(4) Use of Other Business Name(s) (DBAs):
(a)
The certificate holder may not allow or create the circumstances that would enable any other entity to conduct a flight for compensation or hire under Parts 119, 121 or 135 as if that entity were the certificate holder.
(b)
The certificate holder shall not operate an aircraft under Part 135 under the name or fictitious name of any other person or entity, unless authorized in operation specification A001 of these operations specifications. Such authorization does not authorize any person or entity, other than the certificate holder, to conduct operations under the certificate holder’s certificate and operations specifications.
(c)
The certificate holder may not allow the use of a fictitious name to obscure the certificate holder’s responsibility and accountability to exercise operational control over its flight operations.
(5) Aircraft Operation Agreements and Other Arrangements.
(a)
In accordance with Section 119.53(b), the certificate holder may not wet lease from or enter into any wet leasing arrangement with any person not authorized by the FAA to engage in common carriage operation under Parts 121 or 135, whereby that other person provides an aircraft and at least one crewmember to the certificate holder. This requirement does not prohibit the separate use of a crewmember by the certificate holder when that crewmember is also employed by the aircraft’s owner or lessor.
(b)
Any agreement or arrangement between the certificate holder and an aircraft owner must fully explain how the certificate holder oversees and ensures that only airworthy aircraft are used in its Part 135 operations.
(c)
The certificate holder’s operational control system must include a system of ensuring that it has complete, effective and sustainable operational control over each aircraft operated under these operations specifications, and that no surrender or loss of operational control exists.
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