Lloyd 2008

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U.S. Deportment
of Tra llPOfkrt!OI •
Federal Avtallon
AdmlNltratlon
Barry C. Lloyd
800 lndepe11de11ce Ave.• S.W.
Washington, O.C . 20591
JAN 8 m
RE: Legal Interpretation For Helicopter Taxi Operations
Dear Mr. Lloyd:

In a letter dated October 17, 2007 you requested a legal interpretation involving the hovering of a helicopter over an airport located in Class B, C, D or E airspace. The three questions you presented are:

(1) Is a helicopter which is in hovering flight without contact with the ground in a Class B, C, D or E surface area, considered to be "operating" for the purposes of applicability of J4 CFR § 91.155 and 14 CFR § 91.157 weather minimums?

(2) In weather conditions Jess than basic VFR, may a helicopter be flown in a hover taxi to reposition the aircraft on an airpon in a Class B, C, Dor E surface area, without having to obtain a Special VFR clearance for such an operation from the controJJing authority?

In consultation with the FAA ' s Flight Standards Division, the FAA can find no violation to 14 C.F.R. §§ 91.123(a) or (b), 91.155, or 91.157, if a helicopter pilot chooses to ground taxi or air taxi from one position on the airport to another position at that same airport. Any procedural issues on when and how such a flight should be conducted is an issue to be discussed and decided between the pilot-in-command and Air Traffic Control (ATC) responsible for the airport's airspace.

To the extent that a helicopter pilot taxis the helicopter at low altitudes from one area at an airport to another, such taxi operations are considered ground operations. If the airport is not subject to an ATC tower, then such helicopter taxiing operations an: treated like any other aircraft ground operations. As stated in the Aeronautical Information Manual (A JM), Chapter 4, paragraph 4-3-17 (a.)(3)(b):

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''Controllers nonnally limit ATC ground service and instruction to movement areas; therefore, operations from nonmovement areas arc conducted at pilot discretion and should be based on local policies, procedures, or letters of agreement. In order to maximize the flexibility of helicopter operations, it is necessary to rely heavily on sound pilot judgment For example, hazards such as debris, obstructions, vehicles, or personnel must be recognized by the pilot, and action should be taken as necessary to avoid such hazards. Taxi, hover taxi, and air taxi operations are considered to be ground movements. Helicopters conducting such operations are expected to adhere to the same conditions, requirements, and praci~ as apply to other ground taxiing and ATC procedures in the AIM." This response was prepared by Bruce Glendening, Attorney in the Regulations Division of the Office of the Chief Counsel and has been coordinated with the Gcncral Aviation and Commercial Division, AFS-800 of Flight Standards Service. If you have additional questions regarding this matter, please contact us at your convenience at (202) 267-3073.

Sincerely,

fa1i(~~ ~-- 0JJ--Rebecca MacP~~n

Assistant Chief Counsel,

Regulations Division (AGC-200)