title-14-part-91-sec91-215

724

14 CFR Ch. I (1–1–24 Edition)

§ 91.215

(e) Notwithstanding any other provi-

sion of this section, an aircraft with in-
operable instruments or equipment
may be operated under a special flight
permit issued in accordance with
§§ 21.197 and 21.199 of this chapter.

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54560, Sept.
17, 2003; Amdt. 91–282, 69 FR 44880, July 27,
2004; Docket FAA–2018–0119, Amdt. 91–350, 83
FR 9171, Mar. 5, 2018]

§ 91.215

ATC transponder and altitude

reporting equipment and use.

(a)

All airspace: U.S.-registered civil

aircraft. For operations not conducted
under part 121 or 135 of this chapter,
ATC transponder equipment installed
must meet the performance and envi-
ronmental requirements of any class of
TSO-C74b (Mode A) or any class of
TSO-C74c (Mode A with altitude report-
ing capability) as appropriate, or the
appropriate class of TSO-C112 (Mode S).

(b)

All airspace. Unless otherwise au-

thorized or directed by ATC, and ex-
cept as provided in paragraph (e)(1) of
this section, no person may operate an
aircraft in the airspace described in
paragraphs (b)(1) through (5) of this
section, unless that aircraft is equipped
with an operable coded radar beacon
transponder having either Mode A 4096
code capability, replying to Mode A in-
terrogations with the code specified by
ATC, or a Mode S capability, replying
to Mode A interrogations with the code
specified by ATC and Mode S interroga-
tions in accordance with the applicable
provisions specified in TSO–C112, and
that aircraft is equipped with auto-
matic pressure altitude reporting
equipment having a Mode C capability
that automatically replies to Mode C
interrogations by transmitting pres-
sure altitude information in 100-foot
increments. The requirements of this
paragraph (b) apply to—

(1)

All aircraft. In Class A, Class B,

and Class C airspace areas;

(2)

All aircraft. In all airspace within

30 nautical miles of an airport listed in
appendix D, section 1 of this part from
the surface upward to 10,000 feet MSL;

(3) Notwithstanding paragraph (b)(2)

of this section, any aircraft which was
not originally certificated with an en-
gine-driven electrical system or which
has not subsequently been certified

with such a system installed, balloon
or glider may conduct operations in
the airspace within 30 nautical miles of
an airport listed in appendix D, section
1 of this part provided such operations
are conducted—

(i) Outside any Class A, Class B, or

Class C airspace area; and

(ii) Below the altitude of the ceiling

of a Class B or Class C airspace area
designated for an airport or 10,000 feet
MSL, whichever is lower; and

(4) All aircraft in all airspace above

the ceiling and within the lateral
boundaries of a Class B or Class C air-
space area designated for an airport up-
ward to 10,000 feet MSL; and

(5) All aircraft except any aircraft

which was not originally certificated
with an engine-driven electrical sys-
tem or which has not subsequently
been certified with such a system in-
stalled, balloon, or glider—

(i) In all airspace of the 48 contiguous

states and the District of Columbia at
and above 10,000 feet MSL, excluding
the airspace at and below 2,500 feet
above the surface; and

(ii) In the airspace from the surface

to 10,000 feet MSL within a 10-nautical-
mile radius of any airport listed in ap-
pendix D, section 2 of this part, exclud-
ing the airspace below 1,200 feet outside
of the lateral boundaries of the surface
area of the airspace designated for that
airport.

(c)

Transponder-on operation. Except

as provided in paragraph (e)(2) of this
section, while in the airspace as speci-
fied in paragraph (b) of this section or
in all controlled airspace, each person
operating an aircraft equipped with an
operable ATC transponder maintained
in accordance with § 91.413 shall operate
the transponder, including Mode C
equipment if installed, and shall reply
on the appropriate code or as assigned
by ATC, unless otherwise directed by
ATC when transmitting would jeop-
ardize the safe execution of air traffic
control functions.

(d)

ATC authorized deviations. Re-

quests for ATC authorized deviations
must be made to the ATC facility hav-
ing jurisdiction over the concerned air-
space within the time periods specified
as follows:

(1) For operation of an aircraft with

an operating transponder but without

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§ 91.219

operating automatic pressure altitude
reporting equipment having a Mode C
capability, the request may be made at
any time.

(2) For operation of an aircraft with

an inoperative transponder to the air-
port of ultimate destination, including
any intermediate stops, or to proceed
to a place where suitable repairs can be
made or both, the request may be made
at any time.

(3) For operation of an aircraft that

is not equipped with a transponder, the
request must be made at least one hour
before the proposed operation.

(e)

Unmanned aircraft. (1) The require-

ments of paragraph (b) of this section
do not apply to a person operating an
unmanned aircraft under this part un-
less the operation is conducted under a
flight plan and the person operating
the unmanned aircraft maintains two-
way communication with ATC.

(2) No person may operate an un-

manned aircraft under this part with a
transponder on unless:

(i) The operation is conducted under

a flight plan and the person operating
the unmanned aircraft maintains two-
way communication with ATC; or

(ii) The use of a transponder is other-

wise authorized by the Administrator.

(Approved by the Office of Management and
Budget under control number 2120–0005)

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–221, 56 FR 469, Jan. 4,
1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991;
Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91–
229, 57 FR 34618, Aug. 5, 1992; Amdt. 91–267, 66
FR 21066, Apr. 27, 2001; Amdt. 91–355, 84 FR
34287, July 18, 2019; Amdt. No. 91–361, 86 FR
4512, Jan. 15, 2021; Docket No. FAA–2023–1836;
Amdt. No. 91–371, 88 FR 71476, Oct. 17, 2023]

§ 91.217

Data correspondence between

automatically reported pressure al-
titude data and the pilot’s altitude
reference.

(a) No person may operate any auto-

matic pressure altitude reporting
equipment associated with a radar bea-
con transponder—

(1) When deactivation of that equip-

ment is directed by ATC;

(2) Unless, as installed, that equip-

ment was tested and calibrated to
transmit altitude data corresponding
within 125 feet (on a 95 percent prob-
ability basis) of the indicated or cali-
brated datum of the altimeter nor-

mally used to maintain flight altitude,
with that altimeter referenced to 29.92
inches of mercury for altitudes from
sea level to the maximum operating al-
titude of the aircraft; or

(3) Unless the altimeters and

digitizers in that equipment meet the
standards of TSO-C10b and TSO-C88, re-
spectively.

(b) No person may operate any auto-

matic pressure altitude reporting
equipment associated with a radar bea-
con transponder or with ADS–B Out
equipment unless the pressure altitude
reported for ADS–B Out and Mode C/S
is derived from the same source for air-
craft equipped with both a transponder
and ADS–B Out.

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–314, 75 FR 30193, May
28, 2010]

§ 91.219

Altitude alerting system or de-

vice: Turbojet-powered civil air-
planes.

(a) Except as provided in paragraph

(d) of this section, no person may oper-
ate a turbojet-powered U.S.-registered
civil airplane unless that airplane is
equipped with an approved altitude
alerting system or device that is in op-
erable condition and meets the require-
ments of paragraph (b) of this section.

(b) Each altitude alerting system or

device required by paragraph (a) of this
section must be able to—

(1) Alert the pilot—
(i) Upon approaching a preselected

altitude in either ascent or descent, by
a sequence of both aural and visual sig-
nals in sufficient time to establish
level flight at that preselected alti-
tude; or

(ii) Upon approaching a preselected

altitude in either ascent or descent, by
a sequence of visual signals in suffi-
cient time to establish level flight at
that preselected altitude, and when de-
viating above and below that
preselected altitude, by an aural sig-
nal;

(2) Provide the required signals from

sea level to the highest operating alti-
tude approved for the airplane in which
it is installed;

(3) Preselect altitudes in increments

that are commensurate with the alti-
tudes at which the aircraft is operated;