[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR135.338]

[Page 1131-1132]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 135_OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES 
 
                           Subpart H_Training
 
Sec. 135.338  Qualifications: Flight instructors (aircraft) and flight 

instructors (simulator).

    (a) For the purposes of this section and Sec. 135.340:
    (1) A flight instructor (aircraft) is a person who is qualified to 
instruct in an aircraft, in a flight simulator, or in a flight training 
device for a particular type, class, or category aircraft.
    (2) A flight instructor (simulator) is a person who is qualified to 
instruct in a flight simulator, in a flight training device, or in both, 
for a particular type, class, or category aircraft.
    (3) Flight instructors (aircraft) and flight instructors (simulator) 
are those instructors who perform the functions described in Sec. 
135.321(a) and 135.323 (a)(4) and (c).
    (b) No certificate holder may use a person, nor may any person serve 
as a flight instructor (aircraft) in a training program established 
under this subpart unless, with respect to the type, class, or category 
aircraft involved, that person--
    (1) Holds the airman certificates and ratings required to serve as a 
pilot in command in operations under this part;
    (2) Has satisfactorily completed the training phases for the 
aircraft, including recurrent training, that are required to serve as a 
pilot in command in operations under this part;
    (3) Has satisfactorily completed the proficiency or competency 
checks that are required to serve as a pilot in command in operations 
under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 135.340;
    (5) Holds at least a Class III medical certificate; and
    (6) Has satisfied the recency of experience requirements of Sec. 
135.247.
    (c) No certificate holder may use a person, nor may any person serve 
as a

[[Page 1132]]

flight instructor (simulator) in a training program established under 
this subpart, unless, with respect to the type, class, or category 
aircraft involved, that person meets the provisions of paragraph (b) of 
this section, or--
    (1) Holds the airman certificates and ratings, except medical 
certificate, required to serve as a pilot in command in operations under 
this part except before March 19, 1997 that person need not hold a type 
rating for the type, class, or category of aircraft involved.
    (2) Has satisfactorily completed the appropriate training phases for 
the aircraft, including recurrent training, that are required to serve 
as a pilot in command in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command in 
operations under this part; and
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 135.340.
    (d) Completion of the requirements in paragraphs (b) (2), (3), and 
(4) or (c) (2), (3), and (4) of this section, as applicable, shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) An airman who does not hold a medical certificate may function 
as a flight instructor in an aircraft if functioning as a non-required 
crewmember, but may not serve as a flightcrew member in operations under 
this part.
    (f) A flight instructor (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved within the 12-month 
period preceding the performance of any flight instructor duty in a 
flight simulator; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.
    (g) The flight segments or line-observation program required in 
paragraph (f) of this section are considered completed in the month 
required if completed in the calendar month before, or in the calendar 
month after, the month in which they are due.

[Doc. No. 28471, 61 FR 30744, June 17, 1996; 62 FR 3739, Jan. 24, 1997]