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FAR Part 91

Table of Contents

  • ​FAR Part 91

    • General Operation and Flight Rules

    • Flight Rules and Requirements

    • Maintenance and Inspection

    • Visual Flight Rules (VFR) Requirements

    • Operating near Airports and in Controlled Airspace

    • Right-of-way Rules and Uncontrolled Airspace

    • Aircraft Equipment and Instrumentation

  • Instrument Flight Rules (IFR) Requirements: 

    • Fuel requirements for flight in IFR conditions

    • IFR Flight Plan: Information Required

    • VOR equipment check for IFR operations

    • ATC clearance and flight plan required

    • Takeoff and landing under IFR

    • Minimum Altitudes for IFR Operations

    • IFR Operations: Two-Way Radio Communications Failure

    • Operation under IFR in controlled airspace: Malfunction Reports

FAR Part 91 establishes the general operating and flight rules for civil aircraft in the United States. This regulation governs the conduct of flight operations, including flight planning, preflight procedures, airspace utilization, and aircraft maintenance requirements. Part 91 also prescribes the minimum equipment and instrument requirements for operating aircraft in various flight conditions, as well as the procedures for obtaining and complying with air traffic control clearances and instructions. Furthermore, Part 91 addresses specific operational scenarios, such as visual flight rules (VFR) and instrument flight rules (IFR) operations, as well as rules for operating in special-use airspace and conducting aerobatic maneuvers. Overall, Part 91 serves as a fundamental regulatory framework for ensuring the safe and efficient operation of civil aircraft in the National Airspace System (NAS) of the United States.

FAR Part 91

​General Operating and Flight Rules

  • 91.3: Responsibility and authority of the pilot in command.

(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

(b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.

(c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.

The pilot in command holds ultimate responsibility and authority for the operation of the aircraft and can deviate from regulations in emergencies, with the obligation to report such deviations to the aviation authority if requested.

  • § 91.7: Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.

  • § 91.9: Civil aircraft flight manual, marking, and placard requirements.

(a) Except as provided in paragraph (d) of this section, no person may operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the country of registry.

(b) No person may operate a U.S.-registered civil aircraft—

(1) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in § 121.141(b); and

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

(c) No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 or 48of this chapter.

(d) Any person taking off or landing a helicopter certificated under part 29 of this chapter at a heliport constructed over water may make such momentary flight as is necessary for takeoff or landing through the prohibited range of the limiting height-speed envelope established for the helicopter if that flight through the prohibited range takes place over water on which a safe ditching can be accomplished and if the helicopter is amphibious or is equipped with floats or other emergency flotation gear adequate to accomplish a safe emergency ditching on open water.

No person can operate a civil aircraft without adhering to the specified operating limitations outlined in the approved Airplane or Rotorcraft Flight Manual, as mandated by the certificating authority of the aircraft's registry country, except in cases detailed in paragraph (d) of this section.

  • § 91.103: Preflight action.

Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include—

(a) For a flight under IFR or a flight 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 of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Before commencing a flight, each pilot in command must familiarize themselves with all available information pertinent to the flight, including weather reports, fuel requirements, alternative routes, known traffic delays (for IFR or non-airport vicinity flights), and runway lengths at intended airports, along with takeoff and landing distance data specific to the aircraft being flown.

Visual Flight Rules (VFR) Requirements:

  • § 91.151: Fuel Requirements for Flight in VFR Conditions

§ 91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed—

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

  • § 91.153 VFR Flight Plan: Information Required

§ 91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed—

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

  • § 91.155: Basic VFR weather minimums.

(a) Except as provided in paragraph (b) of this section and § 91.157, no person may operate an aircraft under VFR when the flight visibility is less, or at a distance from clouds that is less, than that prescribed for the corresponding altitude and class of airspace in the following table:

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(b) Class G Airspace. Notwithstanding the provisions of paragraph (a) of this section, the following operations may be conducted in Class G airspace below 1,200 feet above the surface:

(1) Helicopter. A helicopter may be operated clear of clouds in an airport traffic pattern within 1/2 mile of the runway or helipad of intended landing if the flight visibility is not less than 1/2 statute mile.

(2) Airplane, powered parachute, or weight-shift-control aircraft. If the visibility is less than 3 statute miles but not less than 1 statute mile during night hours and you are operating in an airport traffic pattern within 1/2 mile of the runway, you may operate an airplanepowered parachute, or weight-shift-control aircraft clear of clouds.

(c) Except as provided in § 91.157, no person may operate an aircraft beneath the ceiling under VFR within the lateral boundaries of controlled airspace designated to the surface for an airport when the ceiling is less than 1,000 feet.

(d) Except as provided in § 91.157 of this part, no person may take off or land an aircraft, or enter the traffic pattern of an airport, 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—

(1) Unless ground visibility at that airport is at least 3 statute miles; or

(2) If ground visibility is not reported at that airport, unless flight visibility during landing or takeoff, or while operating in the traffic pattern is at least 3 statute miles.

(e) For the purpose of this section, an aircraft operating at the base altitude of a Class E airspace area is considered to be within the airspace directly below that area.

Regulation 91.155 provides precise directives concerning minimum altitudes for aircraft operations in various airspace scenarios. For instance, over congested areas, such as cities or towns, aircraft must maintain a minimum altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet. Similarly, over other than congested areas, the minimum altitude requirement is 500 feet above the surface, with exceptions for open water or sparsely populated regions where aircraft must not operate closer than 500 feet to any person, vessel, vehicle, or structure. These altitude regulations are crucial for ensuring safe separation from ground obstacles and structures while minimizing the risk of collisions. Basic VFR weather minimums specify the visibility and cloud clearance criteria necessary for safe visual flight. According to these standards, during daylight hours, pilots must maintain a minimum visibility of three statute miles and remain clear of clouds by at least 500 feet below, 1,000 feet above, and 2,000 feet horizontally. At night, the visibility requirement increases to five statute miles, ensuring adequate visibility for safe navigation in reduced light conditions. These weather minimums are essential for maintaining situational awareness and avoiding potential hazards associated with limited visibility or adverse weather conditions, thus ensuring the safety of VFR flights. By adhering to these regulations, pilots can effectively manage risks and ensure the safe operation of aircraft in visual meteorological conditions.

§ 91.159: VFR Cruising Altitude or Flight Level

Except while holding in a holding pattern of 2 minutes or less, or while turning, each person operating an aircraft under VFR in level cruising flight more than 3,000 feet above the surface shall maintain the appropriate altitude or flight level prescribed below, unless otherwise authorized by ATC:

(a) When operating below 18,000 feet MSL and—

(1) On a magnetic course of zero degrees through 179 degrees, any odd thousand foot MSL altitude + 500 feet (such as 3,500, 5,500, or 7,500); or

(2) On a magnetic course of 180 degrees through 359 degrees, any even thousand foot MSL altitude + 500 feet (such as 4,500, 6,500, or 8,500).

(b) When operating above 18,000 feet MSL, maintain the altitude or flight level assigned by ATC.

Except during brief holding patterns or turns, pilots operating aircraft under VFR at altitudes surpassing 3,000 feet above the surface must adhere to specific altitude or flight level requirements as per Regulation 91.159, unless otherwise directed by ATC. Below 18,000 feet MSL, altitudes are determined by magnetic course, with odd thousand foot MSL altitudes plus 500 feet for courses from zero to 179 degrees, and even thousand foot MSL altitudes plus 500 feet for courses from 180 to 359 degrees; above 18,000 feet MSL, pilots must maintain the altitude or flight level assigned by ATC, ensuring safe separation and orderly traffic management.

Flight Rules and Requirements

  • § 91.107: Use of safety belts, shoulder harnesses, and child restraint systems

(a) Unless otherwise authorized by the Administrator—

(1) No pilot may take off a U.S.-registered civil aircraft (except a free balloon that incorporates a basket or gondola, or an airship type certificated before November 2, 1987) unless the pilot in command of that aircraft ensures that each person on board is briefed on how to fasten and unfasten that person's safety belt and, if installed, shoulder harness.

(2) No pilot may cause to be moved on the surface, take off, or land a U.S.-registered civil aircraft (except a free balloon that incorporates a basket or gondola, or an airship type certificated before November 2, 1987) unless the pilot in command of that aircraft ensures that each person on board has been notified to fasten his or her safety belt and, if installed, his or her shoulder harness.

(3) Except as provided in this paragraph, each person on board a U.S.-registered civil aircraft (except a free balloon that incorporates a basket or gondola or an airship type certificated before November 2, 1987) must occupy an approved seat or berth with a safety belt and, if installed, shoulder harness, properly secured about him or her during movement on the surface, takeoff, and landing. For seaplane and float equipped rotorcraft operations during movement on the surface, the person pushing off the seaplane or rotorcraft from the dock and the person mooring the seaplane or rotorcraft at the dock are excepted from the preceding seating and safety belt requirements. Notwithstanding the preceding requirements of this paragraph, a person may:

(i) Be held by an adult who is occupying an approved seat or berth, provided that the person being held has not reached his or her second birthday and does not occupy or use any restraining device;

(ii) Use the floor of the aircraft as a seat, provided that the person is on board for the purpose of engaging in sport parachuting; or

(iii) Notwithstanding any other requirement of this chapter, occupy an approved child restraint system furnished by the operator or one of the persons described in paragraph (a)(3)(iii)(A) of this section provided that:

(A) The child is accompanied by a parent, guardian, or attendant designated by the child's parent or guardian to attend to the safety of the child during the flight;

(B) Except as provided in paragraph (a)(3)(iii)(B)(4) of this action, the approved child restraint system bears one or more labels as follows:

(1) Seats manufactured to U.S. standards between January 1, 1981, and February 25, 1985, must bear the label: “This child restraint system conforms to all applicable Federal motor vehicle safety standards”;

(2) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels:

(i) “This child restraint system conforms to all applicable Federal motor vehicle safety standards”; and

(ii) “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT” in red lettering;

(3) Seats that do not qualify under paragraphs (a)(3)(iii)(B)(1) and (a)(3)(iii)(B)(2) of this section must bear a label or markings showing:

(ii) That the seat was manufactured under the standards of the United Nations;

(iii) That the seat or child restraint device furnished by the operator was approved by the FAA through Type Certificate or Supplemental Type Certificate; or

(iv) That the seat or child restraint device furnished by the operator, or one of the persons described in paragraph (a)(3)(iii)(A) of this section, was approved by the FAA in accordance with § 21.8(d) of this chapter or Technical Standard Order C–100b or a later version. The child restraint device manufactured by AmSafe, Inc. (CARES, Part No. 4082) and approved by the FAA in accordance with § 21.305(d) (2010 ed.) of this chapter may continue to bear a label or markings showing FAA approval in accordance with § 21.305(d) (2010 ed.) of this chapter.

(4) Except as provided in § 91.107(a)(3)(iii)(B)(3)(iii) and § 91.107(a)(3)(iii)(B)(3)(iv), booster-type child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and

(C) The operator complies with the following requirements:

(1) The restraint system must be properly secured to an approved forward-facing seat or berth;

(2) The child must be properly secured in the restraint system and must not exceed the specified weight limit for the restraint system; and

(3) The restraint system must bear the appropriate label(s).

(b) Unless otherwise stated, this section does not apply to operations conducted under part 121, 125, or 135 of this chapter. Paragraph (a)(3) of this section does not apply to persons subject to § 91.105.

This regulation outlines the requirements for the safe movement and operation of U.S.-registered civil aircraft regarding passenger safety measures. It mandates that prior to takeoff or movement on the surface, the pilot in command must ensure all passengers are briefed on and properly secured with safety belts and shoulder harnesses if installed. It also specifies exceptions for certain individuals and provides guidelines for the use of child restraint systems, with conditions for their approval and usage. This section doesn't apply to operations under part 121, 125, or 135 of the regulations, and certain provisions within it are exempt for persons subject to § 91.105.

  • § 91.117: Aircraft speed restrictions.

(a) Unless otherwise authorized by the Administrator, no person may operate an aircraft below 10,000 feet MSL at an indicated airspeed of more than 250 knots (288 m.p.h.).

(b) Unless otherwise authorized or required by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C or Class D airspace area at an indicated airspeed of more than 200 knots (230 mph.). This paragraph (b) does not apply to any operations within a Class B airspace area. Such operations shall comply with paragraph (a) of this section.

(c) No person may operate an aircraft in the airspace underlying a Class B airspace area designated for an airport or in a VFR corridor designated through such a Class B airspace area, at an indicated airspeed of more than 200 knots (230 mph).

(d) If the minimum safe airspeed for any particular operation is greater than the maximum speed prescribed in this section, the aircraft may be operated at that minimum speed.

This regulation imposes speed restrictions for aircraft operations at different altitudes and within specific airspace classes, setting maximum indicated airspeeds to ensure safety. Exceptions apply if authorized by the Administrator or required by Air Traffic Control (ATC), and if the minimum safe airspeed exceeds the specified maximum, the aircraft may be operated at the higher speed.

  • § 91.119: Minimum safe altitudes: General

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

Establishing altitude requirements for aircraft operations based on location and type, this regulation aims to ensure the safety of persons and property on the ground. It delineates different altitudes for emergency landing capabilities, congested areas, and other areas, with exceptions for helicopters, powered parachutes, and weight-shift-control aircraft, provided operations can be conducted without endangering persons or property below.

  • § 91.121: Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; or

(2) At or above 18,000 feet MSL, to 29.92″ Hg.

(b) The lowest usable flight level is determined by the atmospheric pressure in the area of operation as shown in the following table:

Current altimeter setting vs. Lowest usable flight level

29.92 (or higher) -180

29.91 through 29.42 - 185

29.41 through 28.92 - 190

28.91 through 28.42 - 195

28.41 through 27.92 - 200

27.91 through 27.42 - 205

27.41 through 26.92 - 210

(c) To convert minimum altitude prescribed under §§ 91.119 and 91.177 to the minimum flight level, the pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate number of feet specified below, according to the current reported altimeter setting:

Current altimeter setting vs. Adjustment factor

29.92 (or higher) - None

29.91 through 29.42 - 500

29.41 through 28.92 - 1,000

28.91 through 28.42 - 1,500

28.41 through 27.92 - 2,000

27.91 through 27.42 - 2,500

27.41 through 26.92 - 3,000

In accordance with this regulation, it is required that every aircraft operator ensures the maintenance of the appropriate cruising altitude or flight level utilizing a calibrated altimeter. Below 18,000 feet MSL, adherence to the current reported setting of a nearby station within 100 nautical miles, or to the elevation of the departure airport if no station is available, is mandated, while at or above 18,000 feet MSL, setting the altimeter to 29.92" Hg is obligatory. Additionally, guidelines for determining the lowest usable flight level based on atmospheric pressure are provided, along with instructions for adjusting minimum altitudes to minimum flight levels based on the current reported altimeter setting.

Instrument Flight Rules (IFR) Requirements

  • § 91.167: Fuel requirements for flight in IFR conditions.

(a) No person may operate a civil aircraft in IFR conditions unless it carries enough fuel (considering weather reports and forecasts and weather conditions) to—

(1) Complete the flight to the first airport of intended landing;

(2) Except as provided in paragraph (b) of this section, fly from that airport to the alternate airport; and

(3) Fly after that for 45 minutes at normal cruising speed or, for helicopters, fly after that for 30 minutes at normal cruising speed.

(b) Paragraph (a)(2) of this section does not apply if:

(1) Part 97 of this chapter prescribes a standard instrument approach procedure to, or a special instrument approach procedure has been issued by the Administrator to the operator for, the first airport of intended landing; and

(2) Appropriate weather reports or weather forecasts, or a combination of them, indicate the following:

(i) For aircraft other than helicopters. For at least 1 hour before and for 1 hour after the estimated time of arrival, the ceiling will be at least 2,000 feet above the airport elevation and the visibility will be at least 3 statute miles.

(ii) For helicopters. At the estimated time of arrival and for 1 hour after the estimated time of arrival, the ceiling will be at least 1,000 feet above the airport elevation, or at least 400 feet above the lowest applicable approach minima, whichever is higher, and the visibility will be at least 2 statute miles.

In order to operate a civil aircraft in IFR conditions, it is mandatory to ensure the aircraft carries sufficient fuel considering weather reports and forecasts. The fuel must be adequate to complete the flight to the first intended landing airport, proceed to an alternate airport (unless certain conditions are met), and sustain an additional flight duration of 45 minutes at normal cruising speed (30 minutes for helicopters). Exceptions to the requirement for an alternate airport arise if specific instrument approach procedures are prescribed, and if weather conditions meet specified criteria regarding ceiling and visibility for a designated timeframe before and after the estimated time of arrival.

  • § 91.169: IFR Flight Plan: Information Required

(a) Information required. Unless otherwise authorized by ATC, each person filing an IFR flight plan must include in it the following information:

(1) Information required under § 91.153 (a) of this part;

(2) Except as provided in paragraph (b) of this section, an alternate airport.

(b) Paragraph (a)(2) of this section does not apply if :

(1) Part 97 of this chapter prescribes a standard instrument approach procedure to, or a special instrument approach procedure has been issued by the Administrator to the operator for, the first airport of intended landing; and

(2) Appropriate weather reports or weather forecasts, or a combination of them, indicate the following:

(i) For aircraft other than helicopters. For at least 1 hour before and for 1 hour after the estimated time of arrival, the ceiling will be at least 2,000 feet above the airport elevation and the visibility will be at least 3 statute miles.

(ii) For helicopters. At the estimated time of arrival and for 1 hour after the estimated time of arrival, the ceiling will be at least 1,000 feet above the airport elevation, or at least 400 feet above the lowest applicable approach minima, whichever is higher, and the visibility will be at least 2 statute miles.

(c) IFR alternate airport weather minima. Unless otherwise authorized by the Administrator, no person may include an alternate airport in an IFR flight plan unless appropriate weather reports or weather forecasts, or a combination of them, indicate that, at the estimated time of arrival at the alternate airport, the ceiling and visibility at that airport will be at or above the following weather minima:

(1) If an instrument approach procedure has been published in part 97 of this chapter, or a special instrument approach procedure has been issued by the Administrator to the operator, for that airport, the following minima:

(i) For aircraft other than helicopters: The alternate airport minima specified in that procedure, or if none are specified the following standard approach minima:

(A) For a precision approach procedure. Ceiling 600 feet and visibility 2 statute miles.

(B) For a nonprecision approach procedure. Ceiling 800 feet and visibility 2 statute miles.

(ii) For helicopters: Ceiling 200 feet above the minimum for the approach to be flown, and visibility at least 1 statute mile but never less than the minimum visibility for the approach to be flown, and

(2) If no instrument approach procedure has been published in part 97 of this chapter and no special instrument approach procedure has been issued by the Administrator to the operator, for the alternate airport, the ceiling and visibility minima are those allowing descent from the MEA, approach, and landing under basic VFR.

(d) Cancellation. When a flight plan has been activated, the pilot in command, upon canceling or completing the flight under the flight plan, shall notify an FAA Flight Service Station or ATC facility.

When filing an IFR flight plan, it is mandatory, unless otherwise authorized by ATC, to include specific information. This includes details required under § 91.153(a) and the designation of an alternate airport, unless exempted under certain circumstances outlined in paragraph (b) of this section. Exemptions from the requirement for an alternate airport are granted if a standard or special instrument approach procedure is prescribed for the intended landing airport, and if appropriate weather conditions are forecasted for a specified period before and after the estimated time of arrival. Additionally, no alternate airport may be included in an IFR flight plan unless the weather reports or forecasts indicate that the ceiling and visibility at the alternate airport will meet specified minima at the estimated time of arrival. These minima vary depending on whether an instrument approach procedure is published for the airport. Lastly, the pilot in command is responsible for notifying an FAA Flight Service Station or ATC facility upon canceling or completing the flight under the filed flight plan.

  • § 91.171: VOR equipment check for IFR operations.

(a) No person may operate a civil aircraft under IFR using the VOR system of radio navigation unless the VOR equipment of that aircraft—

(1) Is maintained, checked, and inspected under an approved procedure; or

(2) Has been operationally checked within the preceding 30 days, and was found to be within the limits of the permissible indicated bearing error set forth in paragraph (b) or (c) of this section.

(b) Except as provided in paragraph (c) of this section, each person conducting a VOR check under paragraph (a)(2) of this section shall—

(1) Use, at the airport of intended departure, an FAA-operated or approved test signal or a test signal radiated by a certificated and appropriately rated radio repair station or, outside the United States, a test signal operated or approved by an appropriate authority to check the VOR equipment (the maximum permissible indicated bearing error is plus or minus 4 degrees); or

(2) Use, at the airport of intended departure, a point on the airport surface designated as a VOR system checkpoint by the Administrator, or, outside the United States, by an appropriate authority (the maximum permissible bearing error is plus or minus 4 degrees);

(3) If neither a test signal nor a designated checkpoint on the surface is available, use an airborne checkpoint designated by the Administrator or, outside the United States, by an appropriate authority (the maximum permissible bearing error is plus or minus 6 degrees); or

(4) If no check signal or point is available, while in flight—

(i) Select a VOR radial that lies along the centerline of an established VOR airway;

(ii) Select a prominent ground point along the selected radial preferably more than 20 nautical miles from the VOR ground facility and maneuver the aircraft directly over the point at a reasonably low altitude; and

(iii) Note the VOR bearing indicated by the receiver when over the ground point (the maximum permissible variation between the published radial and the indicated bearing is 6 degrees).

(c) If dual system VOR (units independent of each other except for the antenna) is installed in the aircraft, the person checking the equipment may check one system against the other in place of the check procedures specified in paragraph (b) of this section. Both systems shall be tuned to the same VOR ground facility and note the indicated bearings to that station. The maximum permissible variation between the two indicated bearings is 4 degrees.

(d) Each person making the VOR operational check, as specified in paragraph (b) or (c) of this section, shall enter the date, place, bearing error, and sign the aircraft log or other record. In addition, if a test signal radiated by a repair station, as specified in paragraph (b)(1) of this section, is used, an entry must be made in the aircraft log or other record by the repair station certificate holder or the certificate holder's representative certifying to the bearing transmitted by the repair station for the check and the date of transmission.

No individual may operate a civil aircraft under IFR using the VOR (Very High Frequency Omni-directional Radio Range) navigation system unless the aircraft's VOR equipment meets specific criteria outlined in Regulation (a). This entails maintenance, checking, and inspection under approved procedures, or an operational check conducted within the preceding 30 days, ensuring the equipment remains within permissible indicated bearing error limits. For conducting VOR checks, Regulation (b) delineates various methods and requirements. These include utilizing test signals or designated checkpoints at the airport of intended departure, employing airborne checkpoints if ground-based options are unavailable, or comparing dual system VORs installed in the aircraft. Furthermore, individuals conducting VOR operational checks are required to document pertinent details such as the date, location, and bearing error, and to sign the aircraft log or other relevant records. Additionally, if a test signal from a repair station is utilized, the station must certify the transmitted bearing for the check in the aircraft log. This comprehensive regulatory framework ensures the reliability and accuracy of VOR navigation systems, crucial for safe IFR operations.

  • § 91.173: ATC clearance and flight plan required.

No person may operate an aircraft in controlled airspace under IFR unless that person has—

(a) Filed an IFR flight plan; and

(b) Received an appropriate ATC clearance.

  • § 91.175: Takeoff and landing under IFR.

(a) Instrument approaches to civil airports. Unless otherwise authorized by the FAA, when it is necessary to use an instrument approach to a civil airport, each person operating an aircraft must use a standard instrument approach procedure prescribed in part 97 of this chapter for that airport. This paragraph does not apply to United States military aircraft.

(b) Authorized DA/DH or MDA. For the purpose of this section, when the approach procedure being used provides for and requires the use of a DA/DH or MDA, the authorized DA/DH or MDA is the highest of the following:

(1) The DA/DH or MDA prescribed by the approach procedure.

(2) The DA/DH or MDA prescribed for the pilot in command.

(3) The DA/DH or MDA appropriate for the aircraft equipment available and used during the approach.

(c) Operation below DA/DH or MDA. Except as provided in § 91.176 of this chapter, where a DA/DH or MDA is applicable, no pilot may operate an aircraft, except a military aircraft of the United States, below the authorized MDA or continue an approach below the authorized DA/DH unless—

(1) The aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal maneuvers, and for operations conducted under part 121 or part 135 unless that descent rate will allow touchdown to occur within the touchdown zone of the runway of intended landing;

(2) The flight visibility is not less than the visibility prescribed in the standard instrument approach being used; and

(3) Except for a Category II or Category III approach where any necessary visual reference requirements are specified by the Administrator, at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:

(i) The approach light system, except that the pilot may not descend below 100 feet above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable.

(ii) The threshold.

(iii) The threshold markings.

(iv) The threshold lights.

(v) The runway end identifier lights.

(vi) The visual glideslope indicator.

(vii) The touchdown zone or touchdown zone markings.

(viii) The touchdown zone lights.

(ix) The runway or runway markings.

(x) The runway lights.

(d) Landing. No pilot operating an aircraft, except a military aircraft of the United States, may land that aircraft when—

(1) For operations conducted under § 91.176 of this part, the requirements of paragraphs (a)(3)(iii) or (b)(3)(iii), as applicable, of that section are not met; or

(2) For all other operations under this part and parts 121, 125, 129, and 135, the flight visibility is less than the visibility prescribed in the standard instrument approach procedure being used.

(e) Missed approach procedures. Each pilot operating an aircraft, except a military aircraft of the United States, shall immediately execute an appropriate missed approach procedure when either of the following conditions exist:

(1) Whenever operating an aircraft pursuant to paragraph (c) of this section or § 91.176 of this part, and the requirements of that paragraph or section are not met at either of the following times:

(i) When the aircraft is being operated below MDA; or

(ii) Upon arrival at the missed approach point, including a DA/DH where a DA/DH is specified and its use is required, and at any time after that until touchdown.

(2) Whenever an identifiable part of the airport is not distinctly visible to the pilot during a circling maneuver at or above MDA, unless the inability to see an identifiable part of the airport results only from a normal bank of the aircraft during the circling approach.

(f) Civil airport takeoff minimums. This paragraph applies to persons operating an aircraft under part 121, 125, 129, or 135 of this chapter.

(1) Unless otherwise authorized by the FAA, no pilot may takeoff from a civil airport under IFR unless the weather conditions at time of takeoff are at or above the weather minimums for IFR takeoff prescribed for that airport under part 97 of this chapter.

(2) If takeoff weather minimums are not prescribed under part 97 of this chapter for a particular airport, the following weather minimums apply to takeoffs under IFR:

(i) For aircraft, other than helicopters, having two engines or less—1 statute mile visibility.

(ii) For aircraft having more than two engines— 1/2 statute mile visibility.

(iii) For helicopters— 1/2 statute mile visibility.

(3) Except as provided in paragraph (f)(4) of this section, no pilot may takeoff under IFR from a civil airport having published obstacle departure procedures (ODPs) under part 97 of this chapter for the takeoff runway to be used, unless the pilot uses such ODPs or an alternative procedure or route assigned by air traffic control.

(4) Notwithstanding the requirements of paragraph (f)(3) of this section, no pilot may takeoff from an airport under IFR unless:

(i) For part 121 and part 135 operators, the pilot uses a takeoff obstacle clearance or avoidance procedure that ensures compliance with the applicable airplane performance operating limitations requirements under part 121, subpart I or part 135, subpart I for takeoff at that airport; or

(ii) For part 129 operators, the pilot uses a takeoff obstacle clearance or avoidance procedure that ensures compliance with the airplane performance operating limitations prescribed by the State of the operator for takeoff at that airport.

(g) Military airports. Unless otherwise prescribed by the Administrator, each person operating a civil aircraft under IFR into or out of a military airport shall comply with the instrument approach procedures and the takeoff and landing minimum prescribed by the military authority having jurisdiction of that airport.

(h) Comparable values of RVR and ground visibility.

(1) Except for Category II or Category III minimums, if RVR minimums for takeoff or landing are prescribed in an instrument approach procedure, but RVR is not reported for the runway of intended operation, the RVR minimum shall be converted to ground visibility in accordance with the table in paragraph (h)(2) of this section and shall be the visibility minimum for takeoff or landing on that runway.

(2)

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(i) Operations on unpublished routes and use of radar in instrument approach procedures. When radar is approved at certain locations for ATC purposes, it may be used not only for surveillance and precision radar approaches, as applicable, but also may be used in conjunction with instrument approach procedures predicated on other types of radio navigational aids. Radar vectors may be authorized to provide course guidance through the segments of an approach to the final course or fix. When operating on an unpublished route or while being radar vectored, the pilot, when an approach clearance is received, shall, in addition to complying with § 91.177, maintain the last altitude assigned to that pilot until the aircraft is established on a segment of a published route or instrument approach procedure unless a different altitude is assigned by ATC. After the aircraft is so established, published altitudes apply to descent within each succeeding route or approach segment unless a different altitude is assigned by ATC. Upon reaching the final approach course or fix, the pilot may either complete the instrument approach in accordance with a procedure approved for the facility or continue a surveillance or precision radar approach to a landing.

(j) Limitation on procedure turns. 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.

(k) ILS components. The basic components of an ILS are the localizer, glide slope, and outer marker, and, when installed for use with Category II or Category III instrument approach procedures, an inner marker. The following means may be used to substitute for the outer marker: Compass locator; precision approach radar (PAR) or airport surveillance radar (ASR); DME, VOR, or nondirectional beacon fixes authorized in the standard instrument approach procedure; or a suitable RNAV system in conjunction with a fix identified in the standard instrument approach procedure. Applicability of, and substitution for, the inner marker for a Category II or III approach is determined by the appropriate 14 CFR part 97 approach procedure, letter of authorization, or operations specifications issued to an operator.

The regulations outlined in § 91.175 provide comprehensive guidelines for takeoff and landing under IFR conditions. They specify the necessity of using standard instrument approach procedures prescribed by the FAA for civil airports, ensuring compliance with designated DA/DH or MDA criteria, and prohibiting operations below authorized MDA or DA/DH unless specific conditions are met. Additionally, pilots are mandated to execute appropriate missed approach procedures when certain conditions exist, such as operating below MDA or encountering visibility issues during circling maneuvers. Furthermore, the paragraph addresses civil airport takeoff minimums, outlining visibility requirements based on aircraft type and restrictions related to obstacle departure procedures. For military airports, compliance with instrument approach procedures and takeoff/landing minimums established by the military authority is mandatory. Finally, the regulations provide a conversion table for RVR to ground visibility, ensuring consistency in visibility requirements across different weather reporting systems. These regulations are crucial for ensuring safe and standardized operations under IFR conditions.

  • § 91.177: Minimum Altitudes for IFR Operations

(a) Operation of aircraft at minimum altitudes. Except when necessary for takeoff or landing, or unless otherwise authorized by the FAA, no person may operate an aircraft under IFR below—

(1) The applicable minimum altitudes prescribed in parts 95 and 97 of this chapter. However, if both a MEA and a MOCA are prescribed for a particular route or route segment, a person may operate an aircraft below the MEA down to, but not below, the MOCA, provided the applicable navigation signals are available. For aircraft using VOR for navigation, this applies only when the aircraft is within 22 nautical miles of that VOR (based on the reasonable estimate by the pilot operating the aircraft of that distance); or

(2) If no applicable minimum altitude is prescribed in parts 95 and 97 of this chapter, then—

(i) In the case of operations over an area designated as a mountainous area in part 95 of this chapter, an altitude of 2,000 feet above the highest obstacle within a horizontal distance of 4 nautical miles from the course to be flown; or

(ii) In any other case, an altitude of 1,000 feet above the highest obstacle within a horizontal distance of 4 nautical miles from the course to be flown.

(b) Climb. Climb to a higher minimum IFR altitude shall begin immediately after passing the point beyond which that minimum altitude applies, except that when ground obstructions intervene, the point beyond which that higher minimum altitude applies shall be crossed at or above the applicable MCA.

The regulations outlined in § 91.177 detail the operation of aircraft at minimum altitudes under IFR conditions. Except during takeoff or landing or with FAA authorization, aircraft must adhere to specific minimum altitudes. These altitudes are determined by applicable regulations in parts 95 and 97 of the aviation regulations. If no specific minimum altitude is prescribed, aircraft must maintain altitudes relative to surrounding terrain, such as 2,000 feet above the highest obstacle within 4 nautical miles in mountainous areas or 1,000 feet above the highest obstacle within the same distance in other areas. Additionally, when climbing to a higher minimum altitude, pilots must initiate the climb immediately after passing the point where the higher altitude applies, unless ground obstructions necessitate crossing at or above the minimum crossing altitude. These regulations are essential for ensuring safe operations and obstacle clearance during IFR flights.

  • § 91.179: IFR cruising altitudes.

Unless otherwise authorized by ATC, the following rules apply—

(a) In controlled airspace. Each person operating an aircraft under IFR in level cruising flight in controlled airspace shall maintain the altitude or flight level assigned that aircraft by ATC. However, if the ATC clearance assigns “VFR conditions on-top,” that person shall maintain an altitude or flight level as prescribed by § 91.159.

(b) In uncontrolled airspace. Except while in a holding pattern of 2 minutes or less or while turning, each person operating an aircraft under IFR in level cruising flight in uncontrolled airspace shall maintain an appropriate altitude as follows:

(1) When operating below 18,000 feet MSL and—

(i) On a magnetic course of zero degrees through 179 degrees, any odd thousand foot MSL altitude (such as 3,000, 5,000, or 7,000); or

(ii) On a magnetic course of 180 degrees through 359 degrees, any even thousand foot MSL altitude (such as 2,000, 4,000, or 6,000).

(2) When operating at or above 18,000 feet MSL but below flight level 290, and—

(i) On a magnetic course of zero degrees through 179 degrees, any odd flight level (such as 190, 210, or 230); or

(ii) On a magnetic course of 180 degrees through 359 degrees, any even flight level (such as 180, 200, or 220).

(3) When operating at flight level 290 and above in non-RVSM airspace, and—

(i) On a magnetic course of zero degrees through 179 degrees, any flight level, at 4,000-foot intervals, beginning at and including flight level 290 (such as flight level 290, 330, or 370); or

(ii) On a magnetic course of 180 degrees through 359 degrees, any flight level, at 4,000-foot intervals, beginning at and including flight level 310 (such as flight level 310, 350, or 390).

(4) When operating at flight level 290 and above in airspace designated as Reduced Vertical Separation Minimum (RVSM) airspace and—

(i) On a magnetic course of zero degrees through 179 degrees, any odd flight level, at 2,000-foot intervals beginning at and including flight level 290 (such as flight level 290, 310, 330, 350, 370, 390, 410); or

(ii) On a magnetic course of 180 degrees through 359 degrees, any even flight level, at 2000-foot intervals beginning at and including flight level 300 (such as 300, 320, 340, 360, 380, 400).

Unless otherwise authorized by ATC, specific rules govern aircraft operation under IFR conditions in controlled and uncontrolled airspace. In controlled airspace, aircraft must maintain the altitude or flight level assigned by ATC, with the exception of "VFR conditions on-top" clearances, where pilots adhere to altitudes specified in § 91.159. Conversely, in uncontrolled airspace, while not in a holding pattern or turning, aircraft must maintain appropriate altitudes based on their magnetic course and altitude. Below 18,000 feet MSL, odd thousand foot MSL altitudes are maintained for magnetic courses of 0-179 degrees, and even thousand foot MSL altitudes for courses of 180-359 degrees. Above 18,000 feet MSL but below flight level 290, odd or even flight levels are maintained based on the same criteria. At flight level 290 and above, different rules apply depending on RVSM designation, with specific intervals and criteria outlined for maintaining appropriate flight levels. These regulations ensure safe separation and orderly traffic flow within both controlled and uncontrolled airspace during IFR operations.

  • § 91.183: IFR Communications​

    • (a) General. Unless otherwise authorized by ATC, each pilot who has two-way radio communications failure when operating under IFR shall comply with the rules of this section.

    • (b) VFR conditions. If the failure occurs in VFR conditions, or if VFR conditions are encountered after the failure, each pilot shall continue the flight under VFR and land as soon as practicable.

    • (c) IFR conditions. If the failure occurs in IFR conditions, or if paragraph (b) of this section cannot be complied with, each pilot shall continue the flight according to the following:

    • (1) Route.

    • (i) By the route assigned in the last ATC clearance received;

    • (ii) If being radar vectored, by the direct route from the point of radio failure to the fix, route, or airway specified in the vector clearance;

    • (iii) In the absence of an assigned route, by the route that ATC has advised may be expected in a further clearance; or

    • (iv) In the absence of an assigned route or a route that ATC has advised may be expected in a further clearance, by the route filed in the flight plan.

    • (2) Altitude. At the highest of the following altitudes or flight levels for the route segment being flown:

    • (i) The altitude or flight level assigned in the last ATC clearance received;

    • (ii) The minimum altitude (converted, if appropriate, to minimum flight level as prescribed in § 91.121(c)) for IFR operations; or

    • (iii) The altitude or flight level ATC has advised may be expected in a further clearance.

    • (3) Leave clearance limit.

    • (i) When the clearance limit is a fix from which an approach begins, commence descent or descent and approach as close as possible to the expect-further-clearance time if one has been received, or if one has not been received, as close as possible to the estimated time of arrival as calculated from the filed or amended (with ATC) estimated time en route.

    • (ii) If the clearance limit is not a fix from which an approach begins, leave the clearance limit at the expect-further-clearance time if one has been received, or if none has been received, upon arrival over the clearance limit, and proceed to a fix from which an approach begins and commence descent or descent and approach as close as possible to the estimated time of arrival as calculated from the filed or amended (with ATC) estimated time en route.

In the event of two-way radio communications failure while operating under IFR, unless authorized differently by ATC, pilots must adhere to the following guidelines. If the failure occurs in VFR conditions or switches to VFR conditions afterward, pilots must continue the flight under VFR and land at the earliest suitable opportunity. If the failure happens in IFR conditions or if transitioning to VFR is impractical, pilots must proceed as follows: first, maintain the route specified in the last ATC clearance received, or if radar vectored, follow a direct route as per the vector clearance. In the absence of an assigned route, pilots should follow the route advised by ATC for further clearance, or if unavailable, adhere to the filed flight plan route. Secondly, pilots must maintain the highest of the altitudes assigned in the last ATC clearance, the minimum altitude for IFR operations, or the altitude advised by ATC for further clearance. Lastly, when approaching the clearance limit, pilots should initiate descent or descent and approach procedures as close as possible to the expect-further-clearance time, or if not available, based on the estimated time of arrival calculated from the filed or amended estimated time en route. If the clearance limit isn't a fix for beginning an approach, pilots should proceed to a suitable fix, commence descent, and approach accordingly. These protocols ensure safe continuation of flight and facilitate timely arrival at the intended destination during radio communication failures under IFR conditions.

  • § 91.185: IFR Operations: Two-Way Radio Communications Failure​

(a) General. Unless otherwise authorized by ATC, each pilot who has two-way radio communications failure when operating under IFR shall comply with the rules of this section.

(b) VFR conditions. If the failure occurs in VFR conditions, or if VFR conditions are encountered after the failure, each pilot shall continue the flight under VFR and land as soon as practicable.

(c) IFR conditions. If the failure occurs in IFR conditions, or if paragraph (b) of this section cannot be complied with, each pilot shall continue the flight according to the following:

(1) Route.

(i) By the route assigned in the last ATC clearance received;

(ii) If being radar vectored, by the direct route from the point of radio failure to the fix, route, or airway specified in the vector clearance;

(iii) In the absence of an assigned route, by the route that ATC has advised may be expected in a further clearance; or

(iv) In the absence of an assigned route or a route that ATC has advised may be expected in a further clearance, by the route filed in the flight plan.

(2) Altitude. At the highest of the following altitudes or flight levels for the route segment being flown:

(i) The altitude or flight level assigned in the last ATC clearance received;

(ii) The minimum altitude (converted, if appropriate, to minimum flight level as prescribed in § 91.121(c)) for IFR operations; or

(iii) The altitude or flight level ATC has advised may be expected in a further clearance.

(3) Leave clearance limit.

(i) When the clearance limit is a fix from which an approach begins, commence descent or descent and approach as close as possible to the expect-further-clearance time if one has been received, or if one has not been received, as close as possible to the estimated time of arrival as calculated from the filed or amended (with ATC) estimated time en route.

(ii) If the clearance limit is not a fix from which an approach begins, leave the clearance limit at the expect-further-clearance time if one has been received, or if none has been received, upon arrival over the clearance limit, and proceed to a fix from which an approach begins and commence descent or descent and approach as close as possible to the estimated time of arrival as calculated from the filed or amended (with ATC) estimated time en route.

Section 91.185 outlines the protocol for pilots experiencing two-way radio communication failure while operating under Instrument Flight Rules (IFR) conditions. It mandates adherence to specific procedures to ensure the safe continuation of flight in the absence of radio communication capability, unless otherwise directed by Air Traffic Control (ATC).

In the event of radio failure in Visual Flight Rules (VFR) conditions or if VFR conditions are encountered following the failure, pilots are required to transition to VFR flight and expedite landing at the nearest suitable airport.

However, if the radio failure occurs during IFR conditions or if transitioning to VFR flight is not feasible, pilots must follow detailed guidelines for continuing the flight:

  1. Route: Pilots are instructed to follow a designated route depending on the circumstances. This includes proceeding along the route specified in the last ATC clearance, or following radar vectors to a designated fix or route. If no specific route is assigned, pilots must follow the route advised by ATC or as filed in the flight plan.

  2. Altitude: The pilot should maintain the highest of certain designated altitudes or flight levels, including the altitude assigned in the last ATC clearance, the minimum altitude for IFR operations, or the altitude advised by ATC for further clearance.

  3. Leaving Clearance Limit: If the clearance limit is a fix from which an approach begins, the pilot must initiate descent or descent and approach at the expected further clearance time or estimated time of arrival. If the clearance limit is not an approach fix, the pilot should depart the limit at the expected further clearance time or upon arrival, proceed to an approach fix, and initiate descent as close as possible to the estimated time of arrival.

These regulations aim to ensure that pilots, in the event of radio communication failure, can continue their flight safely and effectively by adhering to predetermined procedures that prioritize maintaining separation from other aircraft and ensuring a smooth transition to landing.

Operations Near Airports and Controlled Airspace

  • § 91.129: Operations in Class D Airspace

(a) General. Unless otherwise authorized or required by the ATC facility having jurisdiction over the Class D airspace area, each person operating an aircraft in Class D airspace must comply with the applicable provisions of this section. In addition, each person must comply with §§ 91.126 and 91.127. For the purpose of this section, the primary airport is the airport for which the Class D airspace area is designated. A satellite airport is any other airport within the Class D airspace area.

(b) Deviations. An operator may deviate from any provision of this section under the provisions of an ATC authorization issued by the ATC facility having jurisdiction over the airspace concerned. ATC may authorize a deviation on a continuing basis or for an individual flight, as appropriate.

(c) Communications. Each person operating an aircraft in Class D airspace must meet the following two-way radio communications requirements:

(1) Arrival or through flight. Each person must establish two-way radio communications with the ATC facility (including foreign ATC in the case of foreign airspace designated in the United States) providing air traffic services prior to entering that airspace and thereafter maintain those communications while within that airspace.

(2) Departing flight. Each person—

(i) From the primary airport or satellite airport with an operating control tower must establish and maintain two-way radio communications with the control tower, and thereafter as instructed by ATC while operating in the Class D airspace area; or

(ii) From a satellite airport without an operating control tower, must establish and maintain two-way radio communications with the ATC facility having jurisdiction over the Class D airspace area as soon as practicable after departing.

(d) Communications failure. Each person who operates an aircraft in a Class D airspace area must maintain two-way radio communications with the ATC facility having jurisdiction over that area.

(1) If the aircraft radio fails in flight under IFR, the pilot must comply with § 91.185 of the part.

(2) If the aircraft radio fails in flight under VFR, the pilot in command may operate that aircraft and land if—

(i) Weather conditions are at or above basic VFR weather minimums;

(ii) Visual contact with the tower is maintained; and

(iii) A clearance to land is received.

(e) Minimum altitudes when operating to an airport in Class D airspace.

(1) Unless required by the applicable distance-from-cloud criteria, each pilot operating a large or turbine-powered airplane must enter the traffic pattern at an altitude of at least 1,500 feet above the elevation of the airport and maintain at least 1,500 feet until further descent is required for a safe landing.

(2) Each pilot operating a large or turbine-powered airplane approaching to land on a runway served by an instrument approach procedure with vertical guidance, if the airplane is so equipped, must:

(i) Operate that airplane at an altitude at or above the glide path between the published final approach fix and the decision altitude (DA), or decision height (DH), as applicable; or

(ii) If compliance with the applicable distance-from-cloud criteria requires glide path interception closer in, operate that airplane at or above the glide path, between the point of interception of glide path and the DA or the DH.

(3) Each pilot operating an airplane approaching to land on a runway served by a visual approach slope indicator must maintain an altitude at or above the glide path until a lower altitude is necessary for a safe landing.

(4) Paragraphs (e)(2) and (e)(3) of this section do not prohibit normal bracketing maneuvers above or below the glide path that are conducted for the purpose of remaining on the glide path.

(f) Approaches. Except when conducting a circling approach under part 97 of this chapter or unless otherwise required by ATC, each pilot must—

(1) Circle the airport to the left, if operating an airplane; or

(2) Avoid the flow of fixed-wing aircraft, if operating a helicopter.

(g) Departures. No person may operate an aircraft departing from an airport except in compliance with the following:

(1) Each pilot must comply with any departure procedures established for that airport by the FAA.

(2) Unless otherwise required by the prescribed departure procedure for that airport or the applicable distance from clouds criteria, each pilot of a turbine-powered airplane and each pilot of a large airplane must climb to an altitude of 1,500 feet above the surface as rapidly as practicable.

(h) Noise abatement. Where a formal runway use program has been established by the FAA, each pilot of a large or turbine-powered airplane assigned a noise abatement runway by ATC must use that runway. However, consistent with the final authority of the pilot in command concerning the safe operation of the aircraft as prescribed in § 91.3(a)ATC may assign a different runway if requested by the pilot in the interest of safety.

(i) Takeoff, landing, taxi clearance. No person may, at any airport with an operating control tower, operate an aircraft on a runway or taxiway, or take off or land an aircraft, unless an appropriate clearance is received from ATC.

In Class D airspace, unless otherwise authorized or mandated by the controlling ATC facility, aircraft operators must adhere to specified regulations, including §§ 91.126 and 91.127. The primary airport within the airspace defines Class D, with additional satellite airports falling under its jurisdiction. Deviations from these rules require ATC authorization, either for a single flight or on an ongoing basis. Communication requirements mandate establishing and maintaining two-way radio contact with the relevant ATC facility before entering Class D airspace, with departing flights following specific communication protocols depending on tower presence. In case of radio failure, pilots must maintain contact with ATC and follow prescribed procedures depending on whether they are flying under IFR or VFR conditions. Minimum altitude requirements dictate entry into the traffic pattern and approach procedures, particularly for large or turbine-powered aircraft, while departure procedures, noise abatement guidelines, and adherence to ATC clearances govern airport operations within Class D airspace.

  • § 91.130: Operations in Class C airspace.

(a) General. Unless otherwise authorized by ATC, each aircraft operation in Class C airspace must be conducted in compliance with this section and § 91.129. For the purpose of this section, the primary airport is the airport for which the Class C airspace area is designated. A satellite airport is any other airport within the Class C airspace area.

(b) Traffic patterns. No person may take off or land an aircraft at a satellite airport within a Class C airspace area except in compliance with FAA arrival and departure traffic patterns.

(c) Communications. Each person operating an aircraft in Class C airspace must meet the following two-way radio communications requirements:

(1) Arrival or through flight. Each person must establish two-way radio communications with the ATC facility (including foreign ATC in the case of foreign airspace designated in the United States) providing air traffic services prior to entering that airspace and thereafter maintain those communications while within that airspace.

(2) Departing flight. Each person—

(i) From the primary airport or satellite airport with an operating control tower must establish and maintain two-way radio communications with the control tower, and thereafter as instructed by ATC while operating in the Class C airspace area; or

(ii) From a satellite airport without an operating control tower, must establish and maintain two-way radio communications with the ATC facility having jurisdiction over the Class C airspace area as soon as practicable after departing.

(d) Equipment requirements. Unless otherwise authorized by the ATC having jurisdiction over the Class C airspace area, no person may operate an aircraft within a Class C airspace area designated for an airport unless that aircraft is equipped with the applicable equipment specified in § 91.215, and after January 1, 2020, § 91.225.

(e) Deviations. An operator may deviate from any provision of this section under the provisions of an ATC authorization issued by the ATC facility having jurisdiction over the airspace concerned. ATC may authorize a deviation on a continuing basis or for an individual flight, as appropriate.

In Class C airspace, unless ATC authorizes otherwise, all aircraft operations must adhere to the regulations outlined in this section and § 91.129, with the primary airport within the airspace determining its boundaries and requirements. Satellite airports, situated within Class C airspace, are subject to specific rules regarding traffic patterns, dictating that no takeoff or landing may occur at these airports unless in compliance with FAA-prescribed arrival and departure patterns. Communication requirements mandate establishing and maintaining two-way radio contact with the relevant ATC facility before entering Class C airspace, with departing flights following specific communication protocols depending on tower presence. Additionally, aircraft operating within Class C airspace must be equipped with specified equipment as per § 91.215, with further requirements after January 1, 2020, outlined in § 91.225. Deviations from these regulations require ATC authorization, which may be granted on a case-by-case basis or for a continuous period as deemed appropriate by the controlling ATC facility.

  • § 91.131: Operations in Class B airspace.

(a) Operating rules. No person may operate an aircraft within a Class B airspace area except in compliance with § 91.129 and the following rules:

(1) The operator must receive an ATC clearance from the ATC facility having jurisdiction for that area before operating an aircraft in that area.

(2) Unless otherwise authorized by ATC, each person operating a large turbine engine-powered airplane to or from a primary airport for which a Class B airspace area is designated must operate at or above the designated floors of the Class B airspace area while within the lateral limits of that area.

(3) Any person conducting pilot training operations at an airport within a Class B airspace area must comply with any procedures established by ATC for such operations in that area.

(b) Pilot requirements.

(1) No person may take off or land a civil aircraft at an airport within a Class B airspace area or operate a civil aircraft within a Class B airspace area unless—

(i) The pilot in command holds at least a private pilot certificate;

(ii) The pilot in command holds a recreational pilot certificate and has met—

(A) The requirements of § 61.101(d) of this chapter; or

(B) The requirements for a student pilot seeking a recreational pilot certificate in § 61.94 of this chapter;

(iii) The pilot in command holds a sport pilot certificate and has met—

(A) The requirements of § 61.325 of this chapter; or

(B) The requirements for a student pilot seeking a recreational pilot certificate in § 61.94 of this chapter; or

(iv) The aircraft is operated by a student pilot who has met the requirements of § 61.94 or § 61.95 of this chapter, as applicable.

(2) Notwithstanding the provisions of paragraphs (b)(1)(ii), (b)(1)(iii) and (b)(1)(iv) of this section, no person may take off or land a civil aircraft at those airports listed in section 4 of appendix D to this part unless the pilot in command holds at least a private pilot certificate.

(c) Communications and navigation equipment requirements. Unless otherwise authorized by ATC, no person may operate an aircraft within a Class B airspace area unless that aircraft is equipped with—

(1) For IFR operation. An operable VOR or TACAN receiver or an operable and suitable RNAV system; and

(2) For all operations. An operable two-way radio capable of communications with ATC on appropriate frequencies for that Class B airspace area.

(d) Other equipment requirements. No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with—

(1) The applicable operating transponder and automatic altitude reporting equipment specified in § 91.215 (a), except as provided in § 91.215 (e), and

(2) After January 1, 2020, the applicable Automatic Dependent Surveillance-Broadcast Out equipment specified in § 91.225.

Operating within a Class B airspace area requires strict adherence to regulations outlined in § 91.129 and additional rules specified as follows: (1) Aircraft operators must obtain ATC clearance from the relevant jurisdictional ATC facility before entering the airspace; (2) Unless ATC authorizes otherwise, large turbine engine-powered airplanes must operate at or above designated floors while within the lateral limits of the Class B airspace; (3) Those conducting pilot training operations within Class B airspace must comply with procedures established by ATC for such operations. Pilot requirements dictate that only individuals holding a private, recreational, or sport pilot certificate, or are student pilots meeting specific criteria, may take off or land a civil aircraft within Class B airspace, with exceptions applying to certain airports. Communication and navigation equipment requirements mandate the presence of an operable VOR or TACAN receiver, or suitable RNAV system for IFR operations, along with a two-way radio capable of communication with ATC. Additionally, all aircraft must be equipped with the necessary operating transponder, automatic altitude reporting equipment, and Automatic Dependent Surveillance-Broadcast Out equipment after January 1, 2020, as specified in § 91.215 and § 91.225, respectively.

  • § 91.133: Restricted and prohibited areas

(a) No person may operate an aircraft within a restricted area (designated in part 73) contrary to the restrictions imposed, or within a prohibited area, unless that person has the permission of the using or controlling agency, as appropriate.

(b) Each person conducting, within a restricted area, an aircraft operation (approved by the using agency) that creates the same hazards as the operations for which the restricted area was designated may deviate from the rules of this subpart that are not compatible with the operation of the aircraft.

  • § 91.135: Operations in Class A Airspace

Except as provided in paragraph (d) of this section, each person operating an aircraft in Class A airspace must conduct that operation under instrument flight rules (IFR) and in compliance with the following:

(a) Clearance. Operations may be conducted only under an ATC clearance received prior to entering the airspace.

(b) Communications. Unless otherwise authorized by ATC, each aircraft operating in Class A airspace must be equipped with a two-way radio capable of communicating with ATC on a frequency assigned by ATC. Each pilot must maintain two-way radio communications with ATC while operating in Class A airspace.

(c) Equipment requirements. Unless otherwise authorized by ATC, no person may operate an aircraft within Class A airspace unless that aircraft is equipped with the applicable equipment specified in § 91.215, and after January 1, 2020, § 91.225.

(d) ATC authorizations. An operator may deviate from any provision of this section under the provisions of an ATC authorization issued by the ATC facility having jurisdiction of the airspace concerned. In the case of an inoperative transponder, ATC may immediately approve an operation within a Class A airspace area allowing flight to continue, if desired, to the airport of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made, or both. Requests for deviation from any provision of this section must be submitted in writing, at least 4 days before the proposed operation. ATC may authorize a deviation on a continuing basis or for an individual flight.

Operating an aircraft within Class A airspace demands adherence to instrument flight rules (IFR) and specific guidelines outlined as follows, except as detailed in paragraph (d) of this section: (a) Operations are permissible solely under an ATC clearance acquired before entering the airspace; (b) Each aircraft within Class A airspace must be equipped with a two-way radio capable of communicating with ATC on assigned frequencies, with pilots mandated to maintain two-way radio communications with ATC throughout the operation; (c) Aircraft operating within Class A airspace must be equipped with the requisite equipment specified in § 91.215, and after January 1, 2020, § 91.225, unless ATC provides alternative authorization. (d) ATC authorizations may allow deviation from these provisions, granted by the relevant jurisdictional ATC facility. In cases involving inoperative transponders, ATC may promptly approve operations within Class A airspace for continuation to the intended destination or for necessary repairs. Requests for deviation must be submitted in writing at least four days prior to the proposed operation, with ATC having discretion to authorize deviations on a continuing or individual flight basis.

  • § 91.139 Emergency Air traffic rules

(a) This section prescribes a process for utilizing Notices to Airmen (NOTAMs) to advise of the issuance and operations under emergency air traffic rules and regulations and designates the official who is authorized to issue NOTAMs on behalf of the Administrator in certain matters under this section.

(b) Whenever the Administrator determines that an emergency condition exists, or will exist, relating to the FAA's ability to operate the air traffic control system and during which normal flight operations under this chapter cannot be conducted consistent with the required levels of safety and efficiency—

(1) The Administrator issues an immediately effective air traffic rule or regulation in response to that emergency condition; and

(2) The Administrator or the Associate Administrator for Air Traffic may utilize the NOTAM system to provide notification of the issuance of the rule or regulation.

Those NOTAMs communicate information concerning the rules and regulations that govern flight operations, the use of navigation facilities, and designation of that airspace in which the rules and regulations apply.

(c) When a NOTAM has been issued under this section, no person may operate an aircraft, or other device governed by the regulation concerned, within the designated airspace except in accordance with the authorizations, terms, and conditions prescribed in the regulation covered by the NOTAM.

This section outlines the procedure for utilizing Notices to Airmen (NOTAMs) to inform about the issuance and implementation of emergency air traffic rules and regulations, designating the official authorized to issue NOTAMs on behalf of the Administrator in certain matters. When the Administrator determines the existence or imminent occurrence of an emergency condition affecting the FAA's ability to operate the air traffic control system, rendering normal flight operations unsafe or inefficient, immediate action is taken. The Administrator issues an air traffic rule or regulation effective immediately to address the emergency, with NOTAMs utilized by either the Administrator or the Associate Administrator for Air Traffic to notify relevant parties of the rule or regulation's issuance. These NOTAMs convey crucial information regarding flight operation rules, navigation facility usage, and the designation of affected airspace. Upon the issuance of a NOTAM under this section, all aircraft and devices governed by the regulation specified must adhere strictly to the authorizations, terms, and conditions outlined in the regulation covered by the NOTAM, with no exceptions allowed for operating within the designated airspace outside of these prescribed parameters.

Right-of-way Rules and Uncontrolled Airspace

  • § 91.111: Operating near other aircraft

(a) No person may operate an aircraft so close to another aircraft as to create a collision hazard.

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

(c) No person may operate an aircraft, carrying passengers for hire, in formation flight.

  • § 91.113 Right-of-way rules: Except water operations

(a) Inapplicability. This section does not apply to the operation of an aircraft on water.

(b) General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear.

(c) In distress. An aircraft in distress has the right-of-way over all other air traffic.

(d) Converging. 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 the aircraft are of different categories—

(1) A balloon has the right-of-way over any other category of aircraft;

(2) A glider has the right-of-way over an airshippowered parachuteweight-shift-control aircraftairplane, or rotorcraft.

(3) An airship has the right-of-way over a powered parachuteweight-shift-control aircraftairplane, or rotorcraft.

However, an aircraft towing or refueling other aircraft has the right-of-way over all other engine-driven aircraft.

(e) Approaching head-on. When aircraft are approaching each other head-on, or nearly so, each pilot of each aircraft shall alter course to the right.

(f) Overtaking. Each aircraft that is being overtaken has the right-of-way and each pilot of an overtaking aircraft shall alter course to the right to pass well clear.

(g) Landing. Aircraft, while on final approach to land or while landing, have the right-of-way over other aircraft in flight or operating on the surface, except that they shall not take advantage of this rule to force an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach. 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, but it shall not take advantage of this rule to cut in front of another which is on final approach to land or to overtake that aircraft.

Section 91.113 outlines the right-of-way rules for aircraft operations, excluding those conducted on water. Vigilance must be maintained by pilots to visually detect and avoid other aircraft, irrespective of whether the operation is conducted under instrument or visual flight rules. When one aircraft is given the right-of-way by a rule in this section, the pilot must yield to that aircraft and avoid passing over, under, or ahead of it unless there is significant clearance. In cases of distress, an aircraft in distress takes precedence over all other air traffic. Regarding converging aircraft of the same category at similar altitudes, the aircraft to the right has the right-of-way, while different categories follow specific priority rules, with balloons given priority over other categories. In head-on situations, each aircraft must alter its course to the right. When overtaking another aircraft, the overtaking aircraft must pass to the right to ensure ample clearance. During landing, aircraft on final approach have priority over other airborne or surface-bound aircraft, except they cannot use this right to displace an already landed aircraft attempting to clear the runway. Additionally, when multiple aircraft are approaching an airport for landing, the lower altitude aircraft has the right-of-way but should not use it to disrupt the approach of another aircraft already on final approach or to overtake it.

  • § 91.126 - Operating on or in the vicinity of an airport in Class G airspace

(a) General. Unless otherwise authorized or required, each person operating an aircraft on or in the vicinity of an airport in a Class G airspace area must comply with the requirements of this section.

(b) Direction of turns. When approaching to land at an airport without an operating control tower in Class G airspace—

(1) Each pilot of an airplane must make all turns of that airplane to the left unless the airport displays approved light signals or visual markings indicating that turns should be made to the right, in which case the pilot must make all turns to the right; and

(2) Each pilot of a helicopter or a powered parachute must avoid the flow of fixed-wing aircraft.

(c) Flap settings. Except when necessary for training or certification, the pilot in command of a civil turbojet-powered aircraft must use, as a final flap setting, the minimum certificated landing flap setting set forth in the approved performance information in the Airplane Flight Manual for the applicable conditions. However, each pilot in command has the final authority and responsibility for the safe operation of the pilot's airplane, and may use a different flap setting for that airplane if the pilot determines that it is necessary in the interest of safety.

(d) Communications with control towers. Unless otherwise authorized or required by ATC, no person may operate an aircraft to, from, through, or on an airport having an operational control tower unless two-way radio communications are maintained between that aircraft and the control tower. Communications must be established prior to 4 nautical miles from the airport, up to and including 2,500 feet AGL. However, if the aircraft radio fails in flight, the pilot in command may operate that aircraft and land if weather conditions are at or above basic VFR weather minimums, visual contact with the tower is maintained, and a clearance to land is received. If the aircraft radio fails while in flight under IFR, the pilot must comply with § 91.185.

In Class G airspace areas around airports, pilots must adhere to specific regulations outlined in this section, unless otherwise authorized. When approaching to land at an airport without a control tower, airplane pilots typically make left turns unless directed otherwise by approved signals or markings, while helicopter and powered parachute pilots should avoid fixed-wing aircraft traffic. For civil turbojet-powered aircraft, pilots must generally use the minimum certificated landing flap setting specified in the approved performance information, but they retain the authority to adjust flap settings for safety reasons. Additionally, aircraft operating to, from, through, or on an airport with an operational control tower must maintain two-way radio communications with the tower, typically established prior to 4 nautical miles from the airport up to an altitude of 2,500 feet AGL, although specific procedures apply in the event of radio failure.

  • § 91.127 - Operating on or in the vicinity of an airport in Class E airspace

(a) Unless otherwise required by part 93 of this chapter or unless otherwise authorized or required by the ATC facility having jurisdiction over the Class E airspace area, each person operating an aircraft on or in the vicinity of an airport in a Class E airspace area must comply with the requirements of § 91.126.

(b) Departures. Each pilot of an aircraft must comply with any traffic patterns established for that airport in part 93 of this chapter.

(c) Communications with control towers. Unless otherwise authorized or required by ATC, no person may operate an aircraft to, from, through, or on an airport having an operational control tower unless two-way radio communications are maintained between that aircraft and the control tower. Communications must be established prior to 4 nautical miles from the airport, up to and including 2,500 feet AGL. However, if the aircraft radio fails in flight, the pilot in command may operate that aircraft and land if weather conditions are at or above basic VFR weather minimums, visual contact with the tower is maintained, and a clearance to land is received. If the aircraft radio fails while in flight under IFR, the pilot must comply with § 91.185.

Operating in Special Use Airspace:

  • § 91.137: Temporary flight restrictions.

(a) The Administrator will issue a Notice to Airmen (NOTAM) designating an area within which temporary flight restrictions apply and specifying the hazard or condition requiring their imposition, whenever he determines it is necessary in order to—

(1) Protect persons and property on the surface or in the air from a hazard associated with an incident on the surface;

(2) Provide a safe environment for the operation of disaster relief aircraft; or

(3) Prevent an unsafe congestion of sightseeing and other aircraft above an incident or event which may generate a high degree of public interest.

The Notice to Airmen will specify the hazard or condition that requires the imposition of temporary flight restrictions.

(b) When a NOTAM has been issued under paragraph (a)(1) of this section, no person may operate an aircraft within the designated area unless that aircraft is participating in the hazard relief activities and is being operated under the direction of the official in charge of on scene emergency response activities.

(c) When a NOTAM has been issued under paragraph (a)(2) of this section, no person may operate an aircraft within the designated area unless at least one of the following conditions are met:

(1) The aircraft is participating in hazard relief activities and is being operated under the direction of the official in charge of on scene emergency response activities.

(2) The aircraft is carrying law enforcement officials.

(3) The aircraft is operating under the ATC approved IFR flight plan.

(4) The operation is conducted directly to or from an airport within the area, or is necessitated by the impracticability of VFR flight above or around the area due to weather, or terrain; notification is given to the Flight Service Station (FSS) or ATC facility specified in the NOTAM to receive advisories concerning disaster relief aircraft operations; and the operation does not hamper or endanger relief activities and is not conducted for the purpose of observing the disaster.

(5) The aircraft is carrying properly accredited news representatives, and, prior to entering the area, a flight plan is filed with the appropriate FAA or ATC facility specified in the Notice to Airmen and the operation is conducted above the altitude used by the disaster relief aircraft, unless otherwise authorized by the official in charge of on scene emergency response activities.

(d) When a NOTAM has been issued under paragraph (a)(3) of this section, no person may operate an aircraft within the designated area unless at least one of the following conditions is met:

(1) The operation is conducted directly to or from an airport within the area, or is necessitated by the impracticability of VFR flight above or around the area due to weather or terrain, and the operation is not conducted for the purpose of observing the incident or event.

(2) The aircraft is operating under an ATC approved IFR flight plan.

(3) The aircraft is carrying incident or event personnel, or law enforcement officials.

(4) The aircraft is carrying properly accredited news representatives and, prior to entering that area, a flight plan is filed with the appropriate FSS or ATC facility specified in the NOTAM.

(e) Flight plans filed and notifications made with an FSS or ATC facility under this section shall include the following information:

(1) Aircraft identification, type and color.

(2) Radio communications frequencies to be used.

(3) Proposed times of entry of, and exit from, the designated area.

(4) Name of news media or organization and purpose of flight.

(5) Any other information requested by ATC.

The Administrator issues Notices to Airmen (NOTAMs) to designate areas where temporary flight restrictions (TFRs) apply, aiming to protect individuals and property, ensure safety during disaster relief operations, or prevent congestion of aircraft during events generating public interest. When a NOTAM is issued, aircraft operation within the designated area is restricted, except for those participating in hazard relief activities under the direction of emergency response officials or law enforcement, or those operating under specific conditions outlined in the NOTAM. Flight plans filed with Flight Service Stations or ATC facilities must include aircraft details, communication frequencies, proposed entry and exit times from the designated area, purpose of flight, and any additional information requested by ATC.

    • § 91.141: Flight restrictions in the vicinity of the Presidential and other parties.

No person may operate an aircraft over or in the vicinity of any area to be visited or traveled by the President, the Vice President, or other public figures contrary to the restrictions established by the Administrator and published in a Notice to Airmen (NOTAM).

    • § 91.143: Flight limitations in the proximity of space flight operations.

When a Notice to Airmen (NOTAM) is issued in accordance with this section, no person may operate any aircraft of U.S. registry, or pilot any aircraft under the authority of an airman certificate issued by the Federal Aviation Administration, within areas designated in a NOTAM for space flight operation except when authorized by ATC.

Maintenance and Inspection

  • § 91.403: General Maintenance Rules

(a) The owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition, including compliance with part 39 of this chapter.

(b) No person may perform maintenancepreventive maintenance, or alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter.

(c) No person may operate an aircraft for which a manufacturer's maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitations section unless the mandatory replacement times, inspection intervals, and related procedures specified in that section or alternative inspection intervals and related procedures set forth in an operations specification approved by the Administrator under part 121 or 135 of this chapter or in accordance with an inspection program approved under § 91.409(e) have been complied with.

(d) A person must not alter an aircraft based on a supplemental type certificate unless the owner or operator of the aircraft is the holder of the supplemental type certificate, or has written permission from the holder.

  • § 91.405: Maintenance Required

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter;

(b) Shall ensure that maintenance personnel make appropriate entries in the aircraft maintenance records indicating the aircraft has been approved for return to service;

(c) Shall have any inoperative instrument or item of equipment, permitted to be inoperative by § 91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspection; and

(d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a placard has been installed as required by § 43.11 of this chapter.

  • § 91.407: Operation after maintenance, preventive maintenance, rebuilding, or alteration

(a) No person may operate any aircraft that has undergone maintenancepreventive maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter; and

(2) The maintenance record entry required by § 43.9 or § 43.11, as applicable, of this chapter has been made.

(b) No person may carry any person (other than crewmembers) in an aircraft that has been maintained, rebuilt, or altered in a manner that may have appreciably changed its flight characteristics or substantially affected its operation in flight until an appropriately rated pilot with at least a private pilot certificate flies the aircraft, makes an operational check of the maintenance performed or alteration made, and logs the flight in the aircraft records.

(c) The aircraft does not have to be flown as required by paragraph (b) of this section if, prior to flight, ground tests, inspection, or both show conclusively that the maintenancepreventive maintenance, rebuilding, or alteration has not appreciably changed the flight characteristics or substantially affected the flight operation of the aircraft.

Instrumentation

  • § 91.205: Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument and equipment requirements.

(a) General. Except as provided in paragraphs (c)(3) and (e) of this section, no person may operate a powered civil aircraft with a standard category U.S. airworthiness certificate in any operation described in paragraphs (b) through (f) of this section unless that aircraft contains the instruments and equipment specified in those paragraphs (or FAA-approved equivalents) for that type of operation, and those instruments and items of equipment are in operable condition.

(b) Visual-flight rules (day). For VFR flight during the day, the following instruments and equipment are required:

(1) Airspeed indicator.

(2) Altimeter.

(3) Magnetic direction indicator.

(4) Tachometer for each engine.

(5) Oil pressure gauge for each engine using pressure system.

(6) Temperature gauge for each liquid-cooled engine.

(7) Oil temperature gauge for each air-cooled engine.

(8) Manifold pressure gauge for each altitude engine.

(9) Fuel gauge indicating the quantity of fuel in each tank.

(10) Landing gear position indicator, if the aircraft has a retractable landing gear.

(11) For small civil airplanes certificated after March 11, 1996, in accordance with part 23 of this chapter, an approved aviation red or aviation white anticollision light system. In the event of failure of any light of the anticollision light system, operation of the aircraft may continue to a location where repairs or replacement can be made.

(12) If the aircraft is operated for hire over water and beyond power-off gliding distance from shore, approved flotation gear readily available to each occupant and, unless the aircraft is operating under part 121 of this subchapter, at least one pyrotechnic signaling device. As used in this section, “shore” means that area of the land adjacent to the water which is above the high water mark and excludes land areas which are intermittently under water.

(13) An approved safety belt with an approved metal-to-metal latching device, or other approved restraint system for each occupant 2 years of age or older.

(14) For small civil airplanes manufactured after July 18, 1978, an approved shoulder harness or restraint system for each front seat. For small civil airplanes manufactured after December 12, 1986, an approved shoulder harness or restraint system for all seats. Shoulder harnesses installed at flightcrew stations must permit the flightcrew member, when seated and with the safety belt and shoulder harness fastened, to perform all functions necessary for flight operations. For purposes of this paragraph—

(i) The date of manufacture of an airplane is the date the inspection acceptance records reflect that the airplane is complete and meets the FAA-approved type design data; and

(ii) A front seat is a seat located at a flightcrew member station or any seat located alongside such a seat.

(15) An emergency locator transmitter, if required by § 91.207.

(16) [Reserved]

(17) For rotorcraft manufactured after September 16, 1992, a shoulder harness for each seat that meets the requirements of § 27.2 or § 29.2 of this chapter in effect on September 16, 1991.

(c) Visual flight rules (night). For VFR flight at night, the following instruments and equipment are required:

(1) Instruments and equipment specified in paragraph (b) of this section.

(2) Approved position lights.

(3) An approved aviation red or aviation white anticollision light system on all U.S.-registered civil aircraft. Anticollision light systems initially installed after August 11, 1971, on aircraft for which a type certificate was issued or applied for before August 11, 1971, must at least meet the anticollision light standards of part 23, 25, 27, or 29 of this chapter, as applicable, that were in effect on August 10, 1971, except that the color may be either aviation red or aviation white. In the event of failure of any light of the anticollision light system, operations with the aircraft may be continued to a stop where repairs or replacement can be made.

(4) If the aircraft is operated for hire, one electric landing light.

(5) An adequate source of electrical energy for all installed electrical and radio equipment.

(6) One spare set of fuses, or three spare fuses of each kind required, that are accessible to the pilot in flight.

(d) Instrument flight rules. For IFR flight, the following instruments and equipment are required:

(1) Instruments and equipment specified in paragraph (b) of this section, and, for night flight, instruments and equipment specified in paragraph (c) of this section.

(2) Two-way radio communication and navigation equipment suitable for the route to be flown.

(3) Gyroscopic rate-of-turn indicator, except on the following aircraft:

(i) Airplanes with a third attitude instrument system usable through flight attitudes of 360 degrees of pitch and roll and installed in accordance with the instrument requirements prescribed in § 121.305(j) of this chapter; and

(ii) Rotorcraft with a third attitude instrument system usable through flight attitudes of ±80 degrees of pitch and ±120 degrees of roll and installed in accordance with § 29.1303(g) of this chapter.

(4) Slip-skid indicator.

(5) Sensitive altimeter adjustable for barometric pressure.

(6) A clock displaying hours, minutes, and seconds with a sweep-second pointer or digital presentation.

(7) Generator or alternator of adequate capacity.

(8) Gyroscopic pitch and bank indicator (artificial horizon).

(9) Gyroscopic direction indicator (directional gyro or equivalent).

(e) Flight at and above 24,000 feet MSL (FL 240). If VOR navigation equipment is required under paragraph (d)(2) of this section, no person may operate a U.S.-registered civil aircraft within the 50 states and the District of Columbia at or above FL 240 unless that aircraft is equipped with approved DME or a suitable RNAV system. When the DME or RNAV system required by this paragraph fails at and above FL 240, the pilot in command of the aircraft must notify ATC immediately, and then may continue operations at and above FL 240 to the next airport of intended landing where repairs or replacement of the equipment can be made.

(f) Category II operations. The requirements for Category II operations are the instruments and equipment specified in—

(1) Paragraph (d) of this section; and

(2) Appendix A to this part.

(g) Category III operations. The instruments and equipment required for Category III operations are specified in paragraph (d) of this section.

(h) Night vision goggle operations. For night vision goggle operations, the following instruments and equipment must be installed in the aircraft, functioning in a normal manner, and approved for use by the FAA:

(1) Instruments and equipment specified in paragraph (b) of this section, instruments and equipment specified in paragraph (c) of this section;

(2) Night vision goggles;

(3) Interior and exterior aircraft lighting system required for night vision goggle operations;

(4) Two-way radio communications system;

(5) Gyroscopic pitch and bank indicator (artificial horizon);

(6) Generator or alternator of adequate capacity for the required instruments and equipment; and

(7) Radar altimeter.

(i) Exclusions. Paragraphs (f) and (g) of this section do not apply to operations conducted by a holder of a certificate issued under part 121 or part 135 of this chapter.

This section outlines the requirements for operating a powered civil aircraft with a standard category U.S. airworthiness certificate, specifying instruments and equipment necessary for different types of operations. For visual-flight rules (VFR) during the day, specific instruments such as airspeed indicator, altimeter, and magnetic direction indicator are required, along with other safety equipment like a shoulder harness for each seat. For VFR flight at night, additional equipment such as position lights and an aviation red or white anticollision light system are necessary. Instrument flight rules (IFR) mandate further instruments like two-way radio communication and navigation equipment, and for flights at and above 24,000 feet MSL (FL 240), approved DME or a suitable RNAV system is required. Category II and III operations have their specific equipment requirements, while night vision goggle operations necessitate additional instruments and equipment, including night vision goggles and a radar altimeter. Operations conducted under part 121 or part 135 of this chapter are excluded from certain requirements specified in this section.

  • § 91.207 Emergency locator transmitters

(a) Except as provided in paragraphs (e) and (f) of this section, no person may operate a U.S.-registered civil airplane unless—

(1) There is attached to the airplane an approved automatic type emergency locator transmitter that is in operable condition for the following operations, except that after June 21, 1995, an emergency locator transmitter that meets the requirements of TSO-C91 may not be used for new installations:

(i) Those operations governed by the supplemental air carrier and commercial operator rules of parts 121 and 125;

(ii) Charter flights governed by the domestic and flag air carrier rules of part 121 of this chapter; and

(iii) Operations governed by part 135 of this chapter; or

(2) For operations other than those specified in paragraph (a)(1) of this section, there must be attached to the airplane an approved personal type or an approved automatic type emergency locator transmitter that is in operable condition, except that after June 21, 1995, an emergency locator transmitter that meets the requirements of TSO-C91 may not be used for new installations.

(b) Each emergency locator transmitter required by paragraph (a) of this section must be attached to the airplane in such a manner that the probability of damage to the transmitter in the event of crash impact is minimized. Fixed and deployable automatic type transmitters must be attached to the airplane as far aft as practicable.

(c) Batteries used in the emergency locator transmitters required by paragraphs (a) and (b) of this section must be replaced (or recharged, if the batteries are rechargeable)—

(1) When the transmitter has been in use for more than 1 cumulative hour; or

(2) When 50 percent of their useful life (or, for rechargeable batteries, 50 percent of their useful life of charge) has expired, as established by the transmitter manufacturer under its approval.

The new expiration date for replacing (or recharging) the battery must be legibly marked on the outside of the transmitter and entered in the aircraft maintenance record. Paragraph (c)(2) of this section does not apply to batteries (such as water-activated batteries) that are essentially unaffected during probable storage intervals.

(d) Each emergency locator transmitter required by paragraph (a) of this section must be inspected within 12 calendar months after the last inspection for—

(1) Proper installation;

(2) Battery corrosion;

(3) Operation of the controls and crash sensor; and

(4) The presence of a sufficient signal radiated from its antenna.

(e) Notwithstanding paragraph (a) of this section, a person may—

(1) Ferry a newly acquired airplane from the place where possession of it was taken to a place where the emergency locator transmitter is to be installed; and

(2) Ferry an airplane with an inoperative emergency locator transmitter from a place where repairs or replacements cannot be made to a place where they can be made.

No person other than required crewmembers may be carried aboard an airplane being ferried under paragraph (e) of this section.

(f) Paragraph (a) of this section does not apply to—

(1) Before January 1, 2004, turbojet-powered aircraft;

(2) Aircraft while engaged in scheduled flights by scheduled air carriers;

(3) Aircraft while engaged in training operations conducted entirely within a 50-nautical mile radius of the airport from which such local flight operations began;

(4) Aircraft while engaged in flight operations incident to design and testing;

(5) New aircraft while engaged in flight operations incident to their manufacture, preparation, and delivery;

(6) Aircraft while engaged in flight operations incident to the aerial application of chemicals and other substances for agricultural purposes;

(7) Aircraft certificated by the Administrator for research and development purposes;

(8) Aircraft while used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys;

(9) Aircraft equipped to carry not more than one person.

(10) An aircraft during any period for which the transmitter has been temporarily removed for inspection, repair, modification, or replacement, subject to the following:

(i) No person may operate the aircraft unless the aircraft records contain an entry which includes the date of initial removal, the make, model, serial number, and reason for removing the transmitter, and a placard located in view of the pilot to show “ELT not installed.”

(ii) No person may operate the aircraft more than 90 days after the ELT is initially removed from the aircraft; and

(11) On and after January 1, 2004, aircraft with a maximum payload capacity of more than 18,000 pounds when used in air transportation.

This section outlines the regulatory requirements governing the operation of U.S.-registered civil airplanes concerning the installation, maintenance, and operation of emergency locator transmitters (ELTs). According to paragraph (a), every civil airplane must be equipped with an approved automatic type emergency locator transmitter unless exempted under paragraphs (e) and (f). This ELT must be in operable condition and installed in a manner that minimizes the risk of damage during crash impact, with fixed and deployable transmitters ideally positioned aftward to enhance survivability. This includes replacing or recharging batteries after one cumulative hour of use or when 50 percent of their useful life has expired, as determined by the manufacturer. Additionally, paragraph (d) mandates periodic inspections of the ELT every 12 calendar months to ensure proper installation, battery condition, operational controls, crash sensor functionality, and sufficient signal transmission from the antenna. Meanwhile, paragraph (e) provides exceptions to the ELT requirement, allowing for ferrying of aircraft without operative ELTs to or from locations where repairs or installations can be made, albeit with restrictions on non-essential passengers during such ferry flights. Moreover, paragraph (f) delineates specific exemptions from the ELT mandate, including turbojet-powered aircraft before January 1, 2004, scheduled air carrier flights, certain training operations, flight testing, and other specialized flight activities. These exemptions acknowledge scenarios where ELT installation may not be feasible or necessary due to operational characteristics or safety considerations.

  • § 91.209 Aircraft lights

No person may:

(a) During the period from sunset to sunrise (or, in Alaska, during the period a prominent unlighted object cannot be seen from a distance of 3 statute miles or the sun is more than 6 degrees below the horizon)—

(1) Operate an aircraft unless it has lighted position lights;

(2) Park or move an aircraft in, or in dangerous proximity to, a night flight operations area of an airport unless the aircraft—

(i) Is clearly illuminated;

(ii) Has lighted position lights; or

(iii) is in an area that is marked by obstruction lights;

(3) Anchor an aircraft unless the aircraft—

(i) Has lighted anchor lights; or

(ii) Is in an area where anchor lights are not required on vessels; or

(b) Operate an aircraft that is equipped with an anticollision light system, unless it has lighted anticollision lights. However, the anticollision lights need not be lighted when the pilot-in-command determines that, because of operating conditions, it would be in the interest of safety to turn the lights off.

  • § 91.211 Supplemental oxygen.

(a) General. No person may operate a civil aircraft of U.S. registry—

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

(2) At cabin pressure altitudes above 14,000 feet (MSL) unless the required minimum flight crew is provided with and uses supplemental oxygen during the entire flight time at those altitudes; and

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

(b) Pressurized cabin aircraft.

(1) No person may operate a civil aircraft of U.S. registry with a pressurized cabin—

(i) At flight altitudes above flight level 250 unless at least a 10-minute supply of supplemental oxygen, in addition to any oxygen required to satisfy paragraph (a) of this section, is available for each occupant of the aircraft for use in the event that a descent is necessitated by loss of cabin pressurization; and

(ii) At flight altitudes above flight level 350 unless one pilot at the controls of the airplane is wearing and using an oxygen mask that is secured and sealed and that either supplies oxygen at all times or automatically supplies oxygen whenever the cabin pressure altitude of the airplane exceeds 14,000 feet (MSL), except that the one pilot need not wear and use an oxygen mask while at or below flight level 410 if there are two pilots at the controls and each pilot has a quick-donning type of oxygen mask that can be placed on the face with one hand from the ready position within 5 seconds, supplying oxygen and properly secured and sealed.

(2) Notwithstanding paragraph (b)(1)(ii) of this section, if for any reason at any time it is necessary for one pilot to leave the controls of the aircraft when operating at flight altitudes above flight level 350, the remaining pilot at the controls shall put on and use an oxygen mask until the other pilot has returned to that crewmember's station.

This section outlines regulations governing the operation of civil aircraft registered in the United States concerning the use of supplemental oxygen and oxygen masks at varying cabin pressure altitudes. Subsection (a) specifies requirements for supplemental oxygen based on different altitude thresholds, mandating its provision and use by flight crew and occupants at specific altitudes to ensure adequate oxygenation. Subsection (b) pertains specifically to aircraft with pressurized cabins, delineating conditions under which supplemental oxygen must be available for occupants and prescribing the use of oxygen masks by pilots based on altitude, with provisions for rapid access and utilization in emergency situations. These regulations aim to safeguard aviation safety by ensuring adequate oxygen levels for crew and passengers during flight, particularly at higher altitudes where hypoxia poses increased risks.

  • § 91.213 Inoperative instruments and equipment.

(a) Except as provided in paragraph (d) of this section, no person may take off an aircraft with inoperative instruments or equipment installed unless the following conditions are met:

(1) An approved Minimum Equipment List exists for that aircraft.

(2) The aircraft has within it a letter of authorization, issued by the responsible Flight Standards office, authorizing operation of the aircraft under the Minimum Equipment List. The letter of authorization may be obtained by written request of the airworthiness certificate holder. The Minimum Equipment List and the letter of authorization constitute a supplemental type certificate for the aircraft.

(3) The approved Minimum Equipment List must—

(i) Be prepared in accordance with the limitations specified in paragraph (b) of this section; and

(ii) Provide for the operation of the aircraft with the instruments and equipment in an inoperable condition.

(4) The aircraft records available to the pilot must include an entry describing the inoperable instruments and equipment.

(5) The aircraft is operated under all applicable conditions and limitations contained in the Minimum Equipment List and the letter authorizing the use of the list.

(b) The following instruments and equipment may not be included in a Minimum Equipment List:

(1) Instruments and equipment that are either specifically or otherwise required by the airworthiness requirements under which the aircraft is type certificated and which are essential for safe operations under all operating conditions.

(2) Instruments and equipment required by an airworthiness directive to be in operable condition unless the airworthiness directive provides otherwise.

(3) Instruments and equipment required for specific operations by this part.

(c) A person authorized to use an approved Minimum Equipment List issued for a specific aircraft under subpart K of this part, part 121, 125, or 135 of this chapter must use that Minimum Equipment List to comply with the requirements in this section.

(d) Except for operations conducted in accordance with paragraph (a) or (c) of this section, a person may takeoff an aircraft in operations conducted under this part with inoperative instruments and equipment without an approved Minimum Equipment List provided—

(1) The flight operation is conducted in a—

(i) Rotorcraft, non-turbine-powered airplanegliderlighter-than-air aircraftpowered parachute, or weight-shift-control aircraft, for which a master minimum equipment list has not been developed; or

(ii) Small rotorcraft, nonturbine-powered small airplaneglider, or lighter-than-air aircraft for which a Master Minimum Equipment List has been developed; and

(2) The inoperative instruments and equipment are not—

(i) Part of the VFR-day type certification instruments and equipment prescribed in the applicable airworthiness regulations under which the aircraft was type certificated;

(ii) Indicated as required on the aircraft's equipment list, or on the Kinds of Operations Equipment List for the kind of flight operation being conducted;

(iii) Required by § 91.205 or any other rule of this part for the specific kind of flight operation being conducted; or

(iv) Required to be operational by an airworthiness directive; and

(3) The inoperative instruments and equipment are—

(i) Removed from the aircraft, the cockpit control placarded, and the maintenance recorded in accordance with § 43.9 of this chapter; or

(ii) Deactivated and placarded “Inoperative.” If deactivation of the inoperative instrument or equipment involves maintenance, it must be accomplished and recorded in accordance with part 43 of this chapter; and

(4) A determination is made by a pilot, who is certificated and appropriately rated under part 61 of this chapter, or by a person, who is certificated and appropriately rated to perform maintenance on the aircraft, that the inoperative instrument or equipment does not constitute a hazard to the aircraft.

An aircraft with inoperative instruments or equipment as provided in paragraph (d) of this section is considered to be in a properly altered condition acceptable to the Administrator.

(e) Notwithstanding any other provision of this section, an aircraft with inoperable instruments or equipment may be operated under a special flight permit issued in accordance with §§ 21.197 and 21.199 of this chapter.

This section outlines regulations governing the operation of aircraft with inoperative instruments or equipment, with exceptions provided in paragraph (d). Paragraph (a) specifies conditions under which an aircraft may take off with inoperative instruments or equipment, including the existence of an approved Minimum Equipment List (MEL), authorization from the Flight Standards office, and compliance with MEL conditions and limitations. Paragraph (b) delineates instruments and equipment ineligible for inclusion in an MEL, such as those essential for safe operations or required by airworthiness directives. Paragraph (c) mandates the use of approved MELs for compliance. Paragraph (d) outlines circumstances allowing takeoff without an approved MEL, subject to specific criteria regarding aircraft type, equipment status, and pilot determination of safety. Additionally, paragraph (e) permits operation under a special flight permit for aircraft with inoperative instruments or equipment. These regulations aim to ensure aircraft safety while allowing flexibility in managing inoperative instruments or equipment.

  • § 91.215 ATC transponder and altitude reporting equipment and use

(a) All airspace: U.S.-registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed must meet the performance and environmental requirements of any class of TSO-C74b (Mode A) or any class of TSO-C74c (Mode A with altitude reporting capability) as appropriate, or the appropriate class of TSO-C112 (Mode S).

(b) All airspace. Unless otherwise authorized or directed by ATC, and except as provided in paragraph (e)(1) of this section, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode A 4096 code capability, replying to Mode A interrogations with the code specified by ATC, or a Mode S capability, replying to Mode A interrogations with the code specified by ATC and Mode S interrogations in accordance with the applicable provisions specified in TSO–C112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 100-foot increments. The requirements of this paragraph (b) apply to—

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally certificated with an engine-driven electrical system or which has not subsequently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and

(5) All aircraft except any aircraft which was not originally certificated with an engine-driven electrical system or which has not subsequently been certified with such a system installed, balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and

(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that airport.

(c) Transponder-on operation. Except as provided in paragraph (e)(2) of this section, while in the airspace as specified in paragraph (b) of this section or in all controlled airspace, each person operating an aircraft equipped with an operable ATC transponder maintained in accordance with § 91.413 shall operate the transponder, including Mode C equipment if installed, and shall reply on the appropriate code or as assigned by ATC, unless otherwise directed by ATC when transmitting would jeopardize the safe execution of air traffic control functions.

(d) ATC authorized deviations. Requests for ATC authorized deviations must be made to the ATC facility having jurisdiction over the concerned airspace within the time periods specified as follows:

(1) For operation of an aircraft with an operating transponder but without operating automatic pressure altitude reporting equipment having a Mode C capability, the request may be made at any time.

(2) For operation of an aircraft with an inoperative transponder to the airport of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time.

(3) For operation of an aircraft that is not equipped with a transponder, the request must be made at least one hour before the proposed operation.

(e) Unmanned aircraft.

(1) The requirements of paragraph (b) of this section do not apply to a person operating an unmanned aircraft under this part unless the operation is conducted under a flight plan and the person operating the unmanned aircraft maintains two-way communication with ATC.

(2) No person may operate an unmanned aircraft under this part with a transponder on unless:

(i) The operation is conducted under a flight plan and the person operating the unmanned aircraft maintains two-way communication with ATC; or

(ii) The use of a transponder is otherwise authorized by the Administrator.

This section delineates regulations pertaining to the operation of U.S.-registered civil aircraft in various airspaces, focusing on transponder and altitude reporting equipment requirements. Paragraph (a) specifies the performance and environmental standards for ATC transponder equipment, mandating compliance with designated TSO classes. Paragraph (b) outlines the airspace categories where aircraft must be equipped with an operable transponder and automatic pressure altitude reporting equipment, emphasizing requirements for Class A, B, and C airspace areas, as well as specified distances from certain airports. Paragraph (c) requires operators to utilize transponders in specified airspace, except when directed otherwise by ATC. Paragraph (d) details the procedures for requesting ATC authorized deviations from transponder requirements, contingent upon various circumstances such as equipment malfunctions or non-equipped aircraft. Paragraph (e) delineates exemptions for unmanned aircraft operations from transponder requirements, provided certain conditions are met, including the maintenance of two-way communication with ATC. These regulations aim to ensure safe and efficient air traffic management while accommodating diverse aircraft operations.

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