title-14-part-91-sec91-317

734

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;

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735

Federal Aviation Administration, DOT

§ 91.319

(5) Flight checking of instruments,

accessories, and equipment that do not
affect the basic airworthiness of the
aircraft; or

(6) Service testing of the aircraft.
(e) Each person operating a provi-

sionally certificated civil aircraft shall
operate within the prescribed limita-
tions displayed in the aircraft or set
forth in the provisional aircraft flight
manual or other appropriate document.
However, when operating in direct con-
junction with the type or supplemental
type certification of the aircraft, that
person shall operate under the experi-
mental aircraft limitations of § 21.191 of
this chapter and when flight testing,
shall operate under the requirements of
§ 91.305 of this part.

(f) Each person operating a provision-

ally certificated civil aircraft shall es-
tablish approved procedures for—

(1) The use and guidance of flight and

ground personnel in operating under
this section; and

(2) Operating in and out of airports

where takeoffs or approaches over pop-
ulated areas are necessary. No person
may operate that aircraft except in
compliance with the approved proce-
dures.

(g) Each person operating a provi-

sionally certificated civil aircraft shall
ensure that each flight crewmember is
properly certificated and has adequate
knowledge of, and familiarity with, the
aircraft and procedures to be used by
that crewmember.

(h) Each person operating a provi-

sionally certificated civil aircraft shall
maintain it as required by applicable
regulations and as may be specially
prescribed by the Administrator.

(i) Whenever the manufacturer, or

the Administrator, determines that a
change in design, construction, or oper-
ation is necessary to ensure safe oper-
ation, no person may operate a provi-
sionally certificated civil aircraft until
that change has been made and ap-
proved. Section 21.99 of this chapter ap-
plies to operations under this section.

(j) Each person operating a provision-

ally certificated civil aircraft—

(1) May carry in that aircraft only

persons who have a proper interest in
the operations allowed by this section
or who are specifically authorized by

both the manufacturer and the Admin-
istrator; and

(2) Shall advise each person carried

that the aircraft is provisionally cer-
tificated.

(k) The Administrator may prescribe

additional limitations or procedures
that the Administrator considers nec-
essary, including limitations on the
number of persons who may be carried
in the aircraft.

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

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–212, 54 FR 39293, Sept.
25, 1989; Docket FAA–2018–0119, Amdt. 91–350,
83 FR 9171, Mar. 5, 2018]

§ 91.319

Aircraft having experimental

certificates: Operating limitations.

(a) No person may operate an aircraft

that has an experimental certificate—

(1) For other than the purpose for

which the certificate was issued; or

(2) Carrying persons or property for

compensation or hire.

(b) No person may operate an aircraft

that has an experimental certificate
outside of an area assigned by the Ad-
ministrator until it is shown that—

(1) The aircraft is controllable

throughout its normal range of speeds
and throughout all the maneuvers to
be executed; and

(2) The aircraft has no hazardous op-

erating characteristics or design fea-
tures.

the Administrator in special operating
limitations, no person may operate an
aircraft that has an experimental cer-
tificate over a densely populated area
or in a congested airway. The Adminis-
trator may issue special operating lim-
itations for particular aircraft to per-
mit takeoffs and landings to be con-
ducted over a densely populated area or
in a congested airway, in accordance
with terms and conditions specified in
the authorization in the interest of
safety in air commerce.

(d) Each person operating an aircraft

that has an experimental certificate
shall—

(1) Advise each person carried of the

experimental nature of the aircraft;

(2) Operate under VFR, day only, un-

less otherwise specifically authorized
by the Administrator; and