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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