(ii)
Notwithstanding the requirements of subparagraph d.(6)(a) above, this determination and knowledge described in subparagraph d.(6)(b)(i) above may be made for the certificate holder by pilots and/ or flight crewmembers assigned to a flight or series of flights, in accordance with policies, procedures, and standards prescribed by the certificate holder.
(A)
Such non-management persons shall meet the requirements of Section 119.69(d), and their names, titles, and duties, responsibilities, and authorities shall be specified in the general operations manual, or described in subparagraph a. above, or
(B)
Those certificate holders issued operations specification A039 or A040, the persons listed in those operations specifications must determine and have sufficient knowledge of whether a Part 135 flight or series of flights can be initiated, conducted, or terminated safely in accordance with the authorizations, limitations, and procedures approved in subparagraph a. above and in accordance with the appropriate regulations.
(7) Operational Control Information Requirements:
(a)
Prior to the certificate holder conducting any flight operation under Part 135, the certificate holder must provide information to the designated pilot in command (PIC) that indicates which flight or series of flights will be conducted under Part 135, that indicates which Part 91 flights will be conducted by the certificate holder, and that the certificate holder is accountable and responsible for the safe operations of these flights or series of flights. (For those issued operations specification A039 or A040 the pilots listed in those operations specifications are accountable and responsible for the safe operations of these flights or series of flights.)
(b)
The system of operational control for Part 135 operations must ensure that each pilot is knowledgeable that the failure of a pilot to adhere to the certificate holder’s directions and instructions, or compliance with directions or instructions from an aircraft owner (other than the certificate holder), or any other outside private person or private entity, that are contrary to the certificate holder’s directions or instructions, while operating aircraft under these operations specifications, may be contrary to Parts 119 and/or 135, and therefore may be subject to legal enforcement action by the FAA.
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