title-14-part-91-sec91-189

716

14 CFR Ch. I (1–1–24 Edition)

§ 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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Federal Aviation Administration, DOT

§ 91.191

(c)

Authorized DA/DH. For the pur-

pose of this section, when the approach
procedure being used provides for and
requires the use of a DA/DH, the au-
thorized DA/DH is the highest of the
following:

(1) The DA/DH prescribed by the ap-

proach procedure.

(2) The DA/DH prescribed for the

pilot in command.

(3) The DA/DH for which the aircraft

is equipped.

(d) Except as provided in § 91.176 of

this part or unless otherwise author-
ized by the Administrator, no pilot op-
erating an aircraft in a Category II or
Category III approach that provides
and requires the use of a DA/DH may
continue the approach below the au-
thorized decision height unless the fol-
lowing conditions are met:

(1) The aircraft is in a position from

which a descent to a landing on the in-
tended runway can be made at a nor-
mal rate of descent using normal ma-
neuvers, and where that descent rate
will allow touchdown to occur within
the touchdown zone of the runway of
intended landing.

(2) At least one of the following vis-

ual references for the intended runway
is distinctly visible and identifiable to
the pilot:

(i) The approach light system, except

that the pilot may not descend below
100 feet above the touchdown zone ele-
vation using the approach lights as a
reference unless the red terminating
bars or the red side row bars are also
distinctly visible and identifiable.

(ii) The threshold.
(iii) The threshold markings.
(iv) The threshold lights.
(v) The touchdown zone or touch-

down zone markings.

(vi) The touchdown zone lights.
(e) Except as provided in § 91.176 of

this part or unless otherwise author-
ized by the Administrator, each pilot
operating an aircraft shall imme-
diately execute an appropriate missed
approach whenever, prior to touch-
down, the requirements of paragraph
(d) of this section are not met.

(f) No person operating an aircraft

using a Category III approach without
decision height may land that aircraft
except in accordance with the provi-

sions of the letter of authorization
issued by the Administrator.

(g) Paragraphs (a) through (f) of this

section do not apply to operations con-
ducted by certificate holders operating
under part 121, 125, 129, or 135 of this
chapter, or holders of management
specifications issued in accordance
with subpart K of this part. Holders of
operations specifications or manage-
ment specifications may operate a civil
aircraft in a Category II or Category
III operation only in accordance with
their operations specifications or man-
agement specifications, as applicable.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54560, Sept.
17, 2003; Amdt. 91–296, 72 FR 31679, June 7,
2007; Docket FAA–2013–0485, Amdt. 91–345, 81
FR 90175, Dec. 13, 2016]

§ 91.191

Category II and Category III

manual.

(a) Except as provided in paragraph

(c) of this section, after August 4, 1997,
no person may operate a U.S.-reg-
istered civil aircraft in a Category II or
a Category III operation unless—

(1) There is available in the aircraft a

current and approved Category II or
Category III manual, as appropriate,
for that aircraft;

(2) The operation is conducted in ac-

cordance with the procedures, instruc-
tions, and limitations in the appro-
priate manual; and

(3) The instruments and equipment

listed in the manual that are required
for a particular Category II or Cat-
egory III operation have been inspected
and maintained in accordance with the
maintenance program contained in the
manual.

(b) Each operator must keep a cur-

rent copy of each approved manual at
its principal base of operations and
must make each manual available for
inspection upon request by the Admin-
istrator.

erations conducted by a certificate
holder operating under part 121 or part
135 of this chapter or a holder of man-
agement specifications issued in ac-
cordance with subpart K of this part.

[Doc. No. 26933, 61 FR 34560, July 2, 1996, as
amended by Amdt. 91–280, 68 FR 54560, Sept.
17, 2003]