Legal Interpretations

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A pilot holding only a British-issued EASA Part-FCL private pilot license may not fly a U.S.-registered aircraft in another EU country. Under 14 CFR 61.3, a foreign license substitutes for a U.S. certificate only within the country that issued it, and EU member states' recognition of each other's licenses does not change that obligation.

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Fly By Knight, Inc. asked how the 100-hour inspection rule applies to aircraft used for both instruction and rental. The FAA said it applies to flight instruction for hire, including solo training, but not to rentals without a school-provided pilot; the 10-hour allowance covers only flying en route to an inspection, and excess time must be subtracted from the next 100 hours even after an annual inspection.

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A German insurer asked whether a pilot whose German license lacked a Piper PA 46 type rating was barred from flying a U.S.-registered PA 46 on an FAA certificate based on that license. The FAA said no: its rules require no PA 46 type rating, and if the pilot held the 14 CFR 61.31 endorsements and was current, it would not consider the flight inconsistent with its regulations.

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After ICAO dropped its requirement that a pilot in command aged 60 to 65 in international multi-pilot operations be paired with a pilot under 60, the FAA determined that the change triggered the sunset of the statutory authority for the pilot pairing limits in 14 CFR. It published an enforcement policy in the Federal Register. The ICAO change did not affect the under-60 limit for single-pilot operations.

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An individual asked whether a Part 121 operator must keep airworthiness directive status information in one consolidated record. The FAA said no: 14 CFR 121.380(a)(2)(vi) allows multiple records, so long as they contain the required information, are retained for the required period, and are available for FAA or NTSB inspection, though a single record is preferred for inspection efficiency.

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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.

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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.

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Jeppesen Commercial & Military Aviation asked about wording in an FAA clarification of 14 CFR part 117. The FAA said 12-hour notice of report time for a long-call reserve flightcrew member is required only when the flight duty period begins before and operates into the window of circadian low, as 14 CFR 117.21(d) states, not whenever it merely infringes on it.

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An FAA-certificated mechanic who meets the experience or ability and comprehension requirements of 14 CFR 65.81 and works in accordance with 14 CFR part 43 may maintain the Cirrus Airframe Parachute System without Cirrus Design training and authorization. The manual's restriction to Cirrus-authorized technicians is not enforceable from an FAA regulatory perspective, though the FAA called Cirrus training prudent.

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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.

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Central Michigan University asked whether state, local, or nonprofit grants would let it fly an unmanned aircraft as a public aircraft. The FAA said the governmental function behind an operation matters, grant money alone does not permit UAS flights for any purpose, and education by itself is not a governmental function. The university could instead fly as a contractor for an eligible government entity with a valid governmental function.

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A reproduction identification plate bought online cannot be treated as eligible for installation, because only plates from the original manufacturer or produced under FAA-approved procedures qualify. An owner should first seek a replacement from the original manufacturer; if it cannot provide one, AC 45-2D describes buying a plate from an approved source after working with the local FAA district office.

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An individual asked whether two pilots may log time simultaneously in an AATD replicating a Boeing 737. The FAA could not answer without the details of the device's letter of authorization, noting an ATD may be used only for the purposes its LOA lists. It also said ground instructors may not give ATD training toward aeronautical experience requirements.

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A requester asked how a reserve availability period differs from a flight duty period under 14 CFR part 117. The FAA said a RAP has less stringent length limits but restricts what can be required, with no flying and no airport presence. An FDP allows any duty, including flying, but faces the stricter daily and cumulative limits of 14 CFR 117.13, 14 CFR 117.17, and 14 CFR 117.23.

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Using the Knee Defender to keep a seat from reclining is not a per se violation of FAA regulations, and the FAA has not identified a safety issue with inhibiting recline. But if the air carrier or a crewmember tells a passenger to stop using it, for example during an emergency or during taxi, takeoff, and landing, refusing violates the prohibition on interfering with a crewmember.

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Universal Helicopters asked the FAA to reconsider whether private pilot training counts toward the 115 flight training hours a 14 CFR part 141 appendix D commercial helicopter course requires. The FAA affirmed that it does not, because students must already hold a private pilot certificate to enroll. A school may seek approval of a course below the minimums under 14 CFR 141.55, or petition under 14 CFR part 11.

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The Air Line Pilots Association asked whether time taxiing after landing, including waiting on a ramp for a gate, counts as flight time under 14 CFR part 117. The FAA said yes: flight time continues until the aircraft is shut down with no further movement under its own power, except while it is being moved by a tug.

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Corporate Flight Management asked whether it needed more FAA authorization to fly DOT-approved public charters in aircraft of 30 or fewer seats. The FAA said public charters under 14 CFR part 380 are on-demand operations, so the approved flights may be conducted under its 14 CFR part 135 certificate and on-demand operations specifications. The finding does not cover future operations DOT has not approved.

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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.

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An FAA inspector asked whether flight attendants voluntarily added to part 135 flights beyond the required crew fall under 14 CFR 135.273. The FAA said yes: anyone assigned to the flight with cabin-safety-related responsibilities during flight time is a flight attendant under that section and subject to its flight, duty, and rest rules.

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A requester asked whether prior Part 121 PIC time, or Part 135 all-cargo PIC time, counts toward the 1,000-hour requirement of 14 CFR 121.436(a)(3). The FAA said no to both: only Part 121 SIC time and PIC time under 14 CFR 91.1053(a)(2)(i) or 14 CFR 135.243(a)(1) passenger operations count, though exemption petitions may be considered for former Part 121 PICs.

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A part 121 pilot who also holds an A&P certificate may perform maintenance and preventive maintenance on the company aircraft he or she flies, under the mechanic privileges in 14 CFR 43.3(b). The work must follow the certificate holder's maintenance program required by 14 CFR 121.367.

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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.

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An individual asked about right-hand turns and circling approaches at non-towered Class G airports. The FAA confirmed that ATC cannot authorize right-hand turns there, noting that a 2009 interpretation saying otherwise was in error, and explained that a pilot released to CTAF on an ILS approach is not bound to a specific runway but must still fly the ILS unless the clearance is amended.

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When a commercial applicant flies the 14 CFR 61.129(a)(4) time performing PIC duties with an instructor aboard, a properly rated CFI may log PIC for the whole flight. The applicant logs the time toward 14 CFR 61.129(a)(4) and total time, not as dual received, and logs PIC only if holding a private pilot certificate with appropriate ratings.

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Mayo Aviation asked whether its single-pilot, autopilot IFR operation still needs a cockpit voice recorder. The FAA said yes: 14 CFR 135.101 requires a second in command for passenger-carrying IFR flights, which triggers the CVR requirement in 14 CFR 135.151(a), and the autopilot exception does not remove it. An inoperative CVR is limited to the MMEL's three-day deferral.

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A law firm representing a former air ambulance pilot asked which disciplinary records must be furnished to hiring air carriers under the Pilot Records Improvement Act. The FAA said records of discipline tied to safe aircraft operations must be furnished, such as one for an incorrect maintenance logbook entry, but not records for unrelated policy violations, such as attending a public relations event without permission.

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The FAA said Order 8110.103A is correct: a person with actual notice of an AD's secondary references, such as a repair station required by 14 CFR 145.109(d) to keep them, must follow them or obtain an alternative method of compliance under 14 CFR 39.19. Whether a person had actual notice is a factual question in each case.

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AirPooler, Inc., whose website lets private pilots offer seats on flights they plan to take, asked whether participating pilots receive prohibited compensation or need a 14 CFR part 119 certificate. The FAA said expense sharing is compensation, and pilots posting flights on the website hold out to the public, so they engage in common carriage requiring a 14 CFR part 119 certificate.

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A requester asked whether a pilot's notice to the carrier that a sleep opportunity was disrupted interrupts the rest period required by 14 CFR 117.25. The FAA said no: the notice is required by the FAA under 14 CFR 117.25(f), so it is not duty, though the pilot must be given a new 8-hour sleep opportunity starting when the disruption was recognized.

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A United Airlines captain asked how 14 CFR part 117 treats a required reserve acknowledgment and flight duty period extensions. The FAA said a required schedule check is duty, so rest ends when the check window opens, and a fitness-for-duty affirmation signed before the PIC knew of an extension cannot count as concurrence, even for a 30-minute extension.

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Piedmont Propulsion Systems asked whether design approval holders may restrict mandatory propeller inspections and repairs to their own facilities. The FAA said no: 14 CFR 21.50(b) requires complete instructions for continued airworthiness to be made available to persons with a need to comply, such as a repair station working on the product. Enforcement depends on the facts but may include compliance orders, cease and desist orders, or civil penalties.

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The FAA's Director of Airport Safety and Standards asked what "sufficient" personnel means under 14 CFR 139.303(a). The Office of the Chief Counsel concluded that at least one airport employee or designee must be onsite during the air carrier operations covered by 14 CFR part 139, though not during all hours, and that the right number depends on each airport's size, layout, and operations.

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A requester asked whether the small nontransport category operating limitations of 14 CFR 135.399 apply to a turboprop airplane with fewer than 10 passenger seats. The FAA agreed they do not, because 14 CFR 135.399 applies only to airplanes certificated under 14 CFR 135.169(b), which applies only to airplanes with 10 or more passenger seats.

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Southern Air asked whether a pilot covered by 14 CFR 121.525(c) falls under 14 CFR 121.521 on a three-pilot crew and 14 CFR 121.523 on a four-pilot crew. The FAA said such a pilot must be scheduled under 14 CFR 121.521 on either crew size; only pilots not on mixed operations would be subject to 14 CFR 121.523 on four-pilot crews.

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A requester asked whether a cargo crew could fly a second leg knowing a ground stop would push flight time past 8 hours under 14 CFR 121.471(a)(4). The FAA said yes, under the 14 CFR 121.471(g) exception, if the schedule normally finishes within limits and the delay was beyond the carrier's control, as an ATC ground stop would be, provided required rest is not infringed.

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AIRCAP Flight Services' president asked whether leasing an aircraft from one company and pilots from another is a wet lease requiring 14 CFR part 135, and how the two pilots log time. The FAA said that on the facts given it would likely not be a wet lease, but in a single-pilot airplane both pilots may not each log flight time.

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PPA Global Energy asked whether directing pilots to check a company calendar for flying assignments on their days off counts as duty under 14 CFR part 117. The FAA said yes: it is a task required by the certificate holder, so under 14 CFR 117.25(a) a certificate holder must not require a pilot to check his or her schedule during a required rest period.

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Asia Pacific Airlines challenged overflight fees charged to Aero Micronesia for flights within the airspace of the Marshall Islands, Micronesia, and Palau. The FAA said the fees are authorized by 49 U.S.C. 45301 and 14 CFR part 187, because that airspace is U.S.-controlled, and the Compact amendments make service recipients liable for user fees just as in the United States.

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A private pilot may trade aircraft detailing services for his pro rata share of expenses on common-purpose flights if the services do not exceed that share under 14 CFR 61.113(c). Trading the services for solo rental of another pilot's aircraft violates no FAA regulation if the flight is not for compensation or hire. FAA regulations require no documentation of either arrangement.

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Ameristar Air Cargo asked when a flightcrew member on long-call reserve can be called for random drug or alcohol testing. The FAA said part 117 does not alter part 120: drug-test notice should not be given unless the employer can ensure the crewmember goes to testing immediately, and alcohol testing would normally be called upon reporting for the flight or just after completing it.

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The FAA's AST-500 division asked whether a space flight participant's signed consent under 14 CFR 460.45(f) may be electronic. The Chief Counsel's office said yes: the rule does not specify a format, so a paper or electronic writing works. The 2011 Wong interpretation requiring paper under 14 CFR 413.7(a) does not apply because that rule requires filing in duplicate.

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An individual asked whether only the mechanic who approves maintenance is responsible for improper work. The FAA said no: under 14 CFR 43.13(a) and 14 CFR 43.13(b), each person who performs maintenance is responsible for doing it properly, so contributing mechanics who did not approve the work may also face FAA enforcement action.

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Eclipse Group asked whether it could hire a part 141 pilot school to fly aerial survey work for a Navy contract. The FAA said yes, as aerial work under 14 CFR 119.1(e)(4) flown under part 91, so long as the flights return to the departure point, carry no one else's property, and carry only essential passengers. The school may not advertise the work as FAA approved.

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Dynamic Airways asked when an employee is 'hired' for pre-employment drug testing. The FAA said the hiring event itself is the standard: under 14 CFR 120.109(a), the employer must conduct the test and receive a verified negative result before hiring anyone for a safety-sensitive function.

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The FAA declined to reverse its interpretations that taxiing under the aircraft's own power to a deicing pad, and the deicing that follows, is flight time under the 14 CFR 1.1 definition. Its earlier analysis already considered the deicing requirements of 14 CFR 121.629, and movements not for the purpose of flight remain excluded.

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Under 14 CFR 61.51(g)(4), time in a flight simulator, flight training device, or aviation training device may be used for instrument recency experience provided an authorized instructor is present to observe it and signs the logbook or training record. A pilot gaining instrument experience exclusively in an ATD must perform the tasks listed in 14 CFR 61.57(c)(3) within the preceding two months.

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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.