title-14-part-91-sec91-313

733

Federal Aviation Administration, DOT

§ 91.313

strength greater, but not more than 25
percent greater, than that of the safety
link at the towed glider or unpowered
ultralight vehicle end of the towline
and not greater than twice the max-
imum certificated operating weight of
the glider or unpowered ultralight ve-
hicle;

(4) Before conducting any towing op-

eration within the lateral boundaries
of the surface areas of Class B, Class C,
Class D, or Class E airspace designated
for an airport, or before making each
towing flight within such controlled
airspace if required by ATC, the pilot
in command notifies the control tower.
If a control tower does not exist or is
not in operation, the pilot in command
must notify the FAA flight service sta-
tion serving that controlled airspace
before conducting any towing oper-
ations in that airspace; and

(5) The pilots of the towing aircraft

and the glider or unpowered ultralight
vehicle have agreed upon a general
course of action, including takeoff and
release signals, airspeeds, and emer-
gency procedures for each pilot.

(b) No pilot of a civil aircraft may in-

tentionally release a towline, after re-
lease of a glider or unpowered ultra-
light vehicle, in a manner that endan-
gers the life or property of another.

[Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–227, 56 FR 65661, Dec.
17, 1991; Amdt. 91–282, 69 FR 44880, July 27,
2004]

§ 91.311

Towing: Other than under

§ 91.309.

No pilot of a civil aircraft may tow

anything with that aircraft (other than
under § 91.309) except in accordance
with the terms of a certificate of waiv-
er issued by the Administrator.

§ 91.313

Restricted category civil air-

craft: Operating limitations.

(a) No person may operate a re-

stricted category civil aircraft—

(1) For other than the special purpose

for which it is certificated; or

(2) In an operation other than one

necessary to accomplish the work ac-
tivity directly associated with that
special purpose.

(b) For the purpose of paragraph (a)

of this section, the following oper-
ations are considered necessary to ac-

complish the work activity directly as-
sociated with a special purpose oper-
ation:

(1) Flights conducted for flight crew-

member training in a special purpose
operation for which the aircraft is cer-
tificated.

(2) Flights conducted to satisfy pro-

ficiency check and recent flight experi-
ence requirements under part 61 of this
chapter provided the flight crew-
member holds the appropriate cat-
egory, class, and type ratings and is
employed by the operator to perform
the appropriate special purpose oper-
ation.

(3) Flights conducted to relocate the

aircraft for delivery, repositioning, or
maintenance.

stricted category civil aircraft car-
rying persons or property for com-
pensation or hire. For the purposes of
this paragraph (c), a special purpose
operation involving the carriage of per-
sons or material necessary to accom-
plish that operation, such as crop dust-
ing, seeding, spraying, and banner tow-
ing (including the carrying of required
persons or material to the location of
that operation), an operation for the
purpose of providing flight crew-
member training in a special purpose
operation, and an operation conducted
under the authority provided in para-
graph (h) of this section are not consid-
ered to be the carriage of persons or
property for compensation or hire.

(d) No person may be carried on a re-

stricted category civil aircraft unless
that person—

(1) Is a flight crewmember;
(2) Is a flight crewmember trainee;
(3) Performs an essential function in

connection with a special purpose oper-
ation for which the aircraft is certifi-
cated;

(4) Is necessary to accomplish the

work activity directly associated with
that special purpose; or

(5) Is necessary to accomplish an op-

eration under paragraph (h) of this sec-
tion.

(e) Except when operating in accord-

ance with the terms and conditions of

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14 CFR Ch. I (1–1–24 Edition)

§ 91.315

a certificate of waiver or special oper-
ating limitations issued by the Admin-
istrator, no person may operate a re-
stricted category civil aircraft within
the United States—

(1) Over a densely populated area;
(2) In a congested airway; or
(3) Near a busy airport where pas-

senger transport operations are con-
ducted.

(f) This section does not apply to

nonpassenger-carrying civil rotorcraft
external-load operations conducted
under part 133 of this chapter.

(g) No person may operate a small re-

stricted-category civil airplane manu-
factured after July 18, 1978, unless an
approved shoulder harness or restraint
system is installed for each front seat.
The shoulder harness or restraint sys-
tem installation at each flightcrew sta-
tion must permit the flightcrew mem-
ber, when seated and with the safety
belt and shoulder harness fastened or
the restraint system engaged, to per-
form all functions necessary for flight
operation. For purposes of this para-
graph—

(1) The date of manufacture of an air-

plane is the date the inspection accept-
ance records reflect that the airplane is
complete and meets the FAA-approved
type design data; and

(2) A front seat is a seat located at a

flight crewmember station or any seat
located alongside such a seat.

(h)(1) An operator may apply for de-

viation authority from the provisions
of paragraph (a) of this section to con-
duct operations for the following pur-
poses:

(i) Flight training and the practical

test for issuance of a type rating pro-
vided—

(A) The pilot being trained and tested

holds at least a commercial pilot cer-
tificate with the appropriate category
and class ratings for the aircraft type;

(B) The pilot receiving flight training

is employed by the operator to perform
a special purpose operation; and

by the operator who employs the pilot
to perform a special purpose operation.

(ii) Flights to designate an examiner

or qualify an FAA inspector in the air-
craft type and flights necessary to pro-
vide continuing oversight and evalua-
tion of an examiner.

(2) The FAA will issue this deviation

authority as a letter of deviation au-
thority.

(3) The FAA may cancel or amend a

letter of deviation authority at any
time.

(4) An applicant must submit a re-

quest for deviation authority in a form
and manner acceptable to the Adminis-
trator at least 60 days before the date
of intended operations. A request for
deviation authority must contain a
complete description of the proposed
operation and justification that estab-
lishes a level of safety equivalent to
that provided under the regulations for
the deviation requested.

[Docket No. 18334, 54 FR 34308, Aug. 18, 1989,
as amended by Docket FAA–2015–1621, Amdt.
91–346, 81 FR 96700, Dec. 30, 2016; Amdt. 60–6,
83 FR 30281, June 27, 2018]

§ 91.315

Limited category civil aircraft:

Operating limitations.

No person may operate a limited cat-

egory civil aircraft carrying persons or
property for compensation or hire.

§ 91.317

Provisionally certificated civil

aircraft: Operating limitations.

(a) No person may operate a provi-

sionally certificated civil aircraft un-
less that person is eligible for a provi-
sional airworthiness certificate under
§ 21.213 of this chapter.

(b) No person may operate a provi-

sionally certificated civil aircraft out-
side the United States unless that per-
son has specific authority to do so from
the Administrator and each foreign
country involved.

the Executive Director, Flight Stand-
ards Service, no person may operate a
provisionally certificated civil aircraft
in air transportation.

(d) Unless otherwise authorized by

the Administrator, no person may op-
erate a provisionally certificated civil
aircraft except—

(1) In direct conjunction with the

type or supplemental type certification
of that aircraft;

(2) For training flight crews, includ-

ing simulated air carrier operations;

(3) Demonstration flight by the man-

ufacturer for prospective purchasers;

(4) Market surveys by the manufac-

turer;