Legislation and Regulations: RBAC 135, RBAC 91 and Related ANAC Norms
The regulatory hierarchy
Brazilian civil aviation regulation is built in layers. The Lei de Criação da ANAC and the Código Brasileiro de Aeronáutica (Lei 7.565/86) sit at the top, followed by ANAC Resoluções, then the RBAC (Regulamento Brasileiro da Aviação Civil) series, then Instruções Suplementares (IS) and ISs to RBACs. Questions frequently test which instrument actually binds the operator. A common trap is treating an IS as if it were the RBAC itself: the IS explains acceptable means of compliance, while the RBAC contains the requirement.
RBAC 135 versus RBAC 91
RBAC 91 governs general operating and flight rules for all civil aircraft; RBAC 135 governs commercial air transport operations with aircraft of up to 19 passenger seats or up to 19,000 kg MTOW (or helicopters). A frequent exam trap is the subpart structure: Subpart A general, B flight operations, C aircraft requirements, D operational control, E crew, F duty limits, G maintenance. Note that RBAC 135 operators must also comply with RBAC 91 unless a specific 135 provision supersedes it. Certificates and operations specifications (Especificações Operativas) define the authorised scope, and operating outside them is a violation even if the flight is technically safe.
Traps to watch
- Confusing the operator certificate (CO) with the airworthiness certificate (CA).
- Assuming a foreign licence alone validates commercial operation in Brazil; validation (validação) is required.
- Mixing RBAC 121 (large aircraft) thresholds with 135.
- Forgetting that RBAC 91 Subpart K, RBAC 135 and RBAC 121 each carry their own equipment lists.
Rule of thumb
When in doubt, ask: who is the operator, what certificate and operations specifications apply, and which RBAC subpart is the most specific? The most specific applicable rule controls.