Legal Interpretations

FlightPush Summary

An FAA regional office asked which rules govern paid sightseeing rides in a powered glider. The Chief Counsel's office said such rides may be flown under part 91 without a part 119 certificate, because the air tour rules in 14 CFR part 136 and 14 CFR 91.147 cover only airplanes and helicopters. The pilot still needs a commercial pilot certificate, and 100-hour inspections generally apply.

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A requester asked whether a VFR pilot in Class E airspace must follow ATC instructions under 14 CFR 91.123(b). The FAA said that a VFR pilot there need not talk to ATC, but a pilot who is communicating with ATC must comply with any instruction issued, except in an emergency.

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FAA offices asked whether Scaled Composites' SpaceShipTwo needs a 14 CFR 91.817 authorization to exceed Mach 1 during launch. It does not: the Commercial Space Launch Act's licensing regime excludes other approvals during launch and reentry. The vehicle and its carrier aircraft are still subject to aviation regulations during aviation activities.

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A requester asked how 'military experience' rides fit the part 119 exceptions. The FAA said they may be flown under part 91 as commercial air tours with a 14 CFR 91.147 letter of authorization and standard-airworthiness aircraft, but not under the training flight exception, and that a commercial pilot need not be a CFI to fly them.

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A requester asked whether a paid formation flight instructor counts as a passenger for hire under 14 CFR 91.111(c). The FAA said the authorized instructor exception does not apply because formation flight requires no training or endorsement, but a rated pilot may hire an experienced formation pilot to ride along for familiarization if the experienced pilot does not act as pilot in command.

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Elevon Consulting asked whether a donation-funded not-for-profit could fly free point-to-point flights for other not-for-profit organizations under 14 CFR part 91. The FAA said no: donations offsetting aircraft and pilot expenses are compensation, so a 14 CFR part 119 certificate is required, and pilots could not share expenses because they lack a common purpose. Exemptions for humanitarian flights may be considered.

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Silverberg, Goldman & Bikoff asked whether a company facilitating charitable donations from non-business guests on its aircraft receives compensation. The FAA could not say without more facts, such as the company's ties to the charities and how seats are offered. It cautioned that compensation is construed broadly, and good will from facilitating donations may in some circumstances be compensation.

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Silverberg, Goldman & Bikoff asked whether a company that forwards voluntary charitable donations from guests flown free in unused seats is carrying passengers for hire. The FAA cautioned that facilitating donations may yield valuable good will, which counts as compensation, especially where company officers serve on the charities' boards, so the flights could require 14 CFR part 119 certification. Charitable event flights under 14 CFR 91.146 differ.

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The Aviation Law Firm asked whether its client could be paid for aerial survey data gathered with an experimental gyroplane. The FAA said this complies with 14 CFR 91.319(a) only if the flights match the certificate's issued purpose and carry only the operator's own essential employees and property. Dual-purpose flights that also reposition the aircraft may need a part 119 certificate.

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When an AWOS at a Class E surface airport reports 1/4-mile visibility, a VFR pilot may not land even if the pilot sees most of the runway clear, because 14 CFR 91.155(d) requires 3 statute miles of ground visibility. ATC cannot grant special VFR either, since the pilot's own observation cannot override the official AWOS report.

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On an unaugmented flight, 14 CFR 91.105(a)(1) bars a required flight crewmember from taking a controlled rest period, because neither exception (duties connected with operating the aircraft, or brief physiological needs) covers sleep. On an augmented flight, a crewmember relieved by another qualified crewmember may sleep. Every crewmember remains responsible for being sufficiently rested before accepting a planned flight.

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Spin training for a CFI certificate or upset recovery training is not considered aerobatic, so 14 CFR 91.303 does not apply, if no other aerobatic maneuvers are performed. The area above and below must be clear of traffic, and spins should begin high enough to recover at or above 1,500 feet AGL. Spins combined with aerobatics or done for other purposes need 14 CFR 91.303 compliance or a waiver.

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A requester asked whether each aircraft occupant 2 or older needs an individual seat belt under 14 CFR 91.205(b)(13). The FAA said no: occupants may share an approved safety belt if each is securely restrained, but only within the Airplane Flight Manual's limitations, and the PIC must check, if the information is available, that the belt is rated for such use and seat strength is not exceeded.

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Knauff & Grove, Inc. asked whether glider pilots must set altimeters to MSL or AGL during student training and local flying. The FAA said MSL: under 14 CFR 91.121, transient periods at a particular altitude do not relieve glider pilots of the altimeter-setting requirement, including on student training flights.

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A commercial pilot offering Stearman biplane rides asked whether the flights are commercial air tours under 14 CFR 91.147. The FAA would not decide without more facts, explaining that the 14 CFR 110.2 factors are optional and a flight can be an air tour even if it meets none of them. Passenger flights for hire outside the 14 CFR 119.1(e) exceptions require a part 119 certificate.

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No FAA regulation prohibits approving an aircraft for return to service after an inspection required by 14 CFR part 91, 125, or 135 solely because its registration certificate expired. The lapse makes the airworthiness certificate ineffective, so the aircraft may not be operated, but an inspector may approve it as airworthy if it conforms to its type certificate, complies with applicable airworthiness directives, and is in condition for safe operation.

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A repair station with an appropriate instrument rating does not also need an airframe rating to install, inspect, and test instruments on an aircraft, including the altimeter tests required by 14 CFR 91.411. The FAA also said a radio rating is not needed for the altimeter and altitude reporting test alone, and a radio-rated station may install listed radio equipment without an airframe rating.

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FAA Airspace Services asked whether temporary flight restrictions under 14 CFR 91.143 can cover amateur rocket launches. Counsel said yes for Class 2 and 3 rockets, which can fly high and fast enough to affect air traffic and require ATC notice under 14 CFR part 101, but not for Class 1 model rockets, and recommended clarifying the term "space flight operation."

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An operator using a time sharing agreement may put the additional per-flight charge allowed by 14 CFR 91.501(d)(10) toward a per-flight-hour engine warranty cost. That charge is equal to 100 percent of the flight's fuel, oil, lubricants, and other additives cost, and the total of (d)(10) charges for a flight must not exceed the (d)(1) cost.

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General Dynamics asked whether a pilot who sees the approach lights at 100 feet may keep descending and land after flight visibility falls below minimums. The FAA said no: all 14 CFR 91.175(c) requirements, including flight visibility, must be met the whole time below DA/DH or MDA, or the pilot must go missed, and 14 CFR 91.175(d)(2) applies to part 91 approaches.

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Constant Aviation asked what to use when the current manufacturer's manual no longer addresses a needed maintenance item. The FAA said 14 CFR 43.13(a) permits other methods, techniques, and practices acceptable to the Administrator, such as AC 43.13-1B. But an aircraft may be inspected only under its selected inspection program, and if that program cannot be obtained, the inspection may not be performed.

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A government air ambulance operator flying civil operations under 14 CFR part 91 cannot bill Medicare or insurance for in-flight medical services without a 14 CFR part 119 certificate. Any such payment counts as compensation for transporting patients, because the FAA does not separate medical-service charges from transport charges.

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A requester asked what a satellite airport is and whether a pilot departing one in Class C airspace satisfies the radio rule by staying with its tower. The FAA said a satellite airport is any airport in the Class C airspace other than the primary airport, and staying on the tower frequency as instructed complies with 14 CFR 91.130(c)(2)(i); no other ATC contact is needed unless the tower directs it.

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A requester asked whether an air traffic controller may authorize speeds above 250 knots below 10,000 feet MSL under 14 CFR 91.117(a). The FAA said no: a correcting amendment replaced "ATC" with "Administrator," and that authority is delegated to the Flight Standards Service. It also said "FAA" in 14 CFR 91.175(a) should read "Administrator."

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LeTourneau University asked whether the "visual approach slope indicator" listed in 14 CFR 91.175(c)(3)(vi) means only VASI. The FAA said no: PAPIs, tri-color and pulsating indicators, and alignment of elements systems are also acceptable visual references for descending below DA, DH, or MDA, and the same applies under 14 CFR 121.651.

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The FAA's Air Transportation Division asked whether the September 11, 2007 date in 14 CFR 91.147(b) shut out new part 91 air tour operators. The Chief Counsel's office said no: it was only a compliance date for existing operators to obtain a Letter of Authorization, and the rule anticipated future operators applying for and receiving authorizations too.

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Jay Bird Air asked whether it could dry lease its aircraft while encouraging lessees to use its third-party manager's pilots and services. The FAA said operational control is a fact-specific question based on both the lease terms and how the arrangement actually operates, and that this arrangement may require further review to decide whether the leases are truly dry leases.

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The USDA Forest Service asked whether a rotorcraft must carry the latest revision of its flight manual. The FAA said the "current" RFM under 14 CFR 91.9(b)(1) is the version in place at purchase plus any AD-mandated changes; other later revisions are not included. It could not address 14 CFR part 135 because no specific provisions were identified.

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Night vision goggles must be inspected every 180 days, with a 24-month NVIS validation test, under the RTCA/DO-275 standard adopted for part 135 NVIS operations. Aircraft lighting changes for NVG use require an STC, and no NVG model has blanket approval; each must be evaluated for compatibility with an approved NVIS lighting system.

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An aircraft lessee asked whether a Cessna 414A that is neither a large airplane nor a fractional program aircraft could be flown for a corporation under part 91 Subpart F. The FAA said not without an exemption, and named three options: convert to a Subpart K fractional ownership program, join the NBAA and use Exemption No. 7897D, or petition for a separate exemption.

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An operator of an experimental exhibition aircraft may not charge someone to ride and be filmed at the controls; that is carrying a person for compensation contrary to 14 CFR 91.319(a)(2) and the aircraft's operating limitations. Advertising such rides is not barred by 14 CFR part 91 but may violate 14 CFR 119.5(k) unless authorized.

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A requester asked whether the AIM's 45-degree downwind entry, which involves a right turn into a left pattern, violates the left-turn rule of 14 CFR 91.126(b)(1). The FAA said no: the rule does not prohibit maneuvers needed to safely enter the traffic flow, and the AIM procedure does not contradict it.

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Carson Helicopters asked whether its aerial data-gathering flights in Peru qualify as 14 CFR part 91 operations. The FAA found the mounted survey equipment is a fixture rather than cargo but could not determine whether the flights qualify as aerial work, and noted that if Peru requires an operating certificate, the flights cannot be conducted under 14 CFR part 91.

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A requester asked whether all part 135 aircraft need an operational transponder. The FAA said no: the requirement depends on the airspace described in 14 CFR 91.215, so a part 135 aircraft that stays out of that airspace needs none, while one operating in it must carry a transponder meeting 14 CFR 135.143(c).

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The Allentown FSDO asked how 14 CFR 91.321 defines a candidate and election cycle and what sets the payment for carrying one. The FAA explained that both come from Federal Election Commission regulations for federal races and from state or local law otherwise; 14 CFR 91.321 lets operators accept the required payment without complying with 14 CFR part 121, 125, or 135 if its conditions are met.

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A requester asked whether a passenger ferry is an "open assembly of persons" for minimum-altitude purposes. The FAA said that because the aircraft was over open water, not a congested area, 14 CFR 91.119(c) applies: a ferry is a vessel and the Cape Fear River is open water, so the aircraft may not be operated closer than 500 feet to the ferry.

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The FAA's Airspace Services office asked whether pointing a laser at an aircraft from the ground can violate 14 CFR 91.11. The Chief Counsel's office said yes: the rule does not require the offender to be aboard, and a laser that interferes with a crewmember's duties violates it. The same reasoning applies to 14 CFR 121.580, 125.328, and 135.120.

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Silver Ventures asked whether it could fly its large aircraft for personal use under 14 CFR part 91 through an LLC and a management corporation. The FAA lacked enough information to decide, but said the personal-transportation provision in 14 CFR 91.501(b)(4) requires the LLC's owner to have operational control, and some structures could turn capital contributions into compensation requiring air carrier certification.

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HHC, 110th Aviation Brigade asked whether aircraft outside Class D airspace must talk to nearby heliport towers. The FAA said yes, within 4 NM and 2,500 feet AGL of an operating tower, under 14 CFR 91.126(d). The FAA also addressed Copter holding speeds, descents after an approach clearance, and shortening holding pattern legs.

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The FAA's Flight Technologies and Procedures Division asked whether 14 CFR 91.217(b) requires ADS-B Out and the transponder to share a single altitude encoder. The FAA said yes: "same source" includes a single encoder, and the rule applies to ADS-B Out equipment meeting 14 CFR 91.225 and 14 CFR 91.227, not to equipment that does not meet those sections.

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The FAA found no reason to conclude that Utah Valley University's flights carrying the state higher education commissioner and visiting foreign nationals qualify as public aircraft operations. It will not presume a university is a state government entity, and in any case providing air transportation is a commercial purpose and such passengers are not qualified non-crewmembers. Such questions are decided case by case.

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Bombardier Learjet asked whether Learjet Model 60 pilots may check tire pressure daily as a preflight task using a passive monitoring system. The FAA said yes, under 14 CFR part 91 or 14 CFR part 135, if the system is FAA-accepted, because reading wireless sensor data on a remote display avoids pilot-caused errors from manipulating the valve stem.

FlightPush Summary

A requester asked whether an ATC traffic vector during VFR flight following clears a pilot into Class B airspace. The FAA said no; a specific clearance is required, and turning to avoid the airspace does not violate 14 CFR 91.123 if only a vector was given. A student pilot cleared in without authorization must get an amended clearance, and pilots should know how to request Class B clearance.

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Harley-Davidson asked whether it could charge fantasy camp participants for flights on its company aircraft under 14 CFR 91.501(b)(5). The FAA said no: carrying people on what is primarily a pleasure trip is not within the scope of and incidental to the company's business, even if it promotes sales, so the operation would require a 14 CFR part 119 operating certificate.

FlightPush Summary

A requester asked whether the crewmember exception in the parachute rule of 14 CFR 91.307(c) is limited to required crewmembers. The FAA applied the 14 CFR 1.1 definition: anyone assigned to perform duty in an aircraft during flight time is a crewmember, so the parachute requirement does not apply to them.

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A requester asked whether 14 CFR 91.3 governs operational control in 14 CFR part 121 operations and when a dispatcher may declare an emergency. The FAA said the specific 14 CFR part 121 operational control rules apply instead, and under 14 CFR 121.557(b) a dispatcher may declare an emergency only when unable to communicate with, or after losing contact with, the PIC, who retains ultimate authority.

FlightPush Summary

An NBAA member company operating its Piper Seneca under Exemption No. 7897D may carry a client attorney as a company guest under 14 CFR 91.501(b)(5) and charge a mileage expense, but only up to the cost of owning, operating, and maintaining the airplane. Profiting from the transportation may require 14 CFR part 119 certification as a commercial operator.

FlightPush Summary

A pilot operating at or below 2,500 feet within 4 nautical miles of a Class C or D primary airport must configure the aircraft to stay at or below 200 knots if it can, unless ATC authorizes otherwise or the minimum safe airspeed for the operation exceeds 200 knots. When ATC assigns a speed the aircraft can fly, the pilot chooses the configuration.