title-14-part-91-sec91-1041

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14 CFR Ch. I (1–1–24 Edition)

§ 91.1039

IFR takeoff, approach and

landing minimums.

(a) No pilot on a program aircraft op-

erating a program flight may begin an
instrument approach procedure to an
airport unless—

(1) Either that airport or the alter-

nate airport has a weather reporting
facility operated by the U.S. National
Weather Service, a source approved by
the U.S. National Weather Service, or a
source approved by the Administrator;
and

(2) The latest weather report issued

by the weather reporting facility in-
cludes a current local altimeter setting
for the destination airport. If no local
altimeter setting is available at the
destination airport, the pilot must ob-
tain the current local altimeter setting
from a source provided by the facility
designated on the approach chart for
the destination airport.

(b) For flight planning purposes, if

the destination airport does not have a
weather reporting facility described in
paragraph (a)(1) of this section, the
pilot must designate as an alternate an
airport that has a weather reporting
facility meeting that criteria.

and visibility landing minimums pre-
scribed in part 97 of this chapter or in
the program manager’s management
specifications are increased by 100 feet
and

⁄

mile respectively, but not to ex-

ceed the ceiling and visibility mini-
mums for that airport when used as an
alternate airport, for each pilot in
command of a turbine-powered aircraft
who has not served at least 100 hours as
pilot in command in that type of air-
craft.

(d) No person may take off an air-

craft under IFR from an airport where
weather conditions are at or above
takeoff minimums but are below au-
thorized IFR landing minimums unless
there is an alternate airport within one
hour’s flying time (at normal cruising
speed, in still air) of the airport of de-
parture.

(e) Except as provided in § 91.176 of

this chapter, each pilot making an IFR
takeoff or approach and landing at an
airport must comply with applicable
instrument approach procedures and
takeoff and landing weather minimums
prescribed by the authority having ju-

risdiction over the airport. In addition,
no pilot may take off at that airport
when the visibility is less than 600 feet,
unless otherwise authorized in the pro-
gram manager’s management specifica-
tions for EFVS operations.

[Docket No. FAA–2001–10047, 68 FR 54561,
Sept. 17, 2003, as amended by Docket FAA–
2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13,
2016]

§ 91.1041

Aircraft proving and valida-

tion tests.

(a) No program manager may permit

the operation of an aircraft, other than
a turbojet aircraft, for which two pilots
are required by the type certification
requirements of this chapter for oper-
ations under VFR, if it has not pre-
viously proved such an aircraft in oper-
ations under this part in at least 25
hours of proving tests acceptable to the
Administrator including—

(1) Five hours of night time, if night

flights are to be authorized;

(2) Five instrument approach proce-

dures under simulated or actual condi-
tions, if IFR flights are to be author-
ized; and

(3) Entry into a representative num-

ber of en route airports as determined
by the Administrator.

(b) No program manager may permit

the operation of a turbojet airplane if
it has not previously proved a turbojet
airplane in operations under this part
in at least 25 hours of proving tests ac-
ceptable to the Administrator includ-
ing—

(1) Five hours of night time, if night

flights are to be authorized;

(2) Five instrument approach proce-

dures under simulated or actual condi-
tions, if IFR flights are to be author-
ized; and

(3) Entry into a representative num-

ber of en route airports as determined
by the Administrator.

passengers in an aircraft during prov-
ing tests, except those needed to make
the tests and those designated by the
Administrator to observe the tests.
However, pilot flight training may be
conducted during the proving tests.

(d) Validation testing is required to

determine that a program manager is
capable of conducting operations safely

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§ 91.1047

and in compliance with applicable reg-
ulatory standards. Validation tests are
required for the following authoriza-
tions:

(1) The addition of an aircraft for

which two pilots are required for oper-
ations under VFR or a turbojet air-
plane, if that aircraft or an aircraft of
the same make or similar design has
not been previously proved or validated
in operations under this part.

(2) Operations outside U.S. airspace.
(3) Class II navigation authoriza-

tions.

(4) Special performance or oper-

ational authorizations.

(e) Validation tests must be accom-

plished by test methods acceptable to
the Administrator. Actual flights may
not be required when an applicant can
demonstrate competence and compli-
ance with appropriate regulations
without conducting a flight.

(f) Proving tests and validation tests

may be conducted simultaneously
when appropriate.

(g) The Administrator may authorize

deviations from this section if the Ad-
ministrator finds that special cir-
cumstances make full compliance with
this section unnecessary.

§ 91.1043

[Reserved]

§ 91.1045

Additional equipment re-

quirements.

No person may operate a program

aircraft on a program flight unless the
aircraft is equipped with the fol-
lowing—

(a) Airplanes having a passenger-seat

configuration of more than 30 seats or
a payload capacity of more than 7,500
pounds:

(1) A cockpit voice recorder as re-

quired by § 121.359 of this chapter as ap-
plicable to the aircraft specified in
that section.

(2) A flight recorder as required by

§ 121.343 or § 121.344 of this chapter as
applicable to the aircraft specified in
that section.

(3) A terrain awareness and warning

system as required by § 121.354 of this
chapter as applicable to the aircraft
specified in that section.

(4) A traffic alert and collision avoid-

ance system as required by § 121.356 of
this chapter as applicable to the air-
craft specified in that section.

(5) Airborne weather radar as re-

quired by § 121.357 of this chapter, as
applicable to the aircraft specified in
that section.

(b) Airplanes having a passenger-seat

configuration of 30 seats or fewer, ex-
cluding each crewmember, and a pay-
load capacity of 7,500 pounds or less,
and any rotorcraft (as applicable):

(1) A cockpit voice recorder as re-

quired by § 135.151 of this chapter as ap-
plicable to the aircraft specified in
that section.

(2) A flight recorder as required by

§ 135.152 of this chapter as applicable to
the aircraft specified in that section.

(3) A terrain awareness and warning

system as required by § 135.154 of this
chapter as applicable to the aircraft
specified in that section.

(4) A traffic alert and collision avoid-

ance system as required by § 135.180 of
this chapter as applicable to the air-
craft specified in that section.

(5) As applicable to the aircraft speci-

fied in that section, either:

(i) Airborne thunderstorm detection

equipment as required by § 135.173 of
this chapter; or

(ii) Airborne weather radar as re-

quired by § 135.175 of this chapter.

§ 91.1047

Drug and alcohol misuse edu-

cation program.

(a) Each program manager must pro-

vide each direct employee performing
flight crewmember, flight attendant,
flight instructor, or aircraft mainte-
nance duties with drug and alcohol
misuse education.

(b) No program manager may use any

contract employee to perform flight
crewmember, flight attendant, flight
instructor, or aircraft maintenance du-
ties for the program manager unless
that contract employee has been pro-
vided with drug and alcohol misuse
education.

to their owners and prospective owners
the existence of a company drug and
alcohol misuse testing program. If the
program manager has implemented a
company testing program, the program
manager’s disclosure must include the
following:

(1) Information on the substances

that they test for, for example, alcohol
and a list of the drugs;