Private Pilot | Lesson 6 - Federal Aviation Regulations: Part II

TABLE OF CONTENTS:
6.1 FAR PART 91—GENERAL OPERATING AND FLIGHT RULES
6.2 NTSB PART 830—NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR INCIDENTS AND OVERDUE AIRCRAFT

6.1 FAR PART 91—General Operating and Flight Rules

91.3 Responsibility and Authority of the Pilot in Command

In emergencies, a pilot may deviate from the FARs to the extent needed to maintain the safety of the airplane and passengers. The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

However, a written report of any deviations from FARs should be filed with the FAA, but only upon request.

91.7 Civil Aircraft Airworthiness

The pilot in command is responsible for determining that the airplane is airworthy prior to every flight.

91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements

The airworthiness certificate, the FAA registration certificate, and the aircraft flight manual or operating limitations must be aboard.

The acronym ARROW can be used as a memory aid.

A irworthiness certificate

R egistration certificate

R adio station license (FCC requirement for international flight)¹

O perating limitations², including

W eight and balance data

¹ The FCC (Federal Communications Commission), requires the radio station license. As of January 1, 1997, the radio station license is required only for international flights.
² The operating limitations of an airplane may be found in the current FAA-approved flight manual, approved manual material, markings, and placards, or any combination thereof.

91.15 Dropping Objects

No pilot in command of a civil aircraft may allow any object to be dropped from that aircraft in flight that creates a hazard to persons or property.

This FAR does not prohibit the dropping of any object if reasonable precautions are taken to avoid injury or damage to persons or property. (A roll of bio-degradable toilet paper is always good for fun!)

91.17 Alcohol or Drugs

No person may act as a crewmember of a civil airplane while having .04 percent by weight or more alcohol in the blood or if any alcoholic beverages have been consumed within the preceding 8 hr.

No person may act as a crewmember of a civil airplane if using any drug that affects the person's faculties in any way contrary to safety.

Pilots may not allow a person who is obviously intoxicated or under the influence of drugs to be carried in a civil airplane unless the person is a medical patient under proper care or in an emergency.

Basically, it's "8 hours, bottle to throttle." And, "say no to drugs."

91.103 Preflight Action

Pilots are required to familiarize themselves with all available information concerning the flight prior to every flight, and specifically to determine:

1. For any flight, runway lengths at airports of intended use and the airplane's takeoff and landing requirements, and
2. For IFR flights or those not in the vicinity of an airport,
   
   • Weather reports and forecasts,
   • Fuel requirements,
   • Alternatives available if the planned flight cannot be completed, and
   • Any known traffic delays.

91.105 Flight Crewmembers at Stations

During takeoff and landing, and while en route, each required flight crewmember shall keep his/her safety belt fastened while at his/her station.
If shoulder harnesses are available they must be used for takeoff and landing.

91.107 Use of Safety Belts, Shoulder Harnesses, and Child Restraint Systems

Pilots must ensure that each occupant is briefed on how to use the safety belts and, if installed, shoulder harness.

Pilots must notify all occupants to fasten their safety belts before taxiing, taking off, or landing.

All passengers of airplanes must wear their safety belts during taxi, takeoffs, and landings.

A passenger who has not reached his/her second birthday may be held by an adult.

Sport parachutists may use the floor of the aircraft as a seat (but still must use safety belts).

91.111 Operating near Other Aircraft

No person may operate an aircraft in formation flight except by prior arrangement with the pilot in command of each aircraft in the formation.

91.113 Right-of-Way Rules: Except Water Operations

Aircraft in distress have the right-of-way over all other aircraft.

When two aircraft are approaching head on or nearly so, the pilot of each aircraft should turn to his/her right, regardless of category.

When two aircraft of different categories are converging, the right-of-way depends upon who has the least maneuverability. Thus, the right-of-way belongs to:

• Balloons over
  • Gliders over
    • Airships over
      • Airplanes or Rotorcraft.

When aircraft of the same category are converging at approximately the same altitude, except head on or nearly so, the aircraft to the other's right has the right-of-way.

If an airplane of the same category as yours is approaching from your right side, it has the right-of-way.

When two or more aircraft are approaching an airport for the purpose of landing, the aircraft at the lower altitude has the right-of-way. This rule shall not be abused by cutting in front of or overtaking another aircraft.

An aircraft towing or refueling another aircraft has the right-of-way over all engine-driven aircraft.

91.115 Right-of-Way Rules: Water Operations

When aircraft, or an aircraft and a vessel, are on crossing courses, the aircraft or vessel to the other's right has the right-of-way.

91.117 Aircraft Speed

The speed limit is 250 kt. (288 MPH) when flying below 10,000 ft. MSL and in Class B airspace.

When flying under Class B airspace or in VFR corridors through Class B airspace, the speed limit is 200 kt. (230 MPH).

When at or below 2,500 ft. AGL and within 4 NM of the primary airport of Class C or Class D airspace, the speed limit is 200 kt. (230 MPH).

91.119 Minimum Safe Altitudes

Over congested areas (cities, towns, settlements, or open-air assemblies), a pilot must maintain an altitude of 1,000 ft. above the highest obstacle within a horizontal radius of 2,000 ft. of the airplane.

The minimum altitude over other than congested areas is 500 ft. AGL.

Over open water or sparsely populated areas, an airplane may not be operated closer than 500 ft. to any person, vessel, vehicle, or structure.

Altitude in all areas must be sufficient to permit an emergency landing without undue hazard to persons or property on the surface if a power unit fails.

91.121 Altimeter Settings

Prior to takeoff, the altimeter should be set to the current local altimeter setting.

If the current local altimeter setting is not available, use the departure airport elevation.

The altimeter of an airplane is required to be set to 29.92 at or above 18,000 ft. MSL,

To guarantee vertical separation of airplanes above 18,000 ft. MSL.

91.123 Compliance with ATC Clearances and Instructions

When an ATC clearance is obtained, no pilot may deviate from that clearance, except in an emergency, unless an amended clearance is obtained. If you feel a rule deviation will occur, you should immediately advise ATC.

If you receive priority from ATC in an emergency, you must, upon request, file a detailed report within 48 hr. to the chief of that ATC facility even if no rule has been violated.

During an in-flight emergency, the pilot in command may deviate from the FARs to the extent necessary to handle the emergency.

The pilot should notify ATC about the deviation as soon as possible. If ATC priority is given, and a request for a report is made, then a written report must be submitted in 48 hr.

91.129 Operations in Class D Airspace

Unless otherwise authorized, two-way radio communications with Air Traffic Control are required for landings and takeoffs at all tower controlled airports regardless of weather conditions.

A non-tower satellite airport, within the same Class D airspace as that designated for the primary airport, requires radio communications be established and maintained with the primary airport's control tower.

91.130 Operations in Class C Airspace

Class C airspace is controlled airspace which requires radio communication with ATC.

A pilot must establish two-way radio communication prior to entering Class C airspace and maintain it while within Class C airspace, regardless of weather conditions.

91.131 Operations in Class B Airspace

Class B airspace is controlled airspace usually found at the much larger airports with very high traffic volumes.

Requirements for operating within Class B airspace:

1. A pilot must hold at least a private pilot certificate or a student pilot certificate with the appropriate logbook endorsements.
2. Authorization from ATC, regardless of weather conditions.
3. The airplane must have a two-way communications radio and a transponder equipped with Mode C encoding, which permits ATC to obtain an altitude readout on its radar screen.

• A VOR receiver is required only when operating IFR, and
• With certain exceptions, all aircraft within a 30-NM radius of a Class B airport and from the surface up to 10,000 ft. MSL (even if you do not intend to land at that Class B airport) must have an operable transponder with Mode C.

Student pilot operations in Class B airspace are only permitted with appropriate logbook endorsements.

For flight through Class B airspace, the student pilot must

Receive ground and flight instructions pertaining to that specific Class B airspace area.
Have a CFI logbook endorsement within 90 days for solo flight in that specific Class B airspace area.

For takeoffs and landings at an airport within Class B airspace, the student pilot must

Receive ground and flight instructions pertaining to that specific Class B airspace area.
Have a CFI logbook endorsement within 90 days for solo flight at that specific airport.

No student pilot may take off or land at the following airports:

Atlanta Hartsfield
Newark International
Boston Logan
New York Kennedy
Chicago O’Hare International
New York La Guardia
Dallas/Fort Worth International
San Francisco International
Los Angeles International
Washington National
Miami International
Andrews AFB

91.133 Restricted and Prohibited Areas

Restricted areas are a type of Special Use Airspace within which your right to fly is limited.

Restricted areas have unusual and often invisible hazards to aircraft (i.e., balloons, military operations, etc.). Although restricted areas are not always in use during the times posted in the legend of sectional charts, permission to fly in that airspace must be obtained from the controlling agency. The controlling agency is listed for each restricted area at the bottom of sectional charts.

91.135 Operations in Class A Airspace

Since Class A airspace requires operation under IFR at specific flight levels assigned by ATC, VFR flights are prohibited.

91.151 Fuel Requirements for Flight in VFR Conditions

During the day, FARs require fuel sufficient to fly to the first point of intended landing and then for an additional 30 min., assuming normal cruise speed.
At night, sufficient fuel to fly an additional 45 min. is required.

91.155 Basic VFR Weather Minimums

Cloud Clearance and Visibility Required for VFR

Airspace Flight
Visibility Distance from
Clouds
Class A Not
applicable Not applicable
Class B 3 SM Clear of clouds
Class C 3 SM 500 ft. below
1,000 ft. above
2,000 ft. horiz.
Class D 3 SM 500 ft. below
1,000 ft. above
2,000 ft. horiz.
Class E:

Less than
10,000 ft. MSL
3 SM 500 ft. below
1,000 ft. above
2,000 ft. horiz.
At or above
10,000 ft. MSL
5 SM 500 ft. below
1,000 ft. above
1 SM horiz.

Airspace Flight
Visibility Distance from
Clouds
Class G:

1,200 ft. or less above the surface (regardless of MSL altitude)

Day 1 SM Clear of Clouds
Night, except as
provided in 1. below
3 SM 500 ft. below
1,000 ft. above
2,000 ft. horiz.
More than 1,200 ft. above the surface but less than 10,000 ft. MSL

Day 1 SM 500 ft. below
1,000 ft. above
2,000 ft. horiz.
Night 3 SM 500 ft. below
1,000 ft. above
2,000 ft. horiz.
More than 1,200 ft.
above the surface
and at or above
10,000 ft. MSL
5 SM 1,000 ft. below
1,000 ft. above
1 SM horiz.

An airplane may be operated clear of clouds in Class G airspace at night below 1,200 ft. AGL when the visibility is less than 3 SM but more than 1 SM in an airport traffic pattern and within 1/2 NM of the runway.
Except when operating under a special VFR clearance .

You may not operate your airplane beneath the ceiling under VFR within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport when the ceiling is less than 1,000 ft.

You may not take off, land, or enter the traffic pattern of an airport in Class B, Class C, Class D, or Class E airspace unless the ground visibility is at least 3 SM.
If ground visibility is not reported, flight visibility must be at the least 3 SM.

91.157 Special VFR Weather Minimums

Special VFR clearances can be requested in Class B, Class C, Class D, or Class E airspace areas.

The flight requirements are to remain clear of clouds and have visibility of at least 1 SM.

Flight under special VFR clearance at night is only permitted if the pilot has an instrument rating and the aircraft is IFR equipped.

Special VFR is an ATC clearance obtained from the control tower. If there is no control tower, you should obtain the clearance from the appropriate air traffic control facility.

91.159 VFR Cruising Altitude or Flight Level

Specific altitudes are required for VFR cruising flight at more than 3,000 ft. AGL and below 18,000 ft. MSL.

These altitudes prescribed are based upon the magnetic course (not magnetic heading).
These altitudes are prescribed in ft. above mean sea level (MSL).

Use an odd thousand-foot MSL altitude plus 500 ft. for magnetic courses of 0° to 179°. So, that would give you 3,500, 5,500, 7,500 ft., etc when flying generally East.
Use an even thousand-foot MSL altitude plus 500 ft. for magnetic courses of 180° to 359°. And, that would give you 4,500, 6,500, 8,500 ft., etc when flying generally West.

As a memory aid, remember the saying, "East is ODD, West is EVEN odder."

91.203 Civil Aircraft: Certifications Required

The aircraft's airworthiness certificate, registration certificate, and operating limitations must be aboard an aircraft during flight.

91.207 Emergency Locator Transmitters

When activated, ELTs transmit simultaneously on 121.5 and 243.0 MHz.

It is recommended that you monitor 121.5 on your aircraft's radio before shut down (after landing) to ensure that your aircraft's ELT has not been activated.

ELT batteries must be replaced (or recharged, if rechargeable) after 1 cumulative hr. of use or after 50% of their useful life expires.

ELTs may only be tested on the ground during the first 5 min. after the hour -- airborne checks are not permitted.

91.209 Aircraft Lights

For any operations between sunset and sunrise (this includes simply taxiing on the ground), aircraft must display lighted position (navigation) lights, except in Alaska.

91.211 Supplemental Oxygen

All occupants must be provided with oxygen in an airplane operated at cabin pressure altitudes above 15,000 ft. MSL.

Pilots and crewmembers may not operate an airplane at cabin pressure altitudes above 12,500 ft. MSL up to and including 14,000 ft. MSL for more than 30 min. without supplemental oxygen.

Pilots and crewmembers must use supplemental oxygen at cabin pressure altitudes above 14,000 ft. MSL.

91.215 ATC Transponder and Altitude Reporting Equipment and Use

All aircraft must have and use an altitude encoding transponder when operating

• Within Class A airspace
• Within Class B airspace
• Within 30 NM of the Class B airspace primary airport
• Within and above Class C airspace
• Above 10,000 ft. MSL except at and below 2,500 ft. AGL

91.303 Aerobatic Flight

Aerobatic flight includes all intentional maneuvers that

1. Are not necessary for normal flight and
2. Involve an abrupt change in the airplane's attitude.

Aerobatic flight is prohibited

• When visibility is less than 3 SM;
• When altitude is less than 1,500 ft. above the ground;
• Within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport;
• Within 4 NM of the centerline of any Federal airway; or
• Over any congested area or over an open-air assembly of people.

91.307 Parachutes and Parachuting

With certain exceptions, each occupant of an aircraft must wear an approved parachute during

• any intentional maneuver exceeding 60° bank, or
• A nose-up or nose-down attitude of 30°.

A chair-type parachute must be packed by a certificated and appropriately rated parachute rigger within the preceding 120 days.

91.313 Restricted Category Civil Aircraft: Operating Limitations

Restricted category civil aircraft may not normally be operated

• Over densely populated areas,
• In congested airways, or
• Near a busy airport where passenger transport is conducted.

91.319 Aircraft Having Experimental Certificates: Operating Limitations

No person may operate an aircraft that has an experimental or restricted certificate over a densely populated area or in a congested airway unless authorized by the FAA.

91.403 General

The owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition and for complying with all Airworthiness Directives (ADs).

An operator is a person who uses, or causes to use or authorizes to use, an aircraft for the purpose of air navigation, including the piloting of an aircraft, with or without the right of legal control (i.e., owner, lessee, or otherwise).

Thus, the pilot in command is also responsible for ensuring that the aircraft is maintained in an airworthy condition and that there is compliance with all ADs.

91.405 Maintenance Required

Each owner or operator of an aircraft shall ensure that maintenance personnel make the appropriate entries in the aircraft maintenance records indicating the aircraft has been approved for return to service.

91.407 Operation after Maintenance, Preventive Maintenance, Rebuilding, or Alteration

When aircraft alterations or repairs change the flight characteristics, the aircraft must be test flown and approved for return to service prior to carrying passengers.
The pilot test flying the aircraft must be at least a private pilot and rated for the type of aircraft being tested.

91.409 Inspections

Annual inspections expire on the last day of the 12th calendar month after the previous annual inspection.

All aircraft that are used for compensation or hire including flight instruction must be inspected on a 100-hr. basis in addition to the annual inspection.

100-hr. inspections are due every 100 hr. from the prior due time, regardless of when the inspection was actually performed.

91.413 ATC Transponder Tests and Inspections

No person may use an ATC transponder unless it has been tested and inspected within the preceding 24 calendar months.

91.417 Maintenance Records

An airplane may not be flown unless it has been given an annual inspection within the preceding 12 calendar months.

The annual inspection expires after 1 year, on the last day of the month of issuance.

The completion of the annual inspection and the airplane's return to service should be appropriately documented in the airplane maintenance records. The documentation should include the current status of airworthiness directives and the method of compliance.

The airworthiness of an airplane can be determined by a preflight inspection and a review of the maintenance records.

6.2 NTSB PART 830—Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft

830.5 Immediate Notification

Even when no injuries occur to occupants, an airplane accident resulting in substantial damage must be reported to the nearest National Transportation Safety Board (NTSB) field office immediately.

The following incidents must also be reported immediately to the NTSB:

• Inability of any required crewmember to perform normal flight duties because of in-flight injury or illness
• In-flight fire
• Flight control system malfunction or failure
• An overdue airplane that is believed to be involved in an accident
• An airplane collision in flight
• Turbine (jet) engine failures

830.10 Preservation of Aircraft Wreckage, Mail, Cargo, and Records

Prior to the time the Board or its authorized representative takes custody of aircraft wreckage, mail, or cargo, such wreckage, mail, or cargo may not be disturbed or moved except

• To remove persons injured or trapped,
• To protect the wreckage from further damage, or
• To protect the public from injury.

830.15 Reports and Statements to Be Filed

The operator of an aircraft shall file a report on Board Form 6120.1/2 within 10 days after an accident.

A report must be filed within 7 days if an overdue aircraft is still missing.

A report on an incident for which immediate notification is required (830.5) shall be filed only when requested by an authorized representative of the Board.

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