title-14-part-91-sec91-113

691

Federal Aviation Administration, DOT

§ 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.

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692

14 CFR Ch. I (1–1–24 Edition)

§ 91.115

(e)

Approaching head-on. When air-

craft are approaching each other head-
on, or nearly so, each pilot of each air-
craft 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, ex-
cept that they shall not take advan-
tage 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.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–282, 69 FR 44880, July
27, 2004]

§ 91.115

Right-of-way rules: Water op-

erations.

(a)

General. Each person operating an

aircraft on the water shall, insofar as
possible, keep clear of all vessels and
avoid impeding their navigation, and
shall give way to any vessel or other
aircraft that is given the right-of-way
by any rule of this section.

(b)

Crossing. When aircraft, or an air-

craft and a vessel, are on crossing
courses, the aircraft or vessel to the
other’s right has the right-of-way.

(c)

Approaching head-on. When air-

craft, or an aircraft and a vessel, are
approaching head-on, or nearly so, each
shall alter its course to the right to
keep well clear.

(d)

Overtaking. Each aircraft or vessel

that is being overtaken has the right-
of-way, and the one overtaking shall
alter course to keep well clear.

(e)

Special circumstances. When air-

craft, or an aircraft and a vessel, ap-
proach so as to involve risk of colli-
sion, each aircraft or vessel shall pro-
ceed with careful regard to existing
circumstances, including the limita-
tions of the respective craft.

§ 91.117

Aircraft speed.

(a) Unless otherwise authorized by

the Administrator, no person may op-
erate an aircraft below 10,000 feet MSL
at an indicated airspeed of more than
250 knots (288 m.p.h.).

(b) Unless otherwise authorized or re-

quired by ATC, no person may operate
an aircraft at or below 2,500 feet above
the surface within 4 nautical miles of
the primary airport of a Class C or
Class D airspace area at an indicated
airspeed of more than 200 knots (230
mph.). This paragraph (b) does not
apply to any operations within a Class
B airspace area. Such operations shall
comply with paragraph (a) of this sec-
tion.

in the airspace underlying a Class B
airspace area designated for an airport
or in a VFR corridor designated
through such a Class B airspace area,
at an indicated airspeed of more than
200 knots (230 mph).

(d) If the minimum safe airspeed for

any particular operation is greater
than the maximum speed prescribed in
this section, the aircraft may be oper-
ated at that minimum speed.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Amdt. 91–219, 55 FR 34708, Aug.
24, 1990; Amdt. 91–227, 56 FR 65657, Dec. 17,
1991; Amdt. 91–233, 58 FR 43554, Aug. 17, 1993]

§ 91.119

Minimum safe altitudes: Gen-

eral.

Except when necessary for takeoff or

landing, no person may operate an air-
craft below the following altitudes:

(a)

Anywhere. An altitude allowing, if

a power unit fails, an emergency land-
ing without undue hazard to persons or
property on the surface.

(b)

Over congested areas. Over any

congested area of a city, town, or set-
tlement, 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 pop-
ulated areas. In those cases, the air-
craft may not be operated closer than
500 feet to any person, vessel, vehicle,
or structure.