Legal Interpretations

FlightPush Summary

A requester asked whether a pilot who lists available days and is not called between Monday and Thursday is in rest under 14 CFR 135.267(b) and (d). The FAA said it depends on whether the rest was known in advance, continuous, and free from all restraint, which the scenario did not show. It added that the one phone call analysis applies to returning missed calls.

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A pilot asked whether IFR or IMC flight in Class G airspace requires a clearance and whether airline checks count for part 91 currency. The FAA said 14 CFR 91.173 requires a clearance only in controlled airspace, subject to 14 CFR 91.13; part 121 or 135 checks cover instrument currency only when flying for that certificate holder, and check airman proficiency checks substitute for flight reviews.

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Student unmanned aircraft flights within accredited coursework are hobby or recreational use under section 336 of the FAA Modernization and Reform Act of 2012, if the students meet its conditions and receive no related compensation. Hobbyists may fly school demonstrations if any compensation is unrelated to their flying, and faculty may give only de minimis help. The memo notes it may need revisiting after the small UAS final rule.

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An air traffic controller asked whether a pilot cleared for a visual approach can do whatever they want because the AIM is not regulatory. The FAA said no: VFR weather minimums, separation from the aircraft being followed, and the duty to follow ATC instructions unless an emergency exists still apply, so an assigned 30-degree intercept must be flown.

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The FAA's Office of the Chief Counsel concluded that supersonic flight over the United States using Mach cutoff does not comply with 14 CFR 91.817, because paragraph (a) bans exceeding Mach 1 whether or not a boom reaches the ground. Paragraph (b) protects against booms created outside U.S. borders. Mach cutoff would need an exemption or rule change, and research does not yet show it is predictable.

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A law office asked whether an FBO's rental airplanes need 100-hour inspections under 14 CFR 91.409(b) when renters hire their own flight instructors. The FAA said no, under the narrow facts given, because the renter, not the instructor or the FBO, provides the aircraft, but warned against using the arrangement as a work-around.

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Shuttle America asked whether missing parts not listed in its MEL could be deferred. The FAA said MEL relief may be taken for the whole system when a component directly supporting a listed system fails, except warning/caution systems. A missing engine fire handle O-ring cannot be deferred under NEF because it is part of the engine fire suppression system, which affects safe operation.

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A part 121 cargo operator must obtain exemptions from 14 CFR 25.855(a) and 14 CFR 25.857(e) to carry animal handlers in a Class E cargo compartment, because 14 CFR 121.583 relieves only certain operating rules, not 14 CFR part 25 airworthiness standards. The FAA may attach conditions beyond 14 CFR 121.583, and an exit-slide exemption was also required for Kalitta's Boeing 727.

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An Atlas Pilots committee member asked how flag-operation rest under 14 CFR 121.485(b) is computed and whether it can be taken during a company-paid commute home. The FAA said rest is twice the hours flown in crews of three or more pilots plus an additional crewmember, and a voluntary commute is not deadhead and does not count against rest, though the pilot must still obtain sufficient pre-duty sleep.

FlightPush Summary

A hand-held or wrist-worn watch does not satisfy the IFR clock requirement in 14 CFR 91.205(d)(6); the clock must be installed and working. An installed appliance such as a GPS may serve, as long as it has a permanent clock display showing hours, minutes, and seconds with a sweep-second pointer or digital presentation.

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Alpha Technologies asked whether a pilot's G280 type-rating practical test also counts as a PIC proficiency check for its Gulfstream G150. The FAA said it may satisfy the 12-month check under 14 CFR 61.58(a)(1), but not the 24-month check under 14 CFR 61.58(a)(2), which must be completed in the same category, class, and type as the G150.

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An EASA examiner giving a flight test in an N-registered aircraft to a student holding only an FAA student pilot certificate must act as pilot in command for compensation or hire. That requires an FAA commercial pilot certificate and at least a second class medical certificate under 14 CFR 61.23(a)(2); a private pilot certificate is not enough.

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A requester asked whether club-leased aircraft registered to individuals, including club members, count as club owned for the 100-hour inspection rule. The FAA said no, but explained that ownership is not decisive: under 14 CFR 91.409(b), the inspection applies when the instructor giving instruction for hire also provides the aircraft, not when the student provides it.

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A pilot school seeking examining authority must meet the 10-student and 90 percent first-time pass requirements of 14 CFR 141.63(a)(5) separately in each course, though one student trained in several courses counts toward each. The inspector correctly denied Arizona Aero-Tech because no course had at least 10 students trained and recommended.

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Rose Aircraft Services asked the FAA to define the indicators of probable drug use that justify a reasonable cause test under 14 CFR 120.109. The FAA said testing must rest on a reasonable and articulable belief based on such indicators, cited examples like mood swings and changes in appearance, attitude, and speech, and pointed to its documentation form checklist covering appearance, behavior, motor skills, speech, and odor.

FlightPush Summary

A contractor with its own drug testing program, like Job Aire Group, must meet 14 CFR part 120, subpart E as if it were the employer, so its own supervisors, possibly including on-site coordinators, make reasonable-cause testing decisions under 14 CFR 120.109(d). Client certificate holders' supervisors may share observations but not decide. An employee who fails to appear for a directed test could be found to have refused.

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A pilot asked whether the landing pilot in a three-pilot crew must take an in-flight rest break even when the pilot would rather not. The FAA said yes: 14 CFR 117.17(c)(1) requires two consecutive hours of rest in the second half of the flight duty period for the landing pilot, regardless of crew size or personal choice.

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A flight instructor asked whether the 80 hours of instruction required by 14 CFR 61.195(h)(2)(v) before training first-time glider instructor applicants must be given in gliders. No: instruction given in airplanes and helicopters can count, but adding a glider rating does not by itself confer eligibility, and every requirement of 14 CFR 61.195(h)(2) must be met.

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A Gold Seal flight instructor asked whether the 3 hours of private pilot instrument training under 14 CFR 61.109(a)(3) count toward the instrument rating. The FAA said they count toward the 40 hours of instrument time in 14 CFR 61.65(d)(2), but toward the 15 hours of instrument training only if the instructor held an instrument rating on the flight instructor certificate.

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A model aircraft hobbyist asked whether models the owner did not plan to fly for two to three years had to be registered. The FAA said registration is required only for small unmanned aircraft operated in the national airspace system, so the owner complies as long as registration under 14 CFR part 47 or 14 CFR part 48 is completed before flying them.

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SpaceX asked whether a captive insurance company could satisfy the launch and reentry financial responsibility rule in 14 CFR 440.9(f). The FAA said it could, as an alternative to standard insurance, if it demonstrates financial responsibility at a level acceptable to the FAA. The standard insurance conditions in 14 CFR 440.13 do not necessarily all apply, and the FAA assesses such cases individually.

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A requester asked how the 14 CFR 117.5 fitness-for-duty rule applies to fatigue. The FAA said fitness is an individual determination, so slight fatigue or 16 hours awake is not automatically disqualifying. A crewmember may fly only the segments for which he or she is fit and need not plan for an extension that has not been decided.

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Metal Innovations, a repair station, asked whether noncertificated contractors' equivalent quality control systems must include FAA drug and alcohol testing, and how "inspection" is defined for verifying their work. The FAA said the quality control system does not include drug and alcohol testing, though persons performing safety-sensitive functions for an employer need such a program. Inspection is not formally defined; the repair station should follow its quality control manual.

FlightPush Summary

Orbital ATK, a launch vehicle component supplier, asked whether the insurance a launch licensee must buy covers it. The FAA said contractors are additional insureds against third-party claims under the licensee's 14 CFR 440.9 policy, but under the 14 CFR 440.17 reciprocal waiver each party bears its own property and employee losses regardless of fault. The FAA would not advise on buying extra insurance.

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Civic Helicopters asked four questions about the 5-day notice required by 14 CFR 119.63(b) before resuming Part 135 operations. The FAA said the notice need not list flight details, stays valid if the flight changes as long as it came at least 5 days before the flight, and should not precede the flight by more than 90 days; a competency/proficiency check can count toward the 90-day recency rule.

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The Los Angeles County Sheriff's Department asked whether a manager evaluating its search and rescue program could stay aboard when a flight becomes a public aircraft operation. The FAA said no: evaluation is not a governmental function, so the manager is not a qualified non-crewmember, and anyone who does not qualify must be dropped off before the public aircraft operation begins.

FlightPush Summary

A U.S. repair station may prepare an air carrier's airworthiness release or log entry, but only a certificated mechanic or repairman authorized by the air carrier may sign it, on the air carrier's behalf. The FAA issued this to clarify its January 5, 2009 interpretation, noting that the carrier remains primarily responsible for its maintenance.

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Aircraft owners/operators and A&P mechanics may assist an IA holder with an annual inspection under supervision, handling preliminary tasks such as removing inspection plates, access doors, fairings, and cowlings and cleaning the aircraft. They may not inspect the listed items or make airworthiness determinations; only the IA holder may do that and approve the aircraft for return to service.

FlightPush Summary

Humanitarian Air Logistics asked whether medical and disaster relief flights qualify as state aircraft under the Chicago Convention. The FAA said purpose alone does not decide it: a U.S. government department or agency must request and obtain a state aircraft designation through diplomatic channels, and a non-governmental entity can never self-designate. State aircraft also need foreign authorization to overfly or land and receive no FAA safety oversight.

FlightPush Summary

A requester asked whether commercial balloon training can be logged before earning a private pilot certificate. The FAA said yes, because eligibility is judged when applying for the practical test, and that the commercial knowledge test may be taken at any time, with results valid for 24 months. The interpretation corrects a May 12, 2015 letter, which the FAA struck from its database.

FlightPush Summary

CAE Aviation asked whether a foreign pilot license can be used to fly a U.S.-registered aircraft anywhere in a foreign country's Flight Information Region, including over the sea beyond its territorial waters. The FAA said no: under 14 CFR 61.3(a), "within a foreign country" means its land and territorial waters, so the operation described requires an FAA-issued pilot certificate.

FlightPush Summary

Student pilot solo endorsement rules in 14 CFR part 61, subpart C do not apply to pilots holding higher certificates who are adding a category or class rating. Those pilots need a 14 CFR 61.31(d) solo endorsement from an authorized instructor, which has no time limit, and must meet the 14 CFR 61.56 flight review requirements.

FlightPush Summary

Winner Aviation Corporation asked what qualifies a voluntary second pilot as SIC in single-pilot part 135 operations and whether a cockpit voice recorder is then required. The FAA said meeting 14 CFR 135.245 and 14 CFR 135.293 qualifies the pilot, subject to other operator requirements, and that 14 CFR 135.151 requires a CVR when the flight is flown as a two-pilot operation without the autopilot.

FlightPush Summary

Allegiant Travel Company asked whether post-flight random drug and alcohol testing counts as duty or rest under 14 CFR part 117. The FAA said testing after the day's flying is neither part of the flight duty period nor rest, because the pilot is not free from all restraint; the conclusion does not apply to testing before or between segments.

FlightPush Summary

The FAA revised its October 2014 Landis interpretation and concluded that a cockpit voice recorder is not required for single-pilot IFR operations under 14 CFR 135.105 when the required autopilot is used and authorized by operations specifications. If the autopilot is not functional, the aircraft is limited to single-pilot VFR or two-pilot operations under an approved SIC program with a CVR installed.

FlightPush Summary

A Kaua'i County Council member asked whether billing rescued people for helicopter fuel would end the county's public aircraft status. The FAA said yes: such reimbursement is compensation under 49 U.S.C. 40125, giving the operation a commercial purpose, so charging for any part of rescue services would require qualifying as a civil air carrier.

FlightPush Summary

Horizon Air may use Exemption No. 3585 with forecasts from the National Weather Service or from its FAA-approved Enhanced Weather Information System, which may include commercial provider forecasts. The FAA corrected its January 5, 2011 Vestal interpretation, which had said the exemption could be used only with National Weather Service forecasts.

FlightPush Summary

A requester asked whether non-required equipment that has been disabled, with a proper maintenance entry, still counts as operative. The FAA said no: disabled equipment is inoperative, and taking off with it installed must meet 14 CFR 91.213, using an approved MEL if one exists or the 14 CFR 91.213(d) conditions if not.

FlightPush Summary

A requester asked whether a pilot may file IFR to an airport without an instrument approach if an alternate is listed, and whether a suitable alternate excuses missing navigation equipment. The FAA said yes to the first under 14 CFR 91.169, but no to the second: 14 CFR 91.205(d)(2) requires navigation equipment suitable for the route to be flown.

FlightPush Summary

A requester asked whether a Part 121 pilot may accept a CPDLC reroute before takeoff without dispatcher concurrence. The FAA said no, unless the pilot and dispatcher agreed during preflight planning that the flight could safely be conducted on that route, having considered fuel, performance, weather, and delays.

FlightPush Summary

Aviation Compliance LLC asked whether helicopter aerial hog hunting flights qualify for the 14 CFR 119.1(e)(7) exception from certification. The FAA said no, because the flights would not necessarily depart from an airport and would exceed six per year, and no other exception appears to fit. Assuming compensation, they require a 14 CFR part 119 certificate and compliance with 14 CFR part 135.

FlightPush Summary

A private pilot applicant must hold at least a third-class medical certificate to take the practical test, even when the examiner acts as pilot in command, and the FAA cannot issue the certificate without one. A student may train in the flight portion of a 14 CFR part 141 Appendix B course without a medical, but not solo. A student-pilot-only medical does not qualify for the practical test.

FlightPush Summary

Palm Beach Helicopters asked whether an end-of-course test at a part 141 school with examining authority is a practical test. The FAA said yes, so under 14 CFR 61.39(a)(4) the applicant must hold at least a third-class medical certificate before taking it.

FlightPush Summary

CommuteAir asked whether a newly certificated mechanic has 24 months before 14 CFR 65.83 applies. The FAA said the rule applies to every certificated mechanic, who must meet it before exercising certificate privileges, and that pre-certification experience may be applied. It corrects and replaces a November 4, 2015 interpretation that cited the wrong regulations.

FlightPush Summary

A requester asked about flight time limits for a four-pilot all-cargo crew under the part 121 international rules. The FAA said 14 CFR 121.523 allows 12 hours aloft in 24 hours without adequate sleeping quarters, up to 30 hours with them, and 350 hours in 90 days. A preceding part 91 ferry segment counts toward the limits.

FlightPush Summary

The FAA's Flight Standards Service asked how dispatcher duty time limits apply. The Office of the Chief Counsel said training, familiarization flights, and other duties assigned by the certificate holder count as duty under 14 CFR 121.465, but dispatchers used only in supplemental operations are not subject to those limits, because 14 CFR 121.461(a) applies them to domestic and flag operations.

FlightPush Summary

The FAA's Office of the Chief Counsel concluded that a letter of deviation authority under 14 CFR 91.319(h) cannot be issued for space flight participant training in experimental aircraft. Flight training covers only training pilots and other flightcrew members to operate aircraft, and space flight participants are not crewmembers. The memo clarifies contrary suggestions in a 2013 Starfighters, Inc. petition denial.

FlightPush Summary

A 2015 memorandum corrects how the FAA's 2014 Kelley interpretation paraphrased 14 CFR 135.243(a)(1). The rule requires a part 135 pilot in command to hold an airline transport pilot certificate for passenger-carrying operations in a turbojet airplane, in an airplane with 10 or more passenger seats, or in a multiengine airplane in commuter operations. The correction does not change Kelley's legal analysis.