Current through Register Vol. 48, No. 38, September 20, 2024
The pilot-in-command of the aircraft shall be directly
responsible for its operation and shall have final authority as to the
operation of the aircraft. In emergency situations that require immediate
decisions and actions (e.g., engine failure), the pilot-in-command may deviate
from this Subpart D to the extent required for safety considerations. When
emergency authority is exercised, the pilot-in-command, upon request of the
Division, shall file a written report that, at a minimum, describes the
circumstances of the emergency and how the pilot-in-command deviated from this
Subpart D.
a) Careless or Reckless
Operation
1) No pilot shall operate an
aircraft in a careless or reckless manner so as to endanger the person or
property of another.
2) Examples of
careless or reckless aircraft operation that may endanger the person or
property of another are:
A) Buzzing, diving
on, or flying in close proximity to livestock, homes, any structure, aircraft,
vehicle, vessel, person or group of persons.
B) Operating the aircraft at an insufficient
altitude so as to endanger a person or property on the surface or passengers
within the aircraft.
C) Lacking
vigilance by the pilot to observe and avoid other air traffic.
D) Knowingly and substantially violating
airport traffic rules established by the FAA or the airport owner.
E) Operating an aircraft without meeting the
FAA's minimum qualifications and currency requirements for pilots.
b) Proximity of
Aircraft. No pilot shall operate an aircraft in proximity to or on a course
relative to other aircraft so as to create a collision hazard. No aircraft
shall be operated in formation flight except by pre-arrangement between the
pilot-in-command of each aircraft. No pilot shall operate an aircraft in
formation flight when passengers are carried for hire.
c) Aerobatic Flight
1) No pilot shall intentionally fly an
aircraft in aerobatic flight unless each occupant is equipped with a FAA
approved parachute. Aerobatic flight relating to this Part means:
A) A bank in excess of 60° relative to
the horizon; or
B) A nose up or
nose down attitude in excess of 30° relative to the horizon.
2) No pilot shall engage in
aerobatic flight under the following conditions:
A) Over congested areas of cities, towns,
settlements, or over an open-air assembly of persons.
B) Within any FAA designated airway or within
the lateral boundaries of the surface areas of Class B, Class C, Class D or
Class E airspace designated for an airport.
C) When the flight visibility is less than
three statute miles.
D) Below an
altitude of 1,500 feet above the surface.
3) Subsection (c)(1) of this Section does not
apply to:
A) Flight tests for pilot
certification or rating; or
B)
Spins and other flight maneuvers required by FAA regulations for any
certificate or rating when given by:
i) An
authorized flight instructor; or
ii) An airline transport pilot instructing in
accordance with 14 CFR 61, effective October 1, 2002.
d) Minimum Safe
Altitudes. Except when necessary for takeoff or landing, and except as
permitted by a FAA low flying waiver, no pilot shall operate an aircraft below
the following altitudes at the following locations:
1) Anywhere. An altitude that will permit, in
the event of the failure of a power unit, an emergency landing without hazard
to a person or property on the surface.
2) Over a Congested Area. 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. Helicopters and aircraft having similar flight
characteristics may be flown at less than the minimum prescribed in this
subsection (d)(2) if such operations are conducted without hazard to or
disturbance of persons or property on the surface and in accordance with
subsection (d) of this Section. However, the Division, in the interest of
safety, may prescribe specific routes and altitudes for the operations, with
which Special Purpose Aircraft shall conform.
3) Over an Area Other Than Congested Area. At
an altitude of 500 feet above the surface, except over open water or sparsely
populated areas. In these cases, the aircraft shall not be operated closer than
500 feet to any person, vessel, vehicle or structure. Helicopters may be flown
at less than the minimums prescribed in this subsection (d)(3) if the
operations are conducted without hazard to a person or property on the surface,
and in accordance with subsection (d) of this Section.
e) Aircraft Lights
1) Between sunset and sunrise, all aircraft
in flight or operated on the ground, or under way on the water, shall display
position lights and approved aviation red or aviation white anti-collision
lights if so equipped.
2) Between
sunrise and sunset, all aircraft in flight shall display approved aviation red
or aviation white anti-collision lights. However, the anti-collision lights
need not be lighted if the pilot-in-command determines, due to operating
conditions and in the interest of safety, the lights need not be on.
f) Visual Flight Rules (VFR) -
Basic VFR Weather Minimums
1) Except as
provided in
14 CFR
91.155(b) or
14 CFR
91.157, effective October 1, 2002, no pilot
may operate an aircraft under VFR when the flight visibility is less, or at a
distance from clouds that is less, than that prescribed in
14 CFR
91.155(a), effective October
1, 2002.
2) When the visibility is
less than one statute mile, a helicopter may be operated outside Class E
airspace at 1,200 feet or less above the surface, if operated at a speed that
allows the pilot adequate opportunity to see any air traffic or other
obstruction in time to avoid a collision.
3) Except as provided in subsection (g) of
this Section, no pilot may operate an aircraft beneath the ceiling within the
lateral boundaries of Class E airspace designated to the surface for an
airport, under VFR, when the ceiling is less than 1,000 feet.
4) Except as provided in subsection (g) of
this Section, no person may takeoff 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 unless:
A) Ground visibility at that
airport is at least three statute miles; or
B) If ground visibility is not reported at
that airport, flight visibility during landing or takeoff, or while operating
in the traffic pattern, is at least three statute miles.
5) For the purposes of subsection (f) of this
Section, an aircraft operating at the base altitude of Class E airspace is
considered to be within the airspace directly below that area.
g) Visual Flight Rules - Special
VFR Weather Minimums.
1) When a pilot has
received an appropriate Air Traffic Control (ATC) clearance, the special
weather minimums of this subsection (g)(1), instead of those contained in
subsection (f) of this Section, apply to the operation of an aircraft under VFR
by that pilot in a Class B, Class C, Class D or Class E airspace designated for
an airport.
2) No pilot may operate
an aircraft, other than a helicopter, under special VFR clearance, unless one
statute mile of flight visibility and clear of clouds is maintained.
3) Except for helicopters, no pilot may
operate an aircraft under special VFR clearance between sunset and sunrise,
unless that person meets the requirements for instrument flight under 14 CFR
61, effective October 1, 2002, and the aircraft is equipped as required in
14
CFR 91.205(d), effective
October 1, 2002.
h) VFR
Cruising Altitude or Flight Level. Except while holding in a holding pattern of
two minutes or less, or while turning, each pilot operating an aircraft under
VFR in level cruising flight, more than 3,000 feet above the surface, shall
maintain the appropriate altitude prescribed below.
1) When operating below 18,000 feet mean sea
level (MSL) and:
A) 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
B) 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).
2) VFR Flight above 18,000 feet MSL is
prohibited throughout the conterminous United States.
