Part 91—GENERAL OPERATION and Flight Rules

Subpart A—General

Sec. 91.1 Applicability

A. Except as provided in paragraph B of this section and Section 91.703, this part prescribes rules governing the operation of aircraft (other than moored balloons, kites, unmanned rockets, and unmanned free balloons, which are governed by part 101 of this chapter, and ultralight vehicles operated in accordance with part 103 of this chapter) within the United States, including the waters within 3 nautical miles of the U.S. coast.

B. Each person operating an aircraft in the airspace overlying the waters between 3 and 12 nautical miles from the coast of the United States shall comply with Secs. 91.1 through 91.21; Secs. 91.101 through 91.143; Secs. 91.151 through 91.159; Secs. 91.167 through 91.193; Sec. 91.203; Sec. 91.205; Secs. 91.209 through 91.217; Sec. 91.221; Secs. 91.303 through 91.319; Sec. 91.323; Sec. 91.605; Sec. 91.609; Secs. 91.703 through 91.715; and 91.903.

 

Sec. 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.

(Approved by the Office of Management and Budget under OMB control number 2120-0005)

Sec. 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.

 

Sec. 91.11 Prohibition against interference with crewmembers

No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember’s duties aboard an aircraft being operated.

Sec. 91.13 Careless or reckless operation

A. Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.

B. Aircraft operations other than for the purpose of air navigation. No person may operate an aircraft, other than for the purpose of air navigation, on any part of the surface of an airport used by aircraft for air commerce (including areas used by those aircraft for receiving or discharging persons or cargo), in a careless or reckless manner so as to endanger the life or property of another.

 

Sec. 91.15 Dropping objects

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

Sec. 91.17 Alcohol or drugs

A. No person may act or attempt to act as a crewmember of a civil aircraft—

1. Within 8 hours after the consumption of any alcoholic beverage;

2. While under the influence of alcohol;

3. While using any drug that affects the person’s faculties in any way contrary to safety; or

4. While having .04 percent by weight or more alcohol in the blood.

B. Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.

C. A crewmember shall do the following:

1. On request of a law enforcement officer, submit to a test to indicate the percentage by weight of alcohol in the blood, when—

a. The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and

b. The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph A.1, A.2, or A.4 of this section.

2. Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph A.1, A.2, or A.4 of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates percentage by weight of alcohol in the blood.

D. Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph A.3 of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the presence of any drugs in the body.

E. Any test information obtained by the Administrator under paragraph C or D of this section may be evaluated in determining a person’s qualifications for any airman certificate or possible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958.

 

Sec. 91.19 Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances

A. Except as provided in paragraph B of this section, no person may operate a civil aircraft within the United States with knowledge that narcotic drugs, marijuana, and depressant or stimulant drugs or substances as defined in Federal or State statutes are carried in the aircraft.

B. Paragraph A of this section does not apply to any carriage of narcotic drugs, marijuana, and depressant or stimulant drugs or substances authorized by or under any Federal or State statute or by any Federal or State agency.

 

Sec. 91.25 Aviation Safety Reporting Program: Prohibition against use of reports for enforcement purposes

The Administrator of the FAA will not use reports submitted to the National Aeronautics and Space Administration under the Aviation Safety Reporting Program (or information derived there from) in any enforcement action except information concerning accidents or criminal offenses which are wholly excluded from the Program.

Subpart B—Flight Rules General

Sec. 91.101 Applicability

This subpart prescribes flight rules governing the operation of aircraft within the United States and within 12 nautical miles from the coast of the United States.

Sec. 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.

 

Sec. 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:

a. Be held by an adult who is occupying a seat or berth if that person has not reached his or her second birthday;

b. 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

 

Sec. 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.

 

Sec. 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 airship, airplane, or rotorcraft; and

3. An airship has the right-of-way over an airplane 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.

 

Sec. 91.119 Minimum safe altitudes: GENERAL

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

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.

 

Sec. 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 section 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 Visual Flight Rules (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 section 91.185.

 

Sec. 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.

 

Subpart C—Equipment, Instrument, and Certificate Requirements

Sec. 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:

a. 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

b. 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.b 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.

 

Subpart D—Special Flight Operations

Sec. 91.307 Parachutes and parachuting

A. No pilot of a civil aircraft may allow a parachute that is available for emergency use to be carried in that aircraft unless it is an approved type and—

1. If a chair type (canopy in back), it has been packed by a certificated and appropriately rated parachute rigger within the preceding 120 days; or

2. If any other type, it has been packed by a certificated and appropriately rated parachute rigger—

a. Within the preceding 120 days, if its canopy, shrouds, and harness are composed exclusively of nylon, rayon, or other similar synthetic fiber or materials that are substantially resistant to damage from mold, mildew, or other fungi and other rotting agents propagated in a moist environment; or

b. Within the preceding 60 days, if any part of the parachute is composed of silk, pongee, or other natural fiber, or materials not specified in paragraph A.2.a of this section.

B. Except in an emergency, no pilot in command may allow, and no person may make, a parachute jump from an aircraft within the United States except in accordance with Part 105.

C. Unless each occupant of the aircraft is wearing an approved parachute, no pilot of a civil aircraft carrying any person (other than a crewmember) may execute any intentional maneuver that exceeds:

1. A bank of 60o relative to the horizon; or

2. A nose-up or nose-down attitude of 30o relative to the horizon.

D. Paragraph C of this section does not apply to—

1. Flight tests for pilot certification or rating; or

2. Spins and other flight maneuvers required by the regulations for any certificate or rating when given by:

a. A certificated flight instructor; or

b. An airline transport pilot instructing in accordance with Section 61.169 of this chapter.

E. For the purposes of this section, "approved parachute" means:

1. A parachute manufactured under a type certificate or a technical standard order (C-23 series); or

2. A personnel-carrying military parachute identified by an NAF, AAF, or AN drawing number, an AAF order number, or any other military designation or specification number.

 

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