according to the published flight schedules:
(i) Airplanes, other than turbojet powered airplanes, having a maximum passenger-seat configuration of 9 seats or less, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds or less; or
(ii) Rotorcraft.
(3) All-cargo operations conducted with airplanes having a payload capacity of 7,500 pounds or less, or with rotorcraft.
(1) Passenger-carrying operations conducted as a public charter under part 380 of this chapter or any operations in which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer's representative that are any of the following types of operations:
(i) Common carriage operations conducted with airplanes, including turbojet-powered airplanes, having a passenger-seat configuration of 30 seats or fewer, excluding each crewmember seat, and a payload capacity of 7,500 pounds or less, except that operations using a specific airplane that is also used in domestic or flag operations and that is so listed in the operations specifications as required by § 119.49(a)(4) of this chapter for those operations are considered supplemental operations;
(ii) Noncommon or private carriage operations conducted with airplanes having a passenger-seat configuration of less than 20 seats, excluding each crewmember seat, and a payload capacity of less than 6,000 pounds; or
(iii) Any rotorcraft operation.
(2) Scheduled passenger-carrying operations conducted with one of the following types of aircraft with a frequency of operations of less than five round trips per week on at least one route between two or more points according to the published flight schedules:
(i) Airplanes, other than turbojet powered airplanes, having a maximum passenger-seat configuration of 9 seats or less, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds or less; or
(ii) Rotorcraft.
(3) All-cargo operations conducted with airplanes having a payload capacity of 7,500 pounds or less, or with rotorcraft.
Conversely, "scheduled" is defined as:
Scheduled operation means any common carriage passenger-carrying operation for compensation or hire conducted by an air carrier or commercial operator for which the certificate holder or its representative offers in advance the departure location, departure time, and arrival location. It does not include any passenger-carrying operation that is conducted as a public charter operation under part 380 of this chapter.
Note that both on-demand, and non-scheduled operations differentiate from public charter operations.
You mentioned corporate operations. If true corporate operations, a corporation flying its own aircraft with its own personnel, not carrying others for compensation or hire, then the operation is generally done under Part 91, and whether or not it operates on a regular basis with an internal schedule, is irrelevant. If the operation carries persons or property for compensation or hire, then it falls under regulations requiring an operating certificate (eg, Part 135, etc). At that point, the regulations applicable to Part 135 come into play; those regulations do not apply to a Part 91 corporate airplane.
Likewise, you asked about fractional operations; fractional are typically Part 91 subpart K operations. Fractional operators can and often do hold part 135 certification, and the regulations applicable to that operator depend on what the operator is doing. Typically fractional operators don't do scheduled operations, but may carry certification to do so under Part 135. Again, the specifics of the authorization granted to a certificate holder, and the specifics of the operation itself, determine whether the operation is scheduled or not, and at its most basic level, comes down to the three elements of departure location, departure time, and arrival location: whether they are held out, determined in advance, or negotiated with (and decided by) the client.
06-19-2023, 09:30 PM
#3
Gets Weekends Off
Joined APC: Mar 2017
Posts: 176
And just to muddy the water...
Some companies have authorization from the FAA to use BOTH scheduled and unscheduled duty rules and can switch pilots back and forth when they switch between different runs with 24 hrs off...
Such as contract work vs charter.
Some companies have authorization from the FAA to use BOTH scheduled and unscheduled duty rules and can switch pilots back and forth when they switch between different runs with 24 hrs off...
Such as contract work vs charter.
Thread
Thread Starter
Forum
Replies
Last Post
