title-14-part-91-sec91-219

725

Federal Aviation Administration, DOT

§ 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;

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§ 91.221

(4) Be tested without special equip-

ment to determine proper operation of
the alerting signals; and

(5) Accept necessary barometric pres-

sure settings if the system or device
operates on barometric pressure. How-
ever, for operation below 3,000 feet
AGL, the system or device need only
provide one signal, either visual or
aural, to comply with this paragraph.
A radio altimeter may be included to
provide the signal if the operator has
an approved procedure for its use to de-
termine DA/DH or MDA, as appro-
priate.

tion applies must establish and assign
procedures for the use of the altitude
alerting system or device and each
flight crewmember must comply with
those procedures assigned to him.

(d) Paragraph (a) of this section does

not apply to any operation of an air-
plane that has an experimental certifi-
cate or to the operation of any airplane
for the following purposes:

(1) Ferrying a newly acquired air-

plane from the place where possession
of it was taken to a place where the al-
titude alerting system or device is to
be installed.

(2) Continuing a flight as originally

planned, if the altitude alerting system
or device becomes inoperative after the
airplane has taken off; however, the
flight may not depart from a place
where repair or replacement can be
made.

(3) Ferrying an airplane with any in-

operative altitude alerting system or
device from a place where repairs or re-
placements cannot be made to a place
where it can be made.

(4) Conducting an airworthiness

flight test of the airplane.

(5) Ferrying an airplane to a place

outside the United States for the pur-
pose of registering it in a foreign coun-
try.

(6) Conducting a sales demonstration

of the operation of the airplane.

(7) Training foreign flight crews in

the operation of the airplane before
ferrying it to a place outside the
United States for the purpose of reg-
istering it in a foreign country.

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–296, 72 FR 31679, June
7, 2007]

§ 91.221

Traffic alert and collision

avoidance system equipment and
use.

(a)

All airspace: U.S.-registered civil

aircraft. Any traffic alert and collision
avoidance system installed in a U.S.-
registered civil aircraft must be ap-
proved by the Administrator.

(b)

Traffic alert and collision avoidance

system, operation required. Each person
operating an aircraft equipped with an
operable traffic alert and collision
avoidance system shall have that sys-
tem on and operating.

§ 91.223

Terrain awareness and warn-

ing system.

(a)

Airplanes manufactured after March

29, 2002. Except as provided in para-
graph (d) of this section, no person may
operate a turbine-powered U.S.-reg-
istered airplane configured with six or
more passenger seats, excluding any
pilot seat, unless that airplane is
equipped with an approved terrain
awareness and warning system that as
a minimum meets the requirements for
Class B equipment in Technical Stand-
ard Order (TSO)–C151.

(b)

Airplanes manufactured on or before

March 29, 2002. Except as provided in
paragraph (d) of this section, no person
may operate a turbine-powered U.S.-
registered airplane configured with six
or more passenger seats, excluding any
pilot seat, after March 29, 2005, unless
that airplane is equipped with an ap-
proved terrain awareness and warning
system that as a minimum meets the
requirements for Class B equipment in
Technical Standard Order (TSO)–C151.

(Approved by the Office of Management and
Budget under control number 2120–0631)

(c)

Airplane Flight Manual. The Air-

plane Flight Manual shall contain ap-
propriate procedures for—

(1) The use of the terrain awareness

and warning system; and

(2) Proper flight crew reaction in re-

sponse to the terrain awareness and
warning system audio and visual warn-
ings.

(d)

Exceptions. Paragraphs (a) and (b)

of this section do not apply to—

(1) Parachuting operations when con-

ducted entirely within a 50 nautical
mile radius of the airport from which
such local flight operations began.