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View Full Version : Crewmember rules Pt 135/91


boofhead
16th Jan 2019, 02:22
I have to take a crewmember to handle some dangerous goods (hazmat) on a flight out to a remote location . The flight will be Part 135 because the cargo is chartered and the crewmember is not employed by me. He is a casual employee of the charterer I guess. Maybe he is just a friend and not taking any money for the duty. However he is crew. This is not meant to be a way to beat the regs but is meant to ensure that I am operating within the rules, which are unfortunately written in the usual woolly way most FARs are (a crewmember OR an employee). If I show him on the loadsheet or gen dec as crew that should be enough but maybe not.

The problem is the flight is too long (9 hours) for my pilot to fly out and back Part 135 and the payload precludes me putting a second pilot on board so it has to come back Part 91. What do I do with the crewman?

I figure that if he is need for the first leg he will still be crew for the second even if the cargo has been offloaded so I don't have to leave him behind (no accommodations anyway and no commercial flights available for him to come back). But I cannot leave the airplane there for the required rest either for the same reasons (and it would become a popsicle this time of the year).

The regs say that I can go Part 91 if the people on board are crew. He is not paying me for the flight and he is needed at least for the first leg and I would assume that the rules apply to the whole series of flights for that particular duty (out and back).

So what do you guys say? Can I carry him out and back in the mixed flight 135/91?