title-14-part-91-sec91-109

690

14 CFR Ch. I (1–1–24 Edition)

§ 91.109

(A) The child is accompanied by a

parent, guardian, or attendant des-
ignated by the child’s parent or guard-
ian 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 ap-

proved child restraint system bears one
or more labels as follows:

(

1) Seats manufactured to U.S. stand-

ards between January 1, 1981, and Feb-
ruary 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. stand-

ards on or after February 26, 1985, must
bear two labels:

(

i) ‘‘This child restraint system con-

forms to all applicable Federal motor
vehicle safety standards’’; and

(

ii) ‘‘THIS RESTRAINT IS CER-

TIFIED FOR USE IN MOTOR VEHI-
CLES AND AIRCRAFT’’ in red let-
tering;

(

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 Na-
tions;

(

iii) That the seat or child restraint

device furnished by the operator was
approved by the FAA through Type
Certificate or Supplemental Type Cer-
tificate; or

(

iv) That the seat or child restraint

device furnished by the operator, or
one of the persons described in para-
graph (a)(3)(iii)(A) of this section, was
approved by the FAA in accordance
with § 21.8(d) of this chapter or Tech-
nical 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 har-
ness-type child restraint systems, and

lap held child restraints are not ap-
proved for use in aircraft; and

following requirements:

(

1) The restraint system must be

properly secured to an approved for-
ward-facing seat or berth;

(

2) The child must be properly se-

cured 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 sec-

tion does not apply to operations con-
ducted under part 121, 125, or 135 of this
chapter. Paragraph (a)(3) of this sec-
tion does not apply to persons subject
to § 91.105.

[Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as
amended by Amdt. 91–250, 61 FR 28421, June
4, 1996; Amdt. 91–289, 70 FR 50906, Aug. 26,
2005; Amdt. 91–292, 71 FR 40009, July 14, 2006;
Amdt. 91–317, 75 FR 48857, Aug. 12, 2010;
Amdt. 91–332, 79 FR 28812, May 20, 2014]

§ 91.109

Flight instruction; Simulated

instrument flight and certain flight
tests.

(a) No person may operate a civil air-

craft (except a manned free balloon)
that is being used for flight instruction
unless that aircraft has fully func-
tioning dual controls. However, instru-
ment flight instruction may be given
in an airplane that is equipped with a
single, functioning throwover control
wheel that controls the elevator and
ailerons, in place of fixed, dual con-
trols, when—

(1) The instructor has determined

that the flight can be conducted safely;
and

(2) The person manipulating the con-

trols has at least a private pilot certifi-
cate with appropriate category and
class ratings.

(b) An airplane equipped with a sin-

gle, functioning throwover control
wheel that controls the elevator and
ailerons, in place of fixed, dual controls
may be used for flight instruction to
conduct a flight review required by
§ 61.56 of this chapter, or to obtain re-
cent flight experience or an instrument
proficiency check required by § 61.57
when—

(1) The airplane is equipped with op-

erable rudder pedals at both pilot sta-
tions;

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§ 91.113

(2) The pilot manipulating the con-

trols is qualified to serve and serves as
pilot in command during the entire
flight;

(3) The instructor is current and

qualified to serve as pilot in command
of the airplane, meets the requirements
of § 61.195(b), and has logged at least 25
hours of pilot-in-command flight time
in the make and model of airplane; and

(4) The pilot in command and the in-

structor have determined the flight can
be conducted safely.

craft in simulated instrument flight
unless—

(1) The other control seat is occupied

by a safety pilot who possesses at least:

(i) A private pilot certificate with

category and class ratings appropriate
to the aircraft being flown; or

(ii) For purposes of providing train-

ing for a solo cross-country endorse-
ment under § 61.93 of this chapter, a
flight instructor certificate with an ap-
propriate sport pilot rating and meets
the requirements of § 61.412 of this
chapter.

(2) The safety pilot has adequate vi-

sion forward and to each side of the
aircraft, or a competent observer in the
aircraft adequately supplements the vi-
sion of the safety pilot; and

(3) Except in the case of lighter-than-

air aircraft, that aircraft is equipped
with fully functioning dual controls.
However, simulated instrument flight
may be conducted in a single-engine
airplane, equipped with a single, func-
tioning, throwover control wheel, in
place of fixed, dual controls of the ele-
vator and ailerons, when—

(i) The safety pilot has determined

that the flight can be conducted safely;
and

(ii) The person manipulating the con-

trols has at least a private pilot certifi-
cate with appropriate category and
class ratings.

(d) No person may operate a civil air-

craft that is being used for a flight test
for an airline transport pilot certifi-
cate or a class or type rating on that
certificate, or for a part 121 proficiency
flight test, unless the pilot seated at
the controls, other than the pilot being

checked, is fully qualified to act as
pilot in command of the aircraft.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–324, 76 FR 54107, Aug.
31, 2011; Amdt. 61–142, 83 FR 30281, June 27,
2018]

§ 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 arrange-
ment with the pilot in command of
each aircraft in the formation.

craft, 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 air-
craft on water.

(b)

General. When weather conditions

permit, regardless of whether an oper-
ation is conducted under instrument
flight rules or visual flight rules, vigi-
lance shall be maintained by each per-
son 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 ap-
proximately 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 cat-
egories—

(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, powered parachute, weight-
shift-control aircraft, airplane, or
rotorcraft.

(3) An airship has the right-of-way

over a powered parachute, weight-shift-
control aircraft, airplane, or rotor-
craft.

However, an aircraft towing or re-

fueling other aircraft has the right-of-
way over all other engine-driven air-
craft.