[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR218.3]

[Page 56]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 218_LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF 
AIRCRAFT WITH CREW--Table of Contents
 
Sec. 218.3  Prohibition against unauthorized operations employing aircraft 
leased with crew.

    (a) No foreign air carrier, or other person not a citizen of the 
United States, shall lease an aircraft with crew to a foreign air 
carrier for use by the latter in performing foreign air transportation 
unless either:
    (1) The lessor holds a foreign air carrier permit issued under 
section 402 of the Act or an approved registration issued under part 294 
of this chapter, and any statement of authorization required by part 212 
of this chapter; or
    (2) The Board has issued an exemption under section 416 of the Act 
specifically authorizing the lessor to engage in the foreign air 
transportation to be performed under the lease; or
    (3) The Board has issued an order under Sec. 218.6 disclaiming 
jurisdiction over the matter.
    (b) For purposes of this part, an aircraft shall be considered to be 
leased with crew if:
    (1) The pilot in command or a majority of the crew of the aircraft, 
other than cabin attendants:
    (i) Is to be furnished by the lessor;
    (ii) Is employed by the lessor;
    (iii) Continues in the employ of the lessor in the operation of 
services other than those provided for in the agreement between the 
parties; or
    (iv) Has been employed by the lessor prior to the lease, and the 
employment of whom by the lessee is coextensive with the period or 
periods for which the aircraft is available to the lessee under the 
lease; or
    (2) The aircraft is operated under operations specifications issued 
to the lessor by the Federal Aviation Administration.

[ER-716, 36 FR 23148, Dec. 4, 1971, as amended by ER-1250, 46 FR 47770, 
Sept. 30, 1981; ER-1260, 46 FR 52598, Oct. 27, 1981]