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Old February 25th 04, 09:05 PM
Gary Drescher
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"Greg Esres" wrote in message
...
On Wed, 25 Feb 2004 16:37:20 GMT, "Gary Drescher"
wrote:

It's true that 119.1e2 exempts small-plane local sightseeing flights from
part 119, but I don't see how it exempts them from part 135. It does

exempt
them from 135.1a1, which refers back to part 119. But part 135's scope

also
includes 135.1a5, which applies specifically to local sightseeing, with

no
mention of part 119.


My vague understanding is that Part 119's purpose is to determine the
applicability of Part 135/121 to flights.


Right, and that's reflected by 135.1a1, which explicitly brings part 135 to
bear on flights covered by part 119.

So being exempted from Part119
is to be exempted from Part 135/121.


Pretty much, but 135.1a5 is an exception. It brings a little of part 135
(just the drug-testing) to bear on sightseeing flights, irrespective of part
119.

The key point is that the criteria enumerated in a1 through a7 needn't apply
all at once (or else, for instance, only mail-delivery flights would be
covered by part 135, as per a3). The listed criteria are distinct ways for
135 to be applicable. So being covered by part 119 is one way for part 135
to be applicable (as per a1); but being a local sight-seeing flight is
another way (as per a5).

At least, that's how it's written. I have no clue how it works in practice.


--Gary