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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688 

14 CFR Ch. I (1–1–24 Edition) 

§ 91.25 

part 135 of this chapter having author-
ity to engage in on-demand operations 
with large aircraft. 

(2) To a contract of conditional sale, 

when the aircraft involved has not been 
registered anywhere prior to the execu-
tion of the contract, except as a new 
aircraft under a dealer’s aircraft reg-
istration certificate issued in accord-
ance with § 47.61 of this chapter. 

(c) No person may operate a large 

civil aircraft of U.S. registry that is 
subject to a lease or contract of condi-
tional sale to which paragraph (a) of 
this section applies, unless— 

(1) The lessee or conditional buyer, or 

the registered owner if the lessee is not 
a citizen of the United States, has 
mailed a copy of the lease or contract 
that complies with the requirements of 
paragraph (a) of this section, within 24 
hours of its execution, to the Aircraft 
Registration Branch, Attn: Technical 
Section, P.O. Box 25724, Oklahoma 
City, OK 73125; 

(2) A copy of the lease or contract 

that complies with the requirements of 
paragraph (a) of this section is carried 
in the aircraft. The copy of the lease or 
contract shall be made available for re-
view upon request by the Adminis-
trator, and 

(3) The lessee or conditional buyer, or 

the registered owner if the lessee is not 
a citizen of the United States, has noti-
fied by telephone or in person the re-
sponsible Flight Standards office. Un-
less otherwise authorized by that of-
fice, the notification shall be given at 
least 48 hours before takeoff in the case 
of the first flight of that aircraft under 
that lease or contract and inform the 
FAA of— 

(i) The location of the airport of de-

parture; 

(ii) The departure time; and 
(iii) The registration number of the 

aircraft involved. 

(d) The copy of the lease or contract 

furnished to the FAA under paragraph 
(c) of this section is commercial or fi-
nancial information obtained from a 
person. It is, therefore, privileged and 
confidential and will not be made 
available by the FAA for public inspec-
tion or copying under 5 U.S.C. 552(b)(4) 
unless recorded with the FAA under 
part 49 of this chapter. 

(e) For the purpose of this section, a 

lease means any agreement by a person 
to furnish an aircraft to another person 
for compensation or hire, whether with 
or without flight crewmembers, other 
than an agreement for the sale of an 
aircraft and a contract of conditional 
sale under section 101 of the Federal 
Aviation Act of 1958. The person fur-
nishing the aircraft is referred to as 
the lessor, and the person to whom it is 
furnished the lessee. 

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

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as 
amended by Amdt. 91–212, 54 FR 39293, Sept. 
25, 1989; Amdt. 91–253, 62 FR 13253, Mar. 19, 
1997; Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; 
Docket FAA–2018–0119, Amdt. 91–350, 83 FR 
9171, Mar. 5, 2018] 

§ 91.25

Aviation Safety Reporting Pro-

gram: Prohibition against use of re-
ports for enforcement purposes. 

The Administrator of the FAA will 

not use reports submitted to the Na-
tional Aeronautics and Space Adminis-
tration under the Aviation Safety Re-
porting Program (or information de-
rived therefrom) in any enforcement 
action except information concerning 
accidents or criminal offenses which 
are wholly excluded from the Program. 

§§ 91.27–91.99

[Reserved] 

Subpart B—Flight Rules 

S

OURCE

: Docket No. 18334, 54 FR 34294, Aug. 

18, 1989, unless otherwise noted. 

G

ENERAL

 

§ 91.101

Applicability. 

This subpart prescribes flight rules 

governing the operation of aircraft 
within the United States and within 12 
nautical miles from the coast of the 
United States. 

§ 91.103

Preflight action. 

Each pilot in command shall, before 

beginning a flight, become familiar 
with all available information con-
cerning that flight. This information 
must include— 

(a) For a flight under IFR or a flight 

not in the vicinity of an airport, 

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