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  5. § 91.317
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14 CFR · Part 91

14 CFR § 91.317

Provisionally certificated civil aircraft: Operating limitations.

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Read in Subpart D
Part 91 Contents
  • Special Federal Aviation Regulation No. 50-2: Special Flight Rules in the Vicinity of the Grand Canyon National Park, AZ
  • Special Federal Aviation Regulation No. 60: Air Traffic Control System Emergency Operation
  • Special Federal Aviation Regulation No. 97: Special Operating Rules for the Conduct of Instrument Flight Rules (IFR) Area Navigation (RNAV) Operations using Global Positioning Systems (GPS) in Alaska
  • Special Federal Aviation Regulation No. 104: Prohibition Against Certain Flights by Syrian Air Carriers to the United States
  • Subpart A: General
  • Subpart B: Flight Rules
  • Subpart C: Equipment, Instrument, and Certificate Requirements
  • Subpart D: Special Flight Operations
  • Subpart E: Maintenance, Preventive Maintenance, and Alterations
  • Subpart F: Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft
  • Subpart G: Additional Equipment and Operating Requirements for Large and Transport Category Aircraft
  • Subpart H: Foreign Aircraft Operations and Operations of U.S.-Registered Civil Aircraft Outside of the United States; and Rules Governing Persons on Board Such Aircraft
  • Subpart I: Operating Noise Limits
  • Subpart J: Waivers
  • Subpart K: Fractional Ownership Operations
  • Subpart L: Continued Airworthiness and Safety Improvements
  • Subpart M: Special Federal Aviation Regulations
  • Subpart N: Mitsubishi MU-2B Series Special Training, Experience, and Operating Requirements
  • Appendix A to Part 91: Category II Operations: Manual, Instruments, Equipment, and Maintenance
  • Appendix D to Part 91: Airports/Locations: Special Operating Restrictions
  • Appendix E to Part 91: Airplane Flight Recorder Specifications
  • Appendix F to Part 91: Helicopter Flight Recorder Specifications
  • Appendix G to Part 91: Operations in Reduced Vertical Separation Minimum (RVSM) Airspace
(a)

No person may operate a provisionally certificated civil aircraft unless that person is eligible for a provisional airworthiness certificate under § 21.213 of this chapter.

(b)

No person may operate a provisionally certificated civil aircraft outside the United States unless that person has specific authority to do so from the Administrator and each foreign country involved.

(c)

Unless otherwise authorized by the Executive Director, Flight Standards Service, no person may operate a provisionally certificated civil aircraft in air transportation.

(d)

Unless otherwise authorized by the Administrator, no person may operate a provisionally certificated civil aircraft except—

(1)

In direct conjunction with the type or supplemental type certification of that aircraft;

(2)

For training flight crews, including simulated air carrier operations;

(3)

Demonstration flight by the manufacturer for prospective purchasers;

(4)

Market surveys by the manufacturer;

(5)

Flight checking of instruments, accessories, and equipment that do not affect the basic airworthiness of the aircraft; or

(6)

Service testing of the aircraft.

(e)

Each person operating a provisionally certificated civil aircraft shall operate within the prescribed limitations displayed in the aircraft or set forth in the provisional aircraft flight manual or other appropriate document. However, when operating in direct conjunction with the type or supplemental type certification of the aircraft, that person shall operate under the experimental aircraft limitations of § 21.191 of this chapter and when flight testing, shall operate under the requirements of § 91.305 of this part.

(f)

Each person operating a provisionally certificated civil aircraft shall establish approved procedures for—

(1)

The use and guidance of flight and ground personnel in operating under this section; and

(2)

Operating in and out of airports where takeoffs or approaches over populated areas are necessary. No person may operate that aircraft except in compliance with the approved procedures.

(g)

Each person operating a provisionally certificated civil aircraft shall ensure that each flight crewmember is properly certificated and has adequate knowledge of, and familiarity with, the aircraft and procedures to be used by that crewmember.

(h)

Each person operating a provisionally certificated civil aircraft shall maintain it as required by applicable regulations and as may be specially prescribed by the Administrator.

(i)

Whenever the manufacturer, or the Administrator, determines that a change in design, construction, or operation is necessary to ensure safe operation, no person may operate a provisionally certificated civil aircraft until that change has been made and approved. Section 21.99 of this chapter applies to operations under this section.

(j)

Each person operating a provisionally certificated civil aircraft—

(1)

May carry in that aircraft only persons who have a proper interest in the operations allowed by this section or who are specifically authorized by both the manufacturer and the Administrator; and

(2)

Shall advise each person carried that the aircraft is provisionally certificated.

(k)

The Administrator may prescribe additional limitations or procedures that the Administrator considers necessary, including limitations on the number of persons who may be carried in the aircraft.

Referenced By

Interpretations of This Section (1)

  • Willkie (Department of Commerce), 1990

Documents that cite this section, found in their catalog metadata or text. Listed by date, not by significance.

Regulations Referenced

14 CFR 21.21314 CFR 21.19114 CFR 91.30514 CFR 21.99

Reflects the eCFR edition current as of July 6, 2026. Retrieved from ecfr.gov on July 17, 2026.

Primary Source

  • Official Source (14 CFR · Part 91)