Chapter 4
Regulations

Pilot Certificate Types and Privileges

Although “FAR” is used as the acronym for “Federal Aviation Regulations,” and found throughout the regulations themselves and hundreds of other publications, the FAA is now actively discouraging its use. “FAR” also means “Federal Acquisition Regulations.” To eliminate any possible confusion, the FAA cites the federal aviation regulations with reference to Title 14 of the Code of Federal Regulations. For example, “FAR Part 91.3” is referenced as “14 CFR Part 91 Section 3.”

The holder of a student pilot certificate is limited to flight with an instructor pilot until certain requirements are met, after which solo flight may be authorized. A student pilot may neither carry passengers nor fly for compensation or hire.

A private pilot certificate grants almost unlimited solo, passenger carrying, and cargo transport privileges, as long as the flying is not done for compensation or hire. A private pilot may share the operating expenses of a flight with his/her passengers. He/she may also act as pilot-in-command in connection with business or employment if the flight is only incidental to that business.

The holder of a commercial pilot certificate may act as pilot-in-command of an aircraft carrying persons or property for compensation or hire. To carry passengers for hire on cross-country flight of more than 50 nautical miles, or at night, a commercial airplane pilot must hold an appropriate instrument rating.

An airline transport pilot has the privileges of a commercial pilot with an instrument rating. He/she may also instruct other pilots in air transportation service in aircraft of the category, class, and type for which he/she is rated. Part 121 and Part 135 regulations address the situations in which an ATP rating is required, such as when acting as pilot-in-command of a multi-engine commuter flight.

Aircraft category and class ratings in which a pilot is qualified are placed on the pilot’s certificate. A type rating is also required to act as pilot-in-command of a large aircraft (in excess of 12,500 pounds maximum gross takeoff weight) or of a turbojet-powered aircraft of any weight. Private or commercial pilots wishing to fly under instrument flight rules must also have an instrument rating placed on their certificates.

Additional ratings may be granted when a pilot has achieved the required level of skill and knowledge and has successfully completed an inflight test. In the case of an instrument rating, the pilot must also pass an FAA Knowledge Exam.

All pilot certificates (except student) are valid indefinitely unless surrendered, suspended, or revoked. There are no expiration dates.

A pilot must have in his/her possession, or readily accessible in the aircraft, the following documents when operating an aircraft:

1. A pilot’s certificate; and

2. A current medical certificate (except for glider and free balloon pilots).

Medical Certificates

Student pilot, recreational pilot, and private pilot operations other than glider and balloon pilots require a third-class medical certificate, or if operating without a medical certificate, compliance with 14 CFR Part 68—referred to as BasicMed. A third-class medical certificate or compliance with BasicMed does not authorize the PIC to exercise commercial pilot privileges. To operate as a commercial pilot you are required to hold either a first or second-class medical certificate. A third-class medical certificate expires at the end of:

1. The 60th month after the month of the date of the examination shown on the certificate if the person has not reached his or her 40th birthday on or before the date of examination; or

2. The 24th month after the month of the date of examination shown on the certificate if the person has reached his or her 40th birthday on or before the date of the examination.

The holder of a second-class medical certificate may exercise commercial privileges during the first 12 calendar months, but the certificate is valid only for private pilot privileges during the following (12 or 48) calendar months, depending on the applicant’s age.

The holder of a first-class medical certificate may exercise airline transport pilot privileges during the first (6 or 12) calendar months, commercial privileges during the following (6 or 0) calendar months, and private pilot privileges during the following (12 or 48) calendar months, depending on the applicant’s age. To state another way, a medical certificate may last 6 months to a year with first-class privileges, 12 months (from the date of the examination) with second-class privileges, and 2 or 5 years with third-class privileges—depending on whether the applicant is above or below 40 years of age.

Each type of medical certificate is valid through the last day of the month (of the month it expires), regardless of the day the physical examination was given.

Pilot Logbooks

A pilot must log:

• The time required for an added certificate or rating; or

• The time necessary for meeting his/her recent flight experience requirements.

The logging of other flight time is not required.

A pilot may log as pilot-in-command (PIC) only that flight time during which he/she is the sole manipulator of the controls, or during the time he/she acts as PIC on an aircraft which requires more than one pilot due to the aircraft’s certification or the regulations under which the flight is conducted.

A pilot may log as second-in-command (SIC) time all flight time during which he/she acts as SIC of an aircraft in which more than one pilot is required due to the aircraft’s certification or the regulations under which the flight is conducted.

An airline transport pilot may log as pilot-in-command time, all the time during which he/she acts as pilot-in-command.

High-Performance, Complex, and Tailwheel Airplanes

To act as pilot-in-command of an airplane that has more than 200 horsepower, or is equipped with retractable landing gear, flaps and a controllable propeller, a person must receive flight instruction and obtain a logbook endorsement of competency from a certified flight instructor. This endorsement is required only one time.

No person may serve as second-in-command (SIC) of a large airplane, or a turbojet-powered airplane type certificated for more than one required flight crew member unless he/she holds:

1. At least a current private pilot certificate with appropriate category and class ratings; and

2. An appropriate instrument rating, in the case of flight under IFR.

Recent Flight Experience: Pilot-In-Command

No person may act as PIC of an aircraft unless within the preceding 24 calendar months he/she has accomplished a flight review. This review is given in an aircraft for which he/she is rated by an appropriately certificated instructor or other person designated by the FAA. Satisfactory accomplishment of this flight review will be endorsed in his/her logbook. If the pilot takes a proficiency check (for a certificate or a new rating), it counts for the flight review. A biennial flight review would then be required at the end of the 24th calendar month following that proficiency check. The review must include a mini­mum of 1 hour flight instruction and 1 hour ground instruction.

No person may act as PIC of an aircraft carrying passengers unless, within the preceding 90 days, he/she has made three takeoffs and landings (touch and go is allowed if the aircraft is not a tailwheel airplane) as the sole manipulator of the controls in an aircraft of the same category, class and type (if required). In order to carry passengers in a tailwheel (conventional gear) airplane, the takeoffs and landings must be made to a full stop, and they must be in a tailwheel airplane.

No person may act as PIC of an aircraft carrying passengers during the period from 1 hour after sunset to 1 hour before sunrise unless, within the preceding 90 days, he/she has made at least three takeoffs and three landings to a full stop during that period in the same category and class of aircraft to be used.

Change of Address

If a pilot changes his/her permanent address without notifying the FAA Airman Certification Branch in writing within 30 days, he/she may not exercise the privileges of his/her certificate. For notification of address change, write to:

Department of Transportation

Federal Aviation Administration

Airman Certification Branch

Box 25082

Oklahoma City, OK 73125

Towing

A certificated pilot may not act as pilot-in-command of an aircraft towing a glider unless there is a minimum of 100 hours of pilot flight time in powered aircraft entered in the pilot’s logbook, and within the preceding 24 months, he/she has made at least three actual or simulated glider tows while accompanied by a qualified pilot.

No pilot may tow anything other than a glider with an aircraft, except in accordance with the terms of a certificate of waiver issued by the Administrator.

Responsibility and Authority of the Pilot-In-Command

The pilot-in-command is directly responsible for the safety of his/her aircraft. The PIC is the final authority as to the operation of the aircraft. In the interest of safety, the PIC can deviate from any of these regulations to the extent necessary to meet an emergency. Each pilot-in-command who deviates from a regulation must, if requested, send a written report of that deviation to the Administrator.

No pilot-in-command may allow any object to be dropped from an aircraft in flight that creates a hazard to persons or property. However, this does not prohibit the dropping of objects if reasonable precautions are taken to avoid injury or damage to persons or property.

Operate, with respect to aircraft, means use, cause to use or authorize to use aircraft, for the purpose of air navigation including the piloting of aircraft, with or without the right of legal control (as owner, lessee, or otherwise).

Operational control, with respect to a flight, means the exercise of authority over initiating, conducting or terminating a flight.

Commercial operator means a person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property, other than as an air carrier or foreign air carrier. Where it is doubtful that an operation is for “compensation or hire,” the test applied is whether the carriage by air is merely incidental to the person’s other business or is, in itself, a major enterprise for profit.

Preflight Action

Each pilot-in-command, before starting a flight, shall familiarize him/herself with all available information concerning that flight. This information must include runway lengths and takeoff and landing distance information for airports of intended use. If the flight will not be in the vicinity of an airport or will be under IFR, the PIC must also check:

• Available weather reports and forecasts

• Fuel requirements

• Alternatives available if the flight cannot be completed as planned

• Any known traffic delays as advised by ATC

No person may operate an aircraft unless it has within it:

1. An appropriate and current airworthiness certificate, displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

2. A registration certificate issued to its owner.

3. An approved flight manual, manual material, markings and placards or any combination of these, showing the operating limitations of the aircraft.

A mnemonic aid to remembering the documentation required on board an aircraft prior to flight is:

Airworthiness certificate

Registration certificate

Owner’s manual or operating limitations

Weight and balance data

Seatbelts

During takeoff and landing, and while en route, each required flight crewmember shall be at his/her station with seatbelt fastened, unless the crewmember has to leave in connection with the operation of the aircraft or physiological needs. Also, each required flight crewmember must keep the shoulder harness fastened during takeoff and landing, unless the crewmember would be unable to perform his/her duties with the shoulder harness fastened.

No pilot may takeoff or land a civil aircraft unless the PIC ensures that each person on board has been notified to fasten his/her safety belt and ensures that each person on board knows how to operate the safely belt. Each person on board must occupy a seat with a seatbelt properly secured during takeoffs and landings. (A person who has not reached his/her second birthday may be held by an adult.)

Free balloons and some airships are exempted from these requirements.

Portable Electronic Devices

No person may operate or allow the operation of any portable electronic device on board an aircraft:

1. Operated by an air carrier or commercial operator; or

2. While it is operated under IFR.

Exceptions to this regulation are:

• Voice recorders

• Hearing aids

• Heart pacemakers

• Electric shavers

• Anything else the PIC has determined will not cause interference with navigation or communications systems.

Fuel Requirements

No person may begin a flight in an airplane under VFR unless there is enough fuel to get to the first point of intended landing and, assuming normal cruise speed,

• During the day, to fly after that for at least 30 minutes

• At night, to fly after that for at least 45 minutes.

No person may operate an airplane in IFR conditions unless it carries enough fuel (considering available weather reports and forecasts) to:

1. Fly to the first airport of intended landing;

2. Fly from that airport to the alternate, if required; and

3. Fly thereafter for 45 minutes at normal cruising speed;

4. If a standard instrument approach is prescribed for the first airport of intended landing; and

5. For at least 1 hour before to 1 hour after the ETA at the airport, weather reports and forecasts indicate:

a. The ceiling will be at least 2,000 feet above the airport elevation; and

b. Visibility will be at least 3 miles.

Transponder and ADS-B Requirements

A coded transponder with altitude reporting capability is required for flight in all airspace over the 48 contiguous states and the District of Columbia; at and above 10,000 feet MSL; and below the floor of a Class A airspace, excluding the airspace at and below 2,500 feet AGL.

ATC may authorize deviations on a continuing basis or for individual flights. To operate an aircraft without a transponder, a request must be submitted at least 1 hour before the proposed operation to the ATC facility that has jurisdiction over the airspace.

As of January 1, 2020, aircraft operating in airspace previously requiring the use of a transponder will in addition be required to have an Automatic Dependent Surveillance – Broadcast (ADS-B) system that includes a certified position source capable of meeting requirements defined in 14 CFR §91.227. For altitudes below FL180, this system can be either a 1090-ES or Universal Access Transceiver (UAT). Operations in class A airspace require the use of extended squitter ADS-B and Traffic Information Services – Broadcast (TIS-B) equipment operating on the radio frequency of 1090 MHz. This combination of equipment is simply referred to as 1090-ES.

All aircraft equipped with functioning ADS-B Out must operate in transmit mode at all times, unless otherwise authorized by the FAA. Authorization may be approved when the aircraft is performing a sensitive government mission for national defense, homeland security, intelligence, or law enforcement purposes when transmitting would compromise the operations security and safety of the mission.

Supplemental Oxygen

No person may operate a civil aircraft:

1. At cabin pressure altitudes above 12,500 feet MSL up to and including 14,000 feet MSL, unless the required minimum flight crew uses supplemental oxygen for that part of the flight that is more than 30 minutes duration;

2. At cabin pressure altitudes above 14,000 feet MSL, unless the required minimum flight crew uses supplemental oxygen during the entire flight at those altitudes; and

3. At cabin pressure altitudes above 15,000 feet MSL, unless each occupant of the aircraft is provided with oxygen.

Instrument and Equipment Requirements

If a flight is being conducted for hire over water and beyond power-off gliding distance from shore, approved flotation gear readily available to each occupant and at least one pyrotechnic signaling device are required. Also, if the flight is conducted for hire at night, one electric landing light is needed. An operating anti-collision system is required for all night flights. This equipment is in addition to that required for noncommercial operations.

Restricted, Limited, and Experimental Aircraft: Operating Limitations

No person may operate a restricted, limited or experimentally certificated civil aircraft carrying passengers or property for compensation or hire. In addition, no person may operate a restricted category aircraft:

• Over a densely populated area

• In a congested airway

• Near a busy airport where passenger transport operations are conducted.

Emergency Locator Transmitter (ELT)

Except as listed below, all airplanes must have on board an ELT that:

1. Is attached to the airplane in such a manner as to minimize the possibility of damage in a crash;

2. Transmits on 121.5 and 243.0 MHz;

3. Has batteries which must be replaced (or recharged, if the battery is rechargeable) after 1 hour of cumulative use, or when 50% of their useful shelf life has expired (or in the case or rechargeable batteries, when 50% of the useful life of the charge has expired). This date must be stamped on the outside of the battery case and entered in the aircraft logbook.

Aircraft and operations that do not need ELTs are:

1. Those ferrying an aircraft for an ELT installation or repair;

2. Training flights within a 50-mile radius from the airport;

3. Turbojet-powered aircraft; or

4. Agricultural operations.

Testing of ELTs should be carried out only during the first 5 minutes of any hour for no more than three sweeps, unless coordinated with ATC.

Truth in Leasing

To operate a large civil U.S. aircraft that is leased, the lessee must mail a copy of the lease to the Aircraft Registry Technical Section, Box 25724, Oklahoma City, Oklahoma, 73125, within 24 hours of its execution.

Operating Near Other Aircraft and Right-of-Way Rules

No person may operate an aircraft so close to another aircraft as to create a collision hazard. Aircraft carrying passengers for hire may not be flown in formation. Formation flying on flights not carrying passengers for hire is allowed, if the pilots of all the aircraft involved are in agreement.

When weather conditions permit, it is each pilot’s responsibility to see and avoid other traffic, regardless of whether the flight is being conducted under Visual Flight Rules or Instrument Flight Rules. An aircraft in distress has the right-of-way over all others.

Aircraft on final approach to land, or while landing, have the right-of-way over other aircraft in flight or on the surface. If two aircraft are approaching the airport for the purpose of landing, the lower aircraft has the right-of-way, but the pilot shall not take advantage of this rule to cut in front of or to overtake the other aircraft.

When aircraft of the same category are converging, the aircraft to the other’s right has the right-of-way. If the aircraft are of different categories, the order of right-of-way is:

1. Balloon

2. Glider

3. Airship

4. Airplane or rotorcraft

If two aircraft are approaching head-on, each pilot shall alter course to the right. See Figure 4-1. If two aircraft of the same category are converging because one is overtaking the other, the one being overtaken has the right-of-way and the overtaking aircraft must pass well clear to the right. See Figure 4-2.

Any aircraft towing another aircraft or refueling in flight has the right-of-way over all other engine-driven aircraft.

Figure 4-1. Aircraft approaching head-on

Figure 4-2. One aircraft overtaking another

Speed Limits

If ATC assigned an airspeed, it must be maintained within plus or minus 10 knots. All aircraft must observe the speed limits (all speeds are shown in knots and are indicated airspeed) as illustrated in Figure 4-3.

Figure 4-3. Maximum speed limits

Aircraft Lights

No person may, during the period from sunset to sunrise, operate an aircraft unless it has lighted position lights. The right wing-tip position light is green, the left is red and the tail white. Each aircraft must also have an approved anti-collision light system.

Minimum Altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft below an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Except when necessary for takeoff or landing, no person may operate an aircraft over any congested area of a city, town, or settlement, or over any open air assembly of persons, below an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. Except when necessary for takeoff or landing, no person may operate an aircraft over other than congested areas below an altitude of 500 feet above the surface except over open water or sparsely populated areas. In that case, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Except when necessary for takeoff or landing, or unless otherwise authorized by the Administrator, the minimum altitude for IFR flight is:

1. 2,000 feet above the highest obstacle within a horizontal distance of 4 NM from the course to be flown over an area designated as a mountainous area; or

2. 1,000 feet above the highest obstacle within a horizontal distance of 4 NM from the course to be flown over terrain in other areas.

Maintenance Responsibility

The owner or operator of an aircraft holds primary responsibility for:

1. Maintaining that aircraft in an airworthy condition;

2. Having required inspections performed; and

3. Ensuring that maintenance personnel make the required entries in the aircraft maintenance records indicating that the aircraft has been approved for return to service.

Operation of an aircraft after maintenance, rebuilding or alteration is prohibited unless:

• The aircraft has been approved for return to service by authorized maintenance personnel

• The required maintenance record entry has been made.

In addition, after any major alteration or repair that may have substantially affected an aircraft’s flight characteristics or flight operation, it must be test flown before passengers may be carried. The test pilot must be appropriately rated and must hold at least a private pilot certificate. The aircraft’s documents must indicate that it was test flown and approved for return to service by an appropriately-rated pilot.

Aircraft Inspections

Each aircraft must have had an annual inspection performed within the preceding 12 calendar months. That inspection must be recorded in the aircraft and engine logbooks, and is valid through the last day of the month, regardless of the issuance date.

In addition to an annual inspection, if an aircraft is used to carry passengers for hire or is used for flight instruction, it must have an inspection every 100 hours. The 100-hour limitation may be exceeded by not more than 10 hours, if necessary, to reach a location where the inspection can be done. The excess time, however, must be included in calculating the following 100 hours of time in service. An annual inspection may be substituted for 100-hour inspection.

A progressive maintenance program requires that an aircraft be maintained and inspected at specified intervals (for example, every 50 hours) and according to a specific sequence (for example, four operations per cycle). A typically-approved progressive maintenance program meets the requirements of both annual and 100-hour inspections when the scheduled operations are completed within 12 months.

In order to be approved for operation at all, each transponder must be inspected and tested within 24 calendar months. This inspection must be noted in the appropriate logbooks.

The validity of an airworthiness certificate is maintained by an appropriate return-to-service notation in the aircraft maintenance records at the completion of any required inspections and maintenance.

Maintenance Records

With the exception of work performed under 14 CFR §91.171, records of the following work must be kept until the work is repeated or superseded by other work, or for one year after the work is performed:

• Records of maintenance or alterations

• Records of 100-hour, annual, progressive and other required or approved inspections.

The records of the following must be retained and transferred with the aircraft at the time the aircraft is sold:

• Total time in service of the airframe

• Current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance

• Current status of inspections and airworthiness directives

• A list of all current major alterations.

A recording tachometer cannot be substituted for required aircraft maintenance records.

Each manufacturer or agency that grants zero time to a rebuilt engine shall enter, in a new record:

• A signed statement of the date the engine was rebuilt

• Each change made as required by airworthiness directives

• Each change made in compliance with manufacturer service bulletins.

Old maintenance records may be discarded when an engine is rebuilt.

Maintenance, Preventative Maintenance, Rebuilding, and Alteration

The holder of a pilot certificate issued under Part 61 may perform preventative maintenance (in accordance with 14 CFR Part 43, Appendix A) on any aircraft owned or operated by him/her that is not in air carrier service. Two of the conditions that apply are as follows:

1. Preventive maintenance performed by a certificated pilot must be logged, and kept in the aircraft maintenance records; and

2. Work considered as preventive maintenance is generally that which does nothing to alter the weight, CG, or flight controls, and does not require tampering with key components (prop, struts, etc.).

14 CFR Part 39 prescribes Airworthiness Directives (ADs) that apply to an aircraft and its parts. When aircraft operational or mechanical problems are discovered, manufacturers may issue service bulletins recommending corrective measures. However, when an unsafe condition exists and that condition is likely to exist or develop in other products of the same or similar type or design, the FAA will issue an Airworthiness Directive. Airworthiness Directives are considered to be amendments to regulations. Compliance is mandatory and is the responsibility of the owner or operator of that aircraft. Noncompliance with ADs renders an aircraft unairworthy. No person may operate an aircraft to which an AD applies, except in accordance with the requirements of that AD. Compliance with the provisions of each AD must be recorded in the aircraft maintenance records.

NTSB Part 830

Part 830 deals with the reporting of aircraft accidents and incidents. An operator is responsible to the NTSB, not the FAA, for all rules pertaining to this part. Part 830 also deals with the preservation of aircraft wreckage, mail, cargo, and records. An operator will notify the nearest NTSB office immediately if any of the following occur:

1. An aircraft accident, meaning—

a. A fatality or serious injury; or

b. Any substantial damage. This means any damage which adversely affects the structural strength, performance, or flight characteristics of the aircraft; (damage to the landing gear, wheels, tires, flaps, engine accessories, brakes, wing tips or small puncture holes in the skin or fabric are not considered substantial damage);

2. An aircraft overdue and believed to have been involved in an accident; or

3. Any of the following incidents:

a. An inflight fire;

b. Aircraft collision in flight;

c. Inability of a flight crew member to perform his/her duties due to illness or injury; or

d. Flight control system malfunction or failure.

In addition to the immediate notification, the pilot or operator will file a written report:

• In the case of an accident, within 10 days

• In the case of an overdue aircraft, within 7 days if the aircraft is still missing

• In the case of an incident, upon request.

IFR Operations

The pilot-in-command of each aircraft operated in controlled airspace under IFR shall report as soon as practical to ATC any malfunctions of navigational approach, or communication equipment occurring in flight.

No pilot operating an aircraft, except a United States military aircraft, may land that aircraft when the flight visibility is less than the visibility prescribed in the standard instrument approach procedure being used.

The limitation on procedure turns states that in the case of a radar vector to a final approach course or fix, a timed approach from a holding fix, or an approach for which the procedure specifies “No PT,” no pilot may make a procedure turn unless cleared to do so by ATC.