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14 CFR Ch. I (1–1–24 Edition) 

§ 91.185 

§ 91.185

IFR operations: Two-way 

radio communications failure. 

(a) 

General.  Unless otherwise author-

ized by ATC, each pilot who has two- 
way radio communications failure 
when operating under IFR shall comply 
with the rules of this section. 

(b) 

VFR conditions. If the failure oc-

curs in VFR conditions, or if VFR con-
ditions are encountered after the fail-
ure, each pilot shall continue the flight 
under VFR and land as soon as prac-
ticable. 

(c) 

IFR conditions. If the failure oc-

curs in IFR conditions, or if paragraph 
(b) of this section cannot be complied 
with, each pilot shall continue the 
flight according to the following: 

(1) 

Route. (i) By the route assigned in 

the last ATC clearance received; 

(ii) If being radar vectored, by the di-

rect route from the point of radio fail-
ure to the fix, route, or airway speci-
fied in the vector clearance; 

(iii) In the absence of an assigned 

route, by the route that ATC has ad-
vised may be expected in a further 
clearance; or 

(iv) In the absence of an assigned 

route or a route that ATC has advised 
may be expected in a further clearance, 
by the route filed in the flight plan. 

(2) 

Altitude. At the highest of the fol-

lowing altitudes or flight levels for the 
route segment being flown: 

(i) The altitude or flight level as-

signed in the last ATC clearance re-
ceived; 

(ii) The minimum altitude (con-

verted, if appropriate, to minimum 
flight level as prescribed in § 91.121(c)) 
for IFR operations; or 

(iii) The altitude or flight level ATC 

has advised may be expected in a fur-
ther clearance. 

(3) 

Leave clearance limit. (i) When the 

clearance limit is a fix from which an 
approach begins, commence descent or 
descent and approach as close as pos-
sible to the expect-further-clearance 
time if one has been received, or if one 
has not been received, as close as pos-
sible to the estimated time of arrival 
as calculated from the filed or amended 
(with ATC) estimated time en route. 

(ii) If the clearance limit is not a fix 

from which an approach begins, leave 
the clearance limit at the expect-fur-
ther-clearance time if one has been re-

ceived, or if none has been received, 
upon arrival over the clearance limit, 
and proceed to a fix from which an ap-
proach begins and commence descent 
or descent and approach as close as 
possible to the estimated time of ar-
rival as calculated from the filed or 
amended (with ATC) estimated time en 
route. 

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; 
Amdt. 91–211, 54 FR 41211, Oct. 5, 1989] 

§ 91.187

Operation under IFR in con-

trolled airspace: Malfunction re-
ports. 

(a) The pilot in command of each air-

craft operated in controlled airspace 
under IFR shall report as soon as prac-
tical to ATC any malfunctions of navi-
gational, approach, or communication 
equipment occurring in flight. 

(b) In each report required by para-

graph (a) of this section, the pilot in 
command shall include the— 

(1) Aircraft identification; 
(2) Equipment affected; 
(3) Degree to which the capability of 

the pilot to operate under IFR in the 
ATC system is impaired; and 

(4) Nature and extent of assistance 

desired from ATC. 

§ 91.189

Category II and III operations: 

General operating rules. 

(a) No person may operate a civil air-

craft in a Category II or III operation 
unless— 

(1) The flight crew of the aircraft 

consists of a pilot in command and a 
second in command who hold the ap-
propriate authorizations and ratings 
prescribed in § 61.3 of this chapter; 

(2) Each flight crewmember has ade-

quate knowledge of, and familiarity 
with, the aircraft and the procedures to 
be used; and 

(3) The instrument panel in front of 

the pilot who is controlling the aircraft 
has appropriate instrumentation for 
the type of flight control guidance sys-
tem that is being used. 

(b) Unless otherwise authorized by 

the Administrator, no person may op-
erate a civil aircraft in a Category II or 
Category III operation unless each 
ground component required for that op-
eration and the related airborne equip-
ment is installed and operating. 

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