Legal Interpretations

FlightPush Summary

Military UH-1 helicopter time logged while holding an FAA commercial helicopter certificate may be credited toward an instrument rating under 14 CFR 61.65(e) and toward commercial airplane cross-country experience, assuming the flights otherwise met the regulations. Whether the helicopter simulator is an acceptable instrument ground trainer is a question for the local Flight Standards District Office.

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A requester asked whether a private pilot with a free balloon rating may accept balloon-event incentives under 14 CFR 61.118. The FAA said it depends on whether each is compensation: a paid entry fee conditioned on flying, free propane, and mileage are compensation, while unconditional lodging and meals, prize money, required banners, and carrying non-paying riders are not.

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The Soaring Society of America asked why Class A airspace deviation requests must now be coordinated with the local FSDO. The FAA said it has broad authority to set internal coordination procedures, and after a 2020 safety review it requires both the FSDO and the ATC facility to consider any waiver or deviation request under 14 CFR 91.135.

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A Part 135 certificate holder seeking an Approved Aircraft Inspection Program (AAIP) for a make and model under 14 CFR 135.419(a) must have exclusive use of at least one aircraft of that same make and model. Exclusive use of a different make and model does not count, and the FAA confirmed its Order 8900.1 guidance saying so is correct.

FlightPush Summary

To obtain an approved aircraft inspection program for a make and model under 14 CFR 135.419(a), a part 135 certificate holder must have exclusive use of at least one aircraft of that make and model. Other aircraft of the same model may be shared, but exclusive use of a different model, such as a Caravan for a King Air program, does not count.

FlightPush Summary

Flight Standards asked what exclusive use 14 CFR 135.419(a) requires for an approved aircraft inspection program. The Office of the Chief Counsel said the certificate holder must have exclusive use of at least one aircraft of each make and model covered by the program; exclusive use of a different model does not count. The FAA Order 8900.1 guidance saying so is correct.

FlightPush Summary

A manufacturer's recommended TBO in an engine maintenance manual is not mandatory for a 14 CFR part 91 operator. It becomes mandatory only if it is in the FAA-approved Airworthiness Limitations section or required by an Airworthiness Directive or other FAA regulation.

FlightPush Summary

An individual asked whether the operating conditions in 14 CFR 91.225(e)(1) and (e)(2) limit aircraft without electrical systems in Class E airspace at and above 10,000 feet MSL under 14 CFR 91.225(d)(4). The FAA agreed they do not, because those conditions address different airspace. These aircraft still need ADS-B Out in Class B and C airspace and above those areas within their lateral boundaries under 14 CFR 91.225(d)(1) and (d)(3).

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Williams International Air, Inc. asked how 14 CFR 91.511(d) applies to a part 91 flight from New York to London needing HF radio over the North Atlantic. The FAA said the "route" is the entire route, one HF transmitter and one HF receiver suffice when the airplane has two VHF transmitters and receivers, and the rule sets no geographic limit.

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The Aircraft Electronics Association asked what "inspected" means in 14 CFR 91.405(c). The FAA said an inoperative item that is not repaired, replaced, or removed must be reevaluated at each required inspection, and that may continue indefinitely if documented each time. The item must be placarded, and equipment listed in 14 CFR 91.213(d)(2) must be operative.

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Dynamic Aviation - Helicopters asked whether helicopter chasing of wild cows and horses for an Indian tribe is aerial work. The FAA said it is closely relatable to bird chasing under 14 CFR 119.1(e)(4)(i) and could be conducted under 14 CFR part 91 if the other aerial work criteria are met, but it lacked enough information to decide whether they were.

FlightPush Summary

The FAA affirmed its reading of 14 CFR 91.185(c)(3)(ii). A pilot who loses two-way radio communication and reaches the destination clearance limit early should hold at the approach fix and begin descent and approach as close as possible to the estimated time of arrival; an operable transponder is not a substitute for two-way communication.

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Blue Line Aviation asked whether rental aircraft used for renter checkouts need 100-hour inspections if the school does not charge for the instructor. The FAA said a checkout with flight training triggers 14 CFR 91.409(b) when the school provides the aircraft and instructor and receives compensation, and bundling the instructor's cost into rental or membership fees does not avoid it.

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A flight instructor giving multiengine training to a pilot without a multiengine rating must act as pilot in command and needs a third class medical certificate unless operating under BasicMed. Instrument instruction cannot be given from a jump seat or passenger seat; the instructor must occupy a pilot station with access to the controls.

FlightPush Summary

Manufacturer additions to maintenance manuals or ICA are generally not mandatory for part 91 or part 135 operators if other acceptable methods are used. They become mandatory through the FAA-approved Airworthiness Limitations section, an AD or other FAA rule, or the operator's inspection or maintenance program. A TBO in a manual is not mandatory by itself.

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A requester argued that an LLC wholly owned and solely managed by one person is indistinguishable from that person and could fly the owner and guests under 14 CFR 91.501(b)(4). The FAA disagreed: LLCs are treated as corporations under that rule, the Member is not the operator, and the Member's capital contributions covering aircraft costs are compensation, so the operation is not permissible.

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A requester asked whether part 91 rules let an aircraft fly indefinitely with inoperative equipment. The FAA said no: 14 CFR 91.213(d)(2) must be read with the rest of 14 CFR 91.213(d), and 14 CFR 91.405(c) requires inoperative items allowed under it to be repaired, replaced, removed, or inspected at the next required inspection.

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FAA air traffic officials asked whether an aircraft may broadcast its registration number as its ADS-B Flight ID while filing a flight plan under a different call sign. The FAA said no: 14 CFR 91.227(d)(8) requires the flight plan call sign and the ADS-B broadcast to match so ATC can correlate them.

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Crowe & Dunlevy asked whether its manufacturer client could use time sharing agreements with a few dealers to recover costs of customer site-visit flights. The FAA said the flights likely remain private carriage and three to five agreements, limited to 14 CFR 91.501(d) charges, are acceptable, but because 14 CFR 91.501(b)(9) bars charging prospective customers, agreements with all or a substantial number of them would be improper.

FlightPush Summary

A pilot asked whether a Cessna 172 could fly on its white strobes alone after its red rotating beacon failed and was placarded and logged. The FAA said no, absent a waiver: the beacon and strobes form one anticollision light system, and 14 CFR 91.209(b) requires an aircraft equipped with such a system to have lighted anticollision lights.

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Procopio asked whether a no-payment turbojet lease, flown by the lessee's CEO who is also a shareholder of the lessor, would be treated as a wet lease. The FAA said that on the facts given it is a dry lease, assuming it is enforceable, but noted that a lease without consideration may be unenforceable, raising operational control questions.

FlightPush Summary

Aerial photography flights may be conducted under 14 CFR part 91, but a repositioning flight that also carries photographers to the work site serves a dual purpose and requires an operating certificate. A diversion for an emergency or airport conditions does not create common carriage, and a letter of authorization is needed only if a regulation requires it.

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McAfee & Taft asked whether a repair station needed WACO's permission to install a higher-horsepower engine on a WACO YMF-5. The FAA said no: the major alteration used FAA-approved data rather than anyone's STC, so 14 CFR 91.403(d) did not apply; WACO's permission would be needed only to alter an aircraft based on WACO's STC.

FlightPush Summary

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.

FlightPush Summary

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.

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.

FlightPush Summary

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.

FlightPush Summary

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 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 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 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

Flight Standards asked whether ATC can approve speeds above 200 knots in Class C airspace beneath Class B airspace. The FAA said no: 14 CFR 91.117(c) gives ATC no such discretion and applies whether the underlying airspace is controlled or uncontrolled. The FAA noted that 14 CFR 91.117(d) permits flight at a higher minimum safe airspeed and that 14 CFR 91.117 is subject to waiver under 14 CFR 91.903.

FlightPush Summary

Fly By Knight asked how the 100-hour inspection rule in 14 CFR 91.409(b) applies to aircraft it uses for both instruction and rental. The FAA said it depends on how each flight is operated: flight instruction for hire needs a current inspection, while rental without a school-provided pilot does not. This interpretation corrects the FAA's October 1, 2014 interpretation on the final question.

FlightPush Summary

A requester asked whether an aircraft owner or operator can meet the 14 CFR 91.405(b) duty to ensure a mechanic makes return-to-service entries by receiving the entry by fax, email, or text. The FAA said yes, if the image has sufficient indicia of accuracy or reliability that the entry is in the maintenance records, a judgment that may include trust in the mechanic.

FlightPush Summary

A requester asked whether 14 CFR 91.609(e) requires a cockpit voice recorder whenever two pilots fly. The FAA said it applies only when two pilots are required by type certification or an applicable operating rule, meaning any regulation that applies to the flight; voluntarily using a second pilot does not require a CVR.

FlightPush Summary

A pilot may log PIC time as sole manipulator of the controls while the autopilot is engaged, because the FAA treats managing the autopilot as manipulating the controls. A pilot may not double log the same flight time as both PIC and SIC in a way that misrepresents total flight hours, though a single hour can count toward several distinct requirements, such as cross-country and night time.

FlightPush Summary

Tennessee Aircraft Services asked whether a new Airworthiness Limitations section Cessna added to the Model 210 Service Manual binds operators and maintainers of older 210s. For part 91 aircraft, it does not: only the ALS in each aircraft's type design is mandatory under 14 CFR 91.403(c) and 14 CFR 43.16, unless the FAA issues an AD or other rule.

FlightPush Summary

A flight instructor and check pilot for the Commemorative Air Force asked whether that 14 CFR part 91 role can support flight instructor renewal under 14 CFR 61.197(a)(2)(ii). The FAA said the rule does not exclude part 91 positions, but an Aviation Safety Inspector decides whether a given role qualifies based on a record of the activity.

FlightPush Summary

An Eclipse 500 owner asked whether manufacturer service bulletins labeled mandatory must be followed under a recommended inspection program adopted per 14 CFR 91.409(f)(3). The FAA said no, unless they contain inspection items already in the program when adopted or are required by an AD or other FAA rule. Discrepancies must still be corrected, using methods acceptable to the FAA.

FlightPush Summary

The FAA's Chief Counsel's office considered whether documents that must be carried in an aircraft may be kept at an unmanned aircraft's ground control station. It said yes: the rules' intent is met when the pilot has the documents at the control station, but the memo applies only to unmanned aircraft, not manned or optionally piloted aircraft with a pilot aboard.

FlightPush Summary

A law firm asked whether its client, a parachute jump facility, could fly jumpers more than 25 miles away for exhibition jumps under Part 91. The FAA said no: the 14 CFR 119.1(e)(6) exception is limited to 25 miles, so these flights require an air carrier or commercial operator certificate and must be conducted under part 121 or part 135.

FlightPush Summary

A helicopter conducting aerial filming or photography must follow any helicopter routes or altitudes the FAA has prescribed for the area. Where none exist, it may fly below the 500-foot minimum if there is no hazard to persons or property on the surface. Questions about waivers were treated as compliance matters and referred elsewhere.

FlightPush Summary

An aircraft manufacturer asked whether it could fly paid celebrity endorsers to its promotional events and seek reimbursement under 14 CFR 91.501(b)(5). The FAA said yes, because the flights support marketing and selling its products. It cautioned that flights without product familiarization may be air transportation requiring certification, and that "lift agreements" could create the appearance of a charter-type operation.

FlightPush Summary

The FAA does not pre-approve lighting systems for experimental amateur-built aircraft. Whether a lighting system satisfies 14 CFR 91.205 for night VFR is decided case by case, and the FAA recommended contacting the local FSDO for guidance on the appropriate airworthiness standards and equipment.

FlightPush Summary

A prospective aircraft management company asked whether flights for owners of one-eighth shares, who must use its crews, could be conducted under 14 CFR part 91. The FAA said the operation appears to require a 14 CFR part 119 certificate authorizing part 135 operations, since requiring its pilots and maintenance suggests company control, and that 14 CFR 91.501(b)(5) and 14 CFR 91.501(b)(6) do not fit.

FlightPush Summary

Simulator check airmen and instructors who are medically qualified and certificated may fly the two required flight segments under 14 CFR part 91 rather than part 135. The segments must be in the same category, class, and type of aircraft they will check or instruct in, so time in a Cessna 172 or a BD-700 does not count toward a CL-604.

FlightPush Summary

A requester asked whether ADS-B Out equipment may report ADS-B In capability under 14 CFR 91.227(d)(13) when the aircraft carries only a portable ADS-B In receiver. The FAA said the element was meant to show the capability to receive ADS-B In services, not necessarily installation, and it did not intend to restrict portable receivers; it asked program offices to consider fixing the confusing wording.