687 

Federal Aviation Administration, DOT 

§ 91.23 

may be used as evidence in any legal 
proceeding under section 602, 609, or 901 
of the Federal Aviation Act of 1958. 

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as 
amended by Amdt. 91–291, June 21, 2006] 

§ 91.19

Carriage of narcotic drugs, 

marihuana, and depressant or stim-
ulant drugs or substances. 

(a) Except as provided in paragraph 

(b) of this section, no person may oper-
ate a civil aircraft within the United 
States with knowledge that narcotic 
drugs, marihuana, and depressant or 
stimulant drugs or substances as de-
fined in Federal or State statutes are 
carried in the aircraft. 

(b) Paragraph (a) of this section does 

not apply to any carriage of narcotic 
drugs, marihuana, and depressant or 
stimulant drugs or substances author-
ized by or under any Federal or State 
statute or by any Federal or State 
agency. 

§ 91.21

Portable electronic devices. 

(a) Except as provided in paragraph 

(b) of this section, no person may oper-
ate, nor may any operator or pilot in 
command of an aircraft allow the oper-
ation of, any portable electronic device 
on any of the following U.S.-registered 
civil aircraft: 

(1) Aircraft operated by a holder of 

an air carrier operating certificate or 
an operating certificate; or 

(2) Any other aircraft while it is op-

erated under IFR. 

(b) Paragraph (a) of this section does 

not apply to— 

(1) Portable voice recorders; 
(2) Hearing aids; 
(3) Heart pacemakers; 
(4) Electric shavers; or 
(5) Any other portable electronic de-

vice that the operator of the aircraft 
has determined will not cause inter-
ference with the navigation or commu-
nication system of the aircraft on 
which it is to be used. 

(c) In the case of an aircraft operated 

by a holder of an air carrier operating 
certificate or an operating certificate, 
the determination required by para-
graph (b)(5) of this section shall be 
made by that operator of the aircraft 
on which the particular device is to be 
used. In the case of other aircraft, the 
determination may be made by the 

pilot in command or other operator of 
the aircraft. 

§ 91.23

Truth-in-leasing clause require-

ment in leases and conditional sales 
contracts. 

(a) Except as provided in paragraph 

(b) of this section, the parties to a 
lease or contract of conditional sale in-
volving a U.S.-registered large civil 
aircraft and entered into after January 
2, 1973, shall execute a written lease or 
contract and include therein a written 
truth-in-leasing clause as a concluding 
paragraph in large print, immediately 
preceding the space for the signature of 
the parties, which contains the fol-
lowing with respect to each such air-
craft: 

(1) Identification of the Federal Avia-

tion Regulations under which the air-
craft has been maintained and in-
spected during the 12 months preceding 
the execution of the lease or contract 
of conditional sale, and certification by 
the parties thereto regarding the air-
craft’s status of compliance with appli-
cable maintenance and inspection re-
quirements in this part for the oper-
ation to be conducted under the lease 
or contract of conditional sale. 

(2) The name and address (printed or 

typed) and the signature of the person 
responsible for operational control of 
the aircraft under the lease or contract 
of conditional sale, and certification 
that each person understands that per-
son’s responsibilities for compliance 
with applicable Federal Aviation Regu-
lations. 

(3) A statement that an explanation 

of factors bearing on operational con-
trol and pertinent Federal Aviation 
Regulations can be obtained from the 
responsible Flight Standards office. 

(b) The requirements of paragraph (a) 

of this section do not apply— 

(1) To a lease or contract of condi-

tional sale when— 

(i) The party to whom the aircraft is 

furnished is a foreign air carrier or cer-
tificate holder under part 121, 125, 135, 
or 141 of this chapter, or 

(ii) The party furnishing the aircraft 

is a foreign air carrier or a person oper-
ating under part 121, 125, and 141 of this 
chapter, or a person operating under 

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