12.01 INTRODUCTION
The Federal Aviation Administration (FAA) of the US Department of Transportation has the responsibility for regulating airspace usage in the United States. Concerning skydiving activities, the FAA fulfills this responsibility by specifically regulating certain aspects of skydiving and by relying upon the self–regulation of the participants through the guidelines and recommendations published by USPA. The FAA’s main responsibility is to safeguard persons and property on the ground and to provide adequate control of airspace usage. The FAA does this by certificating pilots, mechanics, air traffic controllers and parachute riggers and by requiring approval data for aircraft and parachutes. The FAA relies upon self policing from within the skydiving community for most training and operational requirements.
12.02 SCOPE
This section contains all or part of the following FAA publications:
FAR Part 65
Certification: Airmen other than Flight Crew Members (Parachute Riggers), September 1974FAR Part 91
General Operating and Flight Rules, August 18, 1990FAR Part 105
Parachute Jumping, September 1992
12.03 ENFORCEMENT
The FAA has the authority to impose fines and suspend or revoke certificates it has issued. The FAA can fine the pilot and the jumpers as well as suspend or revoke the certificates of pilots and riggers.
Part 65—Certification: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
subpart A—General
Sec. 65.1 Applicability
This part prescribes the requirements for issuing the following certificates and associated ratings and the general operating rules for the holders of those certificates and ratings:
• Air-traffic control-tower operator
• Aircraft dispatcher
• Mechanics
• Repairmen
• Parachute rigger
Sec. 65.11 Application and issue
A. Application for a certificate and appropriate class rating, or for an additional rating, under this part must be made on a form and in a manner prescribed by the Administrator. Each person who is neither a U.S. citizen nor a resident alien and who applies for a written or practical test to be administered outside the United States or for any certificate or rating issued under this part must show evidence that the fee prescribed in Appendix A of Part 187 of this chapter has been paid.
B. An applicant who meets the requirements of this part is entitled to an appropriate certificate and rating.
C. Unless authorized by the Administrator, a person whose air traffic control tower operator, mechanic, or parachute rigger certificate is suspended may not apply for any rating to be added to that certificate during the period of suspension.
D. Unless the order of revocation provides otherwise—
1. A person whose air traffic control tower operator, aircraft dispatcher, or parachute rigger certificate is revoked may not apply for the same kind of certificate for 1 year after the date of revocation; and
2. A person whose mechanic or repairman certificate is revoked may not apply for either of those kinds of certificates for 1 year after the date of revocation.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 FR 13524, Oct. 20, 1966; Amdt. 65-28, 47 FR 35693, Aug. 16, 1982]
Sec. 65.12 Offenses involving alcohol or drugs
A. A conviction for the violation of any Federal or state statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:
1. Denial of an application for any certificate or rating issued under this part for a period of up to 1 year after the date of final conviction; or
2. Suspension or revocation of any certificate or rating issued under this part.
B. The commission of an act prohibited by Sec. 91.19A. of this chapter is grounds for:
1. Denial of an application for a certificate or rating issued under this part for a period of up to 1 year after the date of that act; or
2. Suspension or revocation of any certificate or rating issued under this part.
[Doc. No. 21956, Amdt. 65-29, 50 FR 15379, Apr. 17, 1985, as amended by Amdt. 65-34, 54 FR 34330, Aug. 18, 1989]
Sec. 65.13 Temporary certificate
A certificate and ratings effective for a period of not more than 120 days may be issued to a qualified applicant, pending review of his application and supplementary documents and the issue of the certificate and ratings for which he applied.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-23, 43 FR 22640, May 25, 1978]
Sec. 65.15 Duration of certificates
A. Except for repairman certificates, a certificate or rating issued under this part is effective until it is surrendered, suspended, or revoked.
B. Unless it is sooner surrendered, suspended, or revoked, a repairman certificate is effective until the holder is relieved from the duties for which the holder was employed and certificated.
C. The holder of a certificate issued under this part that is suspended, revoked, or no longer effective shall return it to the Administrator.
[Amdt. 65-28, 47 FR 35693, Aug. 16, 1982]
Sec. 65.16 Change of name: Replacement of lost or destroyed certificate
A. An application for a change of name on a certificate issued under this part must be accompanied by the applicant’s current certificate and the marriage license, court order, or other document verifying the change. The documents are returned to the applicant after inspection.
B. An application for a replacement of a lost or destroyed certificate is made by letter to the Department of Transportation, Federal Aviation Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125. The letter must contain:
1. The name in which the certificate was issued, the permanent mailing address (including zip code), social security number (if any), and date and place of birth of the certificate holder, and any available information regarding the grade, number, and date of issue of the certificate, and the ratings on it; and
2. A check or money order for $2, payable to the Federal Aviation Administration.
C. An application for a replacement of a lost or destroyed medical certificate is made by letter to the Department of Transportation, Federal Aviation Administration, Civil Aeromedical Institute, Aeromedical Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125, accompanied by a check or money order for $2.00.
D. A person whose certificate issued under this part or medical certificate, or both, has been lost may obtain a telegram from the FAA confirming that it was issued. The telegram may be carried as a certificate for a period not to exceed 60 days pending his receiving a duplicate certificate under paragraph B or C of this section, unless he has been notified that the certificate has been suspended or revoked. The request for such a telegram may be made by prepaid telegram, stating the date upon which a duplicate certificate was requested, or including the request for a duplicate and a money order for the necessary amount. The request for a telegraphic certificate should be sent to the office prescribed in paragraph B or C of this section, as appropriate. However, a request for both at the same time should be sent to the office prescribed in paragraph B of this section.
[Amdt. 65-9, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 1967; Amdt. 65-16, 35 FR 14075, Sept. 4, 1970; Amdt. 65-17, 36 FR 2865, Feb. 11, 1971]
Sec. 65.17 Tests: General procedure
A. Tests prescribed by or under this part are given at times and places, and by persons, designated by the Administrator.
B. The minimum passing grade for each test is 70 percent.
Sec. 65.18 Written tests: Cheating or other unauthorized conduct
A. Except as authorized by the Administrator, no person may—
1. Copy, or intentionally remove, a written test under this part.
2. Give to another, or receive from another, any part or copy of that test.
3. Give help on that test to, or receive help on that test from, any person during the period that test is being given.
4. Take any part of that test in behalf of another
person.5. Use any material or aid during the period that test is being given.
6. Intentionally cause, assist, or participate in any act prohibited by this paragraph.
B. No person who commits an act prohibited by paragraph A of this section is eligible for any airman or ground instructor certificate or rating under this chapter for a period of 1 year after the date of that act. In addition, the commission of that act is a basis for suspending or revoking any airman or ground instructor certificate or rating held by that person.
[Amdt. 65-3, 30 FR 2196, Feb. 18, 1965]
Sec. 65.19 Retesting after failure
An applicant for a written, oral, or practical test for a certificate and rating, or for an additional rating under this part, may apply for retesting:
A. After 30 days after the date the applicant failed the test; or
B. Before the 30 days have expired if the applicant presents a signed statement from an airman holding the certificate and rating sought by the applicant, certifying that the airman has given the applicant additional instruction in each of the subjects failed and that the airman considers the applicant ready for retesting.
[Amdt. 65-23, 43 FR 22640, May 25, 1978]
Sec. 65.20 Applications, certificates, logbooks, reports, and records: Falsification, reproduction, or alteration
A. No person may make or cause to be made:
1. Any fraudulent or intentionally false statement on any application for a certificate or rating under this part.
2. Any fraudulent or intentionally false entry in any logbook, record, or report that is required to be kept, made, or used, to show compliance with any requirement for any certificate or rating under this part.
3. Any reproduction, for fraudulent purpose, of any certificate or rating under this part.
4. Any alteration of any certificate or rating under this part.
B. The commission by any person of an act prohibited under paragraph A of this section is a basis for suspending or revoking any airman or ground instructor certificate or rating held by that person.
[Amdt. 65-3, 30 FR 2196, Feb. 18, 1965]
Sec. 65.21 Change of address
Within 30 days after any change in his permanent mailing address, the holder of a certificate issued under this part shall notify the Department of Transportation, Federal Aviation Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125, in writing, of his new address.
[Amdt. 65-16, 35 FR 14075, Sept. 4, 1970]
Subpart F—Parachute Riggers
Sec. 65.111 Certificate required
A. No person may pack, maintain, or alter any personnel carrying parachute intended for emergency use in connection with civil aircraft of the United States (including the auxiliary parachute of a dual parachute pack to be used for intentional jumping) unless he holds an appropriate current certificate and type rating issued under this subpart and complies with Secs. 65.127 through 65.133.
B. No person may pack, maintain, or alter any main parachute of a dual parachute pack to be used for intentional jumping in connection with civil aircraft of the United States unless he has an appropriate current certificate issued under this subpart. However, a person who does not hold such a certificate may pack the main parachute of a dual parachute pack that is to be used by him for intentional jumping.
C. Each person who holds a parachute rigger certificate shall present it for inspection upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or of any Federal, State, or local law enforcement officer.
D. The following parachute rigger certificates are issued under this part:
1. Senior parachute rigger.
2. Master parachute rigger.
E. Sections 65.127 through 65.133 do not apply to parachutes packed, maintained, or altered for the use of the armed forces.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 FR 13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967]
Sec. 65.113 Eligibility requirements: General
A. To be eligible for a parachute rigger certificate, a person must:
1. Be at least 18 years of age;
2. Be able to read, write, speak, and understand the English language, or, in the case of a citizen of Puerto Rico, or a person who is employed outside of the United States by a U.S. air carrier, and who does not meet this requirement, be issued a certificate that is valid only in Puerto Rico or while he is employed outside of the United States by that air carrier, as the case may be; and
3. Comply with the sections of this subpart that apply to the certificate and type rating he seeks.
B. Except for a master parachute rigger certificate, a parachute rigger certificate that was issued before, and was valid on, October 31, 1962, is equal to a senior parachute rigger certificate, and may be exchanged for such a corresponding certificate.
Sec. 65.115 Senior parachute rigger certificate: Experience, knowledge, and skill requirements
Except as provided in Section 65.117, an applicant for a senior parachute rigger certificate must:
A. Present evidence satisfactory to the Administrator that he has packed at least 20 parachutes of each type for which he seeks a rating, in accordance with the manufacturer’s instructions and under the supervision of a certificated parachute rigger holding a rating for that type or a person holding an appropriate military rating;
B. Pass a written test, with respect to parachutes in common use, on:
1. Their construction, packing, and maintenance;
2. The manufacturer’s instructions;
3. The regulations of this subpart; and
C. Pass an oral and practical test showing his ability to pack and maintain at least one type of parachute in common use, appropriate to the type rating he seeks.
[Doc. No. 10468, Amdt. 65-20, 37 FR 13251, July 6, 1972]
Sec. 65.117 Military riggers or former military riggers: Special certification rule
In place of the procedure in Section 65.115, an applicant for a senior parachute rigger certificate is entitled to it if he passes a written test on the regulations of this subpart and presents satisfactory documentary evidence that he:
A. Is a member or civilian employee of an Armed Force of the United States, is a civilian employee of a regular armed force of a foreign country, or has, within the 12 months before he applies, been honorably discharged or released from any status covered by this paragraph;
B. Is serving, or has served within the 12 months before he applies, as a parachute rigger for such an Armed Force; and
C. Has the experience required by Section 65.115A.
Sec. 65.119 Master parachute rigger certificate: Experience, knowledge, and skill requirements
An applicant for a master parachute rigger certificate must meet the following requirements:
A. Present evidence satisfactory to the Administrator that he has had at least 3 years of experience as a parachute rigger and has satisfactorily packed at least 100 parachutes of each of two types in common use, in accordance with the manufacturer’s instructions:
1. While a certificated and appropriately rated senior parachute rigger; or
2. While under the supervision of a certificated and appropriately rated parachute rigger or a person holding appropriate military ratings. An applicant may combine experience specified in paragraphs A.1 and A.2 of this section to meet the requirements of this paragraph.
B. If the applicant is not the holder of a senior parachute rigger certificate, pass a written test, with respect to parachutes in common use, on:
1. Their construction, packing, and maintenance;
2. The manufacturer’s instructions; and
3. The regulations of this subpart.
C. Pass an oral and practical test showing his ability to pack and maintain two types of parachutes in common use, appropriate to the type ratings he seeks.
[Doc. No. 10468, Amdt. 65-20, 37 FR 13252, July 6, 1972]
Sec. 65.121 Type ratings
A. The following type ratings are issued under this subpart:
1. Seat
2. Back
3. Chest
4. Lap
B. The holder of a senior parachute rigger certificate who qualifies for a master parachute rigger certificate is entitled to have placed on his master parachute rigger certificate the ratings that were on his senior parachute rigger certificate.
Sec. 65.123 Additional type ratings: Requirements
A certificated parachute rigger who applies for an additional type rating must:
A. Present evidence satisfactory to the Administrator that he has packed at least 20 parachutes of the type for which he seeks a rating, in accordance with the manufacturer’s instructions and under the supervision of a certificated parachute rigger holding a rating for that type or a person holding an appropriate military rating; and
B. Pass a practical test, to the satisfaction of the Administra-tor, showing his ability to pack and maintain the type of parachute for which he seeks a rating.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-20, 37 FR 13251, July 6, 1972]
Sec. 65.125 Certificates: Privileges
A. A certificated senior parachute rigger may:
1. Pack or maintain (except for major repair) any type of parachute for which he is rated; and
2. Supervise other persons in packing any type of parachute for which he is rated.
B. A certificated master parachute rigger may:
1. Pack, maintain, or alter any type of parachute for which he is rated; and
2. Supervise other persons in packing, maintaining, or altering any type of parachute for which he is rated.
C. A certificated parachute rigger need not comply with Sections 65.127 through 65.133 (relating to facilities, equipment, performance standards, records, recent experience, and seal) in packing, maintaining, or altering (if authorized) the main parachute of a dual parachute pack to be used for intentional jumping.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-20, 37 FR 13252, July 6, 1972]
Sec. 65.127 Facilities and equipment.
No certificated parachute rigger may exercise the privileges of his certificate unless he has at least the following facilities and equipment available to him:
A. A smooth top table at least three feet wide by 40 feet long.
B. Suitable housing that is adequately heated, lighted, and ventilated for drying and airing parachutes.
C. Enough packing tools and other equipment to pack and maintain the types of parachutes that he services.
D. Adequate housing facilities to perform his duties and to protect his tools and equipment.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-27, 47 FR 13316, Mar. 29, 1982]
Sec. 65.129 Performance standards
No certificated parachute rigger may:
A. Pack, maintain, or alter any parachute unless he is rated for that type;
B. Pack a parachute that is not safe for emergency use;
C. Pack a parachute that has not been thoroughly dried and aired;
D. Alter a parachute in a manner that is not specifically authorized by the Administrator or the manufacturer;
E. Pack, maintain, or alter a parachute in any manner that deviates from procedures approved by the Administrator or the manufacturer of the parachute; or
F. Exercise the privileges of his certificate and type rating unless he understands the current manufacturer’s instructions for the operation involved and has—
1. Performed duties under his certificate for at least 90 days within the preceding 12 months; or
2. Shown the Administrator that he is able to perform those duties.
Sec. 65.131 Records
A. Each certificated parachute rigger shall keep a record of the packing, maintenance, and alteration of parachutes performed or supervised by him. He shall keep in that record, with respect to each parachute worked on, a statement of:
1. Its type and make;
2. Its serial number;
3. The name and address of its owner;
4. The kind and extent of the work performed;
5. The date when and place where the work was
performed; and6. The results of any drop tests made with it.
B. Each person who makes a record under paragraph A of this section shall keep it for at least 2 years after the date it is made.
C. Each certificated parachute rigger who packs a parachute shall write, on the parachute packing record attached to the parachute, the date and place of the packing and a notation of any defects he finds on inspection. He shall sign that record with his name and the number of his
certificate.
Sec. 65.133 Seal.
Each certificated parachute rigger must have a seal with an identifying mark prescribed by the Administrator, and a seal press. After packing a parachute he shall seal the pack with his seal in accordance with the manufacturer’s recommendation for that type of parachute.
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.
Part 105—Parachute jumps
Subpart A—General
Sec 105.1 Applicability
A. This part prescribes rules governing parachute jumps made in the United States except parachute jumps necessary because of an inflight emergency.
B. For the purposes of this part, a "parachute jump" means the descent of a person, to the surface from an aircraft in flight, when he intends to use, or uses, a parachute during all or part of that descent.
Subpart B—Operating Rules
Sec 105.11 Applicability
A. Except as provided in paragraphs B and C of this section, this subpart prescribes operating rules governing parachute jumps to which this part applies.
B. This subpart does not apply to a parachute jump necessary to meet an emergency on the surface, when it is made at the direction, or with the approval, of an agency of the United States, or of a State, Puerto Rico, the District of Columbia, or a possession of the United States, or of a political subdivision of any of them.
C. Sections 105.13 through 105.17 and sections 105.27 through 105.37 of this subpart B do not apply to a parachute jump made by a member of an Armed Force:
1. Over or within a restricted area when that area is under the control of an Armed Force; or
2. In military operations in uncontrolled airspace.
D. Section 105.23 does not apply to a parachute jump made by a member of an Armed Force within a restricted area that extends upward from the surface when that area is under the control of an Armed Force.
[Doc. No. 1491, 27 FR 11636, Nov. 27, 1962, as amended by Amdt. 105-4, 33 FR 11901, Aug. 22, 1968]
Sec 105.13 General
No person may make a parachute jump, and no pilot in command of an aircraft may allow a parachute jump to be made from that aircraft, if that jump creates a hazard to air traffic or to persons or property on the surface.
Sec 105.14 Radio equipment and use requirements
A. Except when otherwise authorized by ATC:
1. No person may make a parachute jump, and no pilot in command of an aircraft may allow a parachute jump to be made from that aircraft, in or into controlled airspace unless, during that flight—
a. The aircraft is equipped with a functioning two-way radio communications system appropriate to the ATC facilities to be used;
b. Radio communications have been established between the aircraft and the nearest FAA air traffic control facility or FAA flight service station at least 5 minutes before the jumping activity is to begin, for the purpose of receiving information in the aircraft about known air traffic in the vicinity of the jumping activity; and
c. The information described in paragraph A.1.b of this section has been received by the pilot in command and the jumpers in that flight; and
2. The pilot in command of an aircraft used for any jumping activity in or into controlled airspace shall, during each flight:
a. Maintain or have maintained a continuous watch on the appropriate frequency of the aircraft’s radio communications system from the time radio communications are first established between the aircraft and ATC, until he advises ATC that the jumping activity is ended from that flight; and
b. Advise ATC that the jumping activity is ended for that flight when the last parachute jumper from the aircraft reaches the ground.
B. If, during any flight, the required radio communications system is or becomes inoperative, any jumping activity from the aircraft in or into controlled airspace shall be abandoned. However, if the communications system becomes inoperative in flight after receipt of a required ATC authorization, the jumping activity from that flight may be continued.
[Amdt. 105-2, 31 FR 16612, Dec. 29, 1966]
Sec 105.15 Jumps over or into congested areas or open air assembly of persons
A. No person may make a parachute jump, and no pilot in command of an aircraft may allow a parachute jump to be made from that aircraft, over or into a congested area of a city, town, or settlement, or an open air assembly of person unless a certificate of authorization for that jump has been issued under this section. However, a parachutist may drift over that congested area or open air assembly with a fully deployed and properly functioning parachute if he is at a sufficient altitude to avoid creating a hazard to persons and property on the ground.
B. An application for a certificate of authorization issued under this section is made in a form and in a manner prescribed by the Administrator and must be submitted to the FAA Flight Standards District Office having jurisdiction over the area in which the parachute jump is to be made, at least 4 days before the day of that jump.
C. Each holder of a certificate of authorization issued under this section shall present that certificate for inspection upon the request of the Administrator, or any Federal, State, or local official.
[Doc. No. 1491, 27 FR 11636, Nov. 27, 1962, as amended by Doc. No. 4057, Amdt. 105-1, 29 FR 14920, Nov. 4, 1964; Amdt. 105-7, 43 FR 22641, May 25, 1978]
Sec 105.17 Jumps over or onto airports
Unless prior approval has been given by the airport management, no person may make a parachute jump, and no pilot in command of an aircraft may allow a parachute jump to be made from that aircraft:
A. Over an airport that does not have a functioning control tower operated by the United States; or
B. Onto any airport. However, a parachutist may drift over that airport with a fully deployed and properly functioning parachute if he is at least 2,000 feet above that airport’s traffic pattern, and avoids creating a hazard to air traffic or to persons and property on the ground.
[Doc. No. 4057, Amdt. 105-1, 29 FR 14920, Nov. 4, 1964]
Sec 105.19 Jumps in or into Class A, Class B, Class C, and Class D airspace
A. No person may make a parachute jump, and no pilot in command may allow a parachute jump to be made from that aircraft, in or into Class A, Class B, Class C, and Class D airspace without, or in violation of, the terms of an ATC authorization issued under this section.
B. Each request for an authorization under this section must be submitted to the nearest FAA air traffic control facility or FAA flight service station and must include the information prescribed by Sec. 105.25A.
[Effective Date Note: Amdt. 105-10, 56 FR 65663, Dec. 17, 1991, revised Sec. 105.19 effective September 16, 1993.]
Sec 105.23 Jumps in or into other airspace
A. No person may make a parachute jump, and no pilot in command of an aircraft may allow a parachute jump to be made from that aircraft, in or into airspace unless the nearest FAA air traffic control facility or FAA flight service station was notified of that jump at least 1 hour before the jump is to be made, but not more than 24 hours before the jumping is to be completed, and the notice contained the information prescribed in section 105.25A.
B. Notwithstanding paragraph A of this section, ATC may accept from a parachute jumping organization a written notification of a scheduled series of jumps to be made over a stated period of time not longer than 12 calendar months. The notification must contain the information prescribed by section 105.25A, identify the responsible persons associated with that jumping activity, and be submitted at least 15 days, but not more than 30 days, before the jumping is to begin. ATC may revoke the acceptance of the notification for any failure of the jumping organization to comply with its terms.
C. This section does not apply to parachute jumps in or into any airspace or place described in section 105.15, section 105.19, or section 105.21.
[Amdt. 105-2, 31 FR 16612, Dec. 29, 1966]
Sec 105.25 Information required, and notice of cancellation or postponement of jump
A. Each person requesting an authorization under section 105.19 or section 105.21, and each person submitting a notice under section 105.23, must include the following information (on an individual or group basis) in that request or notice:
1. The date and time jumping will begin.
2. The size of the jump zone expressed in nautical mile radius around the target.
3. The location of the center of the jump zone in relation to—
a. The nearest (VOR) facility in terms of the VOR radial on which it is located, and its distance in nautical miles from the VOR facility when that facility is 30 nautical miles or less from the drop zone target; or
b. The nearest airport, town, or city depicted on the appropriate Coast and Geodetic Survey WAC or Sectional Aeronautical chart, when the nearest VOR facility is more than 30 nautical miles from the drop zone target.
4. The altitudes above mean sea level at which jumping will take place.
5. The duration of the intended jump.
6. The name, address, and telephone number of the person requesting the authorization or giving notice.
7. The identification of the aircraft to be used.
8. The radio frequencies, if any, available in the aircraft.
B. Each person requesting an authorization under section 105.19 or section 105.21, and each person submitting a notice under section 105.23, must promptly notify the FAA air traffic control facility or FAA flight service station from which it requested authorization or which it notified, if the proposed or scheduled jumping activity is canceled or postponed.
[Amdt. 105-2, 31 FR 16612, Dec. 29, 1966, as amended by Amdt. 105-6, 41 FR 47229, Oct. 28, 1976; Amdt. 105-9, 51 FR 21907, June 17, 1986]
Sec 105.27 Jumps over or within restricted or prohibited areas
No person may make a parachute jump, and no pilot in command may allow a parachute jump to be made from that aircraft, over or within a restricted area or prohibited area unless the controlling agency of the area concerned has authorized that jump.
Sec. 105.29 Flight visibility and clearance from clouds requirements
No person may make a parachute jump, and no pilot in command of an aircraft may allow a parachute jump to be made from that aircraft:
A. Into or through a cloud; or
B. When the flight visibility is less, or at a distance from clouds that is less, than that prescribed in the following table:
Altitude Flight Visibility Distance from clouds
(statute miles)
1,200 feet 3 500 feet below or less 1,000 feet above
above the 2,000 feet horizontal surface regardless
of the MSL
altitude
More than 3 500 feet below
1,200 feet 1,000 above
above the 2,000 feet horizontal
surface but
less than
10,000 feet
MSL
More than 5 1,000 feet below 1,200 feet 1,000 feet
above the 1 mile horizontal
surface and at
or above
10,000 feet
MSL
[Amdt. 105-5, 36 FR 8775, May 13, 1971]
Sec 105.33 Parachute jumps between sunset and sunrise
A. No person may make a parachute jump, and no pilot in command of an aircraft may allow any person to make a parachute jump from that aircraft, between sunset and sunrise, unless that person is equipped with a means of producing a light visible for at least 3 statute miles.
B. Each person making a parachute jump between sunset and sunrise shall display the light required by paragraph A of this section from the time that person exits the aircraft until that person reaches the surface.
[Amdt. 105-7, 43 FR 22641, May 25, 1978]
Sec 105.35 Liquor and drugs
No person may make a parachute jump while, and no pilot in command of an aircraft may allow a person to make a parachute jump from that aircraft if that person appears to be:
A. Under the influence of intoxicating liquor; or
B. Using any drug that affects his faculties in any way contrary to safety.
Sec 105.37 Inspections
The Administrator may inspect (including inspections at the jump site), any parachute jump operation to which this part applies, to determine compliance with the regulations of this part.
Subpart C—Parachute Equipment
Sec 105.41 Applicability
A. Except as provided in paragraph B of this section, this subpart prescribes rules governing parachute equipment used in parachute jumps to which this part applies.
B. This subpart does not apply to a parachute jump made by a member of an Armed Force using parachute equipment of an Armed Force.
Sec 105.43 Parachute equipment and packing requirements
A. No person may make a parachute jump, and no pilot in command of an aircraft may allow any person to make a parachute jump from that aircraft, unless that person is wearing a single harness dual parachute pack, having at least one main parachute and one approved auxiliary parachute that are packed as follows:
1. The main parachute must have been packed by a certificated parachute rigger, or by the person making the jump, within 120 days before the date of its use.
2. The auxiliary must have been packed by a certified and appropriately rated parachute rigger:
a. Within 120 days before the date of use, if its canopy, shroud, and harness are composed exclusively of nylon, rayon, or other similar synthetic fiber or material that is substantially resistant to damage from mold, mildew, or other fungi and other rotting agents propagated in a moist environment; or
b. Within 60 days before the date of use, if it is composed in any amount of silk, pongee, or other natural fiber, or material not specified in paragraph A.2.a of this section.
B. No person may make a parachute jump using a static line attached to the aircraft and the main parachute unless an assist device, described and attached as follows, is used to aid the pilot chute in performing its function, or, if no pilot chute is used, to aid in the direct deployment of the main parachute canopy.
1. The assist device must be long enough to allow the container to open before a load is placed on the device.
2. The assist device must have a static load strength of:
a. At least 28 pounds but not more than 160 pounds, if it is used to aid the pilot chute in performing its function; or
b. At least 56 pounds but not more than 320 pounds, if it is used to aid in the direct deployment of the main parachute canopy.
3. The assist device must be attached:
a. At one end, to the static line above the static line pins, or, if static pins are not used, above the static line ties to the parachute cone; and
b. At the other end, to the pilot chute apex, bridle cord or bridle loop, or, if no pilot chute is used, to the main parachute canopy.
C. No person may attach an assist device required by paragraph B of this section to any main parachute unless he has a current parachute rigger certificate issued under Part 65 of this chapter or is the person who makes the jump with that parachute.
D. For the purpose of this section, an "approved" parachute is:
1. A parachute manufactured under a type certificate or a technical standard order (C-23 series); or
2. A personnel-carrying military parachute (other than a high altitude, high-speed, or ejection kind) identified by an NAF, AAF, or AN drawing number, an AAF order number, or any other military designation or specification number.
[Doc. No. 1491, 27 FR 11636, Nov. 27, 1962 as amended by Amdt. 105-3, 33 FR 8481 June 8, 1968; Amdt. 105-7, 43 FR 22641, May 25, 1978]