Legal Interpretations

FlightPush Summary

FlyRight Holdings, a part 142 training center, asked whether ATP knowledge test results earned before the August 1, 2014, ATP CTP requirement stayed valid. The FAA agreed they do: 14 CFR 61.156 applies only to those applying for the test after July 31, 2014, so unexpired earlier results can be used for the practical test for 24 calendar months.

FlightPush Summary

A requester asked whether an un-augmented pilot who has finished scheduled flying may pick up an open trip or fly a deadhead flight under 14 CFR part 117. Yes, at the pilot's or the carrier's request, if the FDP clock runs from the original report time, the flying fits the flight time and FDP limits, and the pilot certifies fitness under 14 CFR 117.5.

FlightPush Summary

Under 14 CFR 61.195(h)(2), an instructor training an applicant for an initial flight instructor certificate must, among other requirements, have held a flight instructor certificate for at least 24 months. An instructor who gave no flight training in an aircraft also cannot endorse the applicant for the practical test or retest or sign the FAA Form 8710 recommendation.

FlightPush Summary

An eligible on-demand pilot facing a destination AWOS with missing visibility cannot begin an approach under 14 CFR 135.225(a), but may treat the airport as having no weather reporting and use 14 CFR 135.225(b). That requires an alternate airport with an approved weather reporting facility and the altimeter setting the rule requires.

FlightPush Summary

United Airlines asked whether the oceanic position-plotting provision in AC 91-70A and FAA Order 8900.1 is mandatory. The FAA said no: the order is inspector guidance and the AC is advisory only, so operators may use another method without an exemption, as long as that method satisfies all applicable regulations.

FlightPush Summary

The FAA concluded that public universities may fly UAS as public aircraft operations for aeronautical research, meaning research on the aircraft and its systems, not research that simply uses a drone to observe something else. Grant funding is acceptable if the findings belong to the state university and the research does not carry the property of another, including the funder.

FlightPush Summary

The FAA clarified that its June 2014 memorandum on UAS research covered only aeronautical research. Other research using UAS as public aircraft may qualify if it fulfills another governmental function under the statute, but each project will be examined for whether it supports a core governmental function, and that is only one factor in the public aircraft analysis.

FlightPush Summary

A university that qualifies as a public aircraft operator may not use its UAS COA to run a UAS flight school or provide education. The FAA found that education is not a governmental function under the public aircraft statute, so such operations are limited to the listed governmental functions.

FlightPush Summary

Larry Williams and Associates asked whether a mechanic with a private pilot certificate may flight test aircraft after performing maintenance. The FAA said yes: under 14 CFR 61.113(b), the flights are only incidental to his employment and carry no passengers or property for compensation or hire, so they do not violate 14 CFR 61.113.

FlightPush Summary

The Aviation Law Firm asked whether pilots sharing expenses through a members-only aviation adventure website engage in common carriage. The FAA said yes, as in its AirPooler interpretation: the website holds out transportation to a broad segment of the public interested in air travel, so participating pilots would need a 14 CFR part 119 certificate.

FlightPush Summary

A sample schedule for a pilot on a two-pilot unscheduled crew does not comply with 14 CFR 135.267. Because the duty period could begin at different times each day, it is not a regularly assigned duty period under 14 CFR 135.267(c), and the pilot's 14 hours of flying within 24 consecutive hours exceeds the 10-hour limit in 14 CFR 135.267(b)(2).

FlightPush Summary

Allegiant Travel Company asked whether TAFs and Area Forecasts satisfy the 14 CFR part 121 weather requirements. The FAA said a Terminal Aerodrome Forecast is acceptable because the rules call for reports or forecasts for specific airports, but an Area Forecast, which covers much larger areas, is not.

FlightPush Summary

ALPA and Airlines for America asked a series of questions about applying 14 CFR part 117. The FAA clarified acclimation, theater changes, short extensions, time zones for entering Tables A through C, holding pilots on duty after cancellations, deadheads, split duty, and a voluntary reserve schedule check, which is allowed under 14 CFR 117.25 but may not cause fatigue under 14 CFR 117.5.

FlightPush Summary

The Air Line Pilots Association asked whether compensated flying done outside any certificate holder or 91K program manager counts toward cumulative limits under 14 CFR 117.23. The FAA said it does not, provided there is no connection between such an operator and the entity the flying was for, but the pilot must still certify fitness for duty under 14 CFR 117.5.

FlightPush Summary

A PIC's concurrence with a flight duty period extension under 14 CFR 117.19 must be given when the need for the extension is known, not in advance. For extensions over 30 minutes, concurrence separate from the 14 CFR 117.5 fitness-for-duty certification is required, and the record may take any reasonable form.

FlightPush Summary

A requester asked whether a supplemental crew could fly Miami to Istanbul and return on a part 91 tail-end ferry, and whether supplemental international rules require look-back rest. The FAA said the ferry fits current rules if total duty stays within the 30-hour limit, no onboard rest facilities were needed, and subpart S has no 24-hour look-back rest for each reserve day.

FlightPush Summary

Heliphoto asked whether helicopters may leave the North Shore Helicopter Route to photograph Long Island properties. The FAA said a pilot flying along the north shore must use the route until transitioning to the location to be photographed, then rejoin it if continuing along the shore. Flights that do not travel along the north shore need not use the route.

FlightPush Summary

A safety pilot under 14 CFR 91.109 needs at least a private pilot certificate with category and class ratings appropriate to the aircraft, but does not need an instrument rating or instrument currency. In a single-pilot aircraft on an operation not requiring an SIC, the safety pilot is not an SIC under 14 CFR 61.55, though that does not preclude logging SIC time.

FlightPush Summary

An experimental light-sport aircraft cannot be leased to a flying club unless it is used for the towing of light-sport gliders or unpowered ultralight vehicles. Although the lease itself is not a commercial operation, 14 CFR 91.319(f) bars leasing these aircraft except for the towing permitted by 14 CFR 91.319(e)(1).

FlightPush Summary

Tropic Ocean Airways asked about 14 CFR part 135 carriers flying public charters under 14 CFR part 380. The FAA confirmed it imposes no limit on the number of such flights, though an air taxi without DOT commuter authority is limited to four round trips weekly per city pair, and said the charter operator and direct carrier may share an owner or be the same company.

FlightPush Summary

The exceptions in 14 CFR 121.470 and 121.480 cannot exempt part 121 passenger operations from 14 CFR part 117, whose applicability is set by 14 CFR 117.1. The Alaska and Hawaii exception in 14 CFR 121.470(b) applies flight by flight, so a carrier may use it for flights entirely within Alaska using the specified aircraft, but not its other flights.

FlightPush Summary

A flight instructor asked whether a pilot whose U.S. private pilot certificate was issued on the basis of a foreign license under 14 CFR 61.75 must complete a flight review. Yes: 14 CFR 61.56(c) applies before acting as pilot in command of a U.S.-registered aircraft. The 14 CFR 61.75(b) provision allowing issuance without further showing of proficiency does not extend to flight reviews or recent experience requirements.

FlightPush Summary

A requester asked whether pilots may make right turns when landing at a nontowered Class G airport. The FAA said all turns must be left under 14 CFR 91.126(b)(1) unless markings or light signals say otherwise, or a deviation is authorized or required by the airport's approach guidelines or another rule such as 14 CFR 91.3(b). It corrected its 2009 Murphy interpretation's reference to ATC authorization.

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.

FlightPush Summary

A requester asked who may log PIC time when one pilot flies simulated instrument approaches in a twin with another pilot as safety pilot. The FAA said the flying pilot logs the whole flight as PIC; the safety pilot logs PIC for the simulated instrument portion only if acting as PIC, and otherwise SIC under 14 CFR 61.51(f). These rules apply whether or not the aircraft is multi-engine.

FlightPush Summary

A commercial airplane pilot adding a helicopter rating asked how pilot-in-command time could be credited and logged. The FAA said only 10 hours of performing PIC duties with an instructor aboard may count toward 14 CFR 61.129(c)(2); remaining PIC time must be logged as sole occupant. No 14 CFR 61.31(d) endorsement is needed for those dual hours, and a solo endorsement does not make dual training PIC time.

FlightPush Summary

A commercial single-engine applicant must fly the entire practical test in a single-engine airplane equipped to show complex-airplane proficiency, so a multiengine airplane cannot be used for that part. The 10 hours of complex or turbine training under 14 CFR 61.129(a)(3)(ii) may be logged in either a single- or multiengine airplane.

FlightPush Summary

The FAA's Flight Technologies and Procedures Division asked whether the maximum certificated landing weight qualifier in the 14 CFR 97.3 definition of aircraft approach category applies to aircraft grouped by VREF. Yes: approach category for those aircraft is determined using VREF at maximum certificated landing weight, as it is for aircraft grouped by 1.3 VSO.

FlightPush Summary

A requester asked whether a part 121 carrier may credit a new crewmember's training from a previous part 121 employer. The FAA said 14 CFR 121.402 does not provide for transferring training credit, and every crewmember must complete all required training. A carrier may, however, have the FAA approve a reduced-hour curriculum, containing all required subjects and tasks, for crewmembers with prior knowledge and skill.

FlightPush Summary

A requester asked about the regulatory basis and procedures behind FAA Notice 8900.197 and why it covers only part 135 crewmember training. The FAA referred the basis and procedure questions to a concurrent interpretation and said the Notice was limited to part 135 because it responded to numerous part 135 inquiries, as its purpose and background sections explain.

FlightPush Summary

A flight crewmember asked whether 14 CFR 121.523(b) limits flight segments and how it treats crewmembers unable to sleep in onboard quarters. The FAA said the rule sets no segment limit and is satisfied if adequate sleeping quarters are provided, but under 14 CFR 91.13(a) a crewmember too fatigued to fly safely may not fly and should immediately inform the employer.

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.

FlightPush Summary

The FAA was asked whether a check airman conducting the 14 CFR 135.340(a)(2) observation check of a Part 135 flight instructor candidate must be qualified on the aircraft type used. Yes: the observer must judge whether instruction is proper for that particular aircraft, and check airman qualifications under 14 CFR 135.337 are tied to aircraft type.

FlightPush Summary

A single-pilot Part 135 operator that also runs an FBO asked how non-flying work affects rest and duty. The FAA said work for the certificate holder or its related businesses cannot occur during required rest, and FBO time worked before a trip counts in that duty period. Work for an unrelated employer, such as a restaurant, does not compromise the assigned rest period.

FlightPush Summary

NASA asked whether astronauts of its International Space Station partners, flying as space flight participants, must waive claims against the U.S. Government. The FAA said they need not waive claims for bodily injury, impairment of health, or death, because the station agreement excludes those claims, but they must waive claims for property damage or loss under 51 U.S.C. 50914(b)(2).

FlightPush Summary

NASA asked whether its astronauts must sign the reciprocal waivers of claims required of space flight participants on FAA-licensed launches. The FAA said no: the waiver requirement does not override federal employee compensation laws for civil servant and military astronauts, and astronauts need not waive claims against the government or its contractors and subcontractors.

FlightPush Summary

Greenberg Traurig asked whether foreign aircraft flying in U.S. airspace with seats improperly labeled TSO-C127a compliant violate U.S. rules. The FAA said no: the State of Registry determines continuing airworthiness of foreign-registered aircraft, and AD 2011-12-01 does not directly apply to them. Any noncompliance would be with the foreign authority's own rules, so concerns may be raised with that Civil Aviation Authority.

FlightPush Summary

An airline transport pilot asked whether lending an airplane to a private pilot friend is compensation under 14 CFR 61.113. The FAA said it is unlikely if the friend pays expenses and has no obligation to the owner, since value counts only when contingent on acting as pilot in command. The owner cannot violate 14 CFR 61.113 but may be considered an operator under 14 CFR part 91.

FlightPush Summary

American Flyers asked how many hours a Flight Instructor Refresher Course (FIRC) must include. The FAA said that although 14 CFR 61.197 sets no minimum, Appendix K of 14 CFR part 141 and Advisory Circular 61-83G call for at least 16 hours of ground and/or flight training, and 16 hours is the consistent standard for FAA approval of a FIRC curriculum.

FlightPush Summary

Charter Flight, Inc. asked what regulation requires a Part 135 on-demand operator to hold an OpSpec before using an iPad as an electronic flight bag. The FAA said its authority comes from 14 CFR part 119, which lets the Administrator include any necessary item in OpSpecs, and that EFB authority must appear in them; 14 CFR 135.144 does not address EFB authority.

FlightPush Summary

The Patriots Jet Team asked whether its airshow pilots may fly on private pilot certificates and third class medicals if they get only the amenities other volunteers receive. The FAA said it depends on whether amenities are provided in exchange for flying; it found compensation likely, in which case the pilots exercise commercial privileges and need at least a second class medical.

FlightPush Summary

A flightcrew member who knows before takeoff that a segment will exceed a 14 CFR part 117 cumulative limit may not take off. The only exception covering circumstances known before takeoff is 14 CFR 117.29(b), for operations under a 14 CFR 119.57 deviation when the pilot in command finds an extension necessary.

FlightPush Summary

AST-300 asked whether reusable launch vehicles, mobile fueling equipment, and fueling fall under the explosive siting rules of 14 CFR part 420. The FAA said vehicles and equipment are not explosive hazard facilities, but their location can be when propellant is loaded or unloaded, and both the launch site operator and the launch operator are responsible for safe hazardous ground operations.

FlightPush Summary

McKenna Long & Aldridge LLP asked whether the age-60 pilot pairing rules apply when a part 121 flight diverts abroad. The FAA said a PIC may deviate only in a genuine emergency; a diversion to a listed alternate is not itself one, so the pairing rules apply, including on the return once any emergency ends.

FlightPush Summary

Universal Helicopters asked whether earlier part 141 private pilot and instrument helicopter training can count toward the 115 flight training hours appendix D to 14 CFR part 141 requires for a commercial helicopter course. The FAA said no under 14 CFR 141.55(b), but noted a school may seek approval under 14 CFR 141.55(d) and (e) for a course with fewer hours, without examining authority for it.

FlightPush Summary

An engineer asked whether experimental or light-sport aircraft could fly aerial surveys with his own sensors if he later sold the data. An amateur-built aircraft would not violate 14 CFR 91.319(a), but a recreation-and-education limitation would bar the flights, while light-sport aircraft rules prohibit using them for data collection when compensation is received.

FlightPush Summary

ABX Air asked what counts as a substantial change to ETOPS maintenance or training procedures under 14 CFR 121.374(o) and whether the FAA's review is an approval or an acceptance. The FAA said a substantial change materially alters the procedures, a fact-specific question, and that the required CHDO review is in the nature of an approval.

FlightPush Summary

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.