title-14-part-91-sec91-9

685

Federal Aviation Administration, DOT

§ 91.9

coast of the United States must com-
ply with §§ 91.1 through 91.21; §§ 91.101
through 91.143; §§ 91.151 through 91.159;
§§ 91.167 through 91.193; § 91.203; § 91.205;
§§ 91.209 through 91.217; § 91.221, § 91.225;
§§ 91.303 through 91.319; §§ 91.323 through
91.327; § 91.605; § 91.609; §§ 91.703 through
91.715; and § 91.903.

on board an aircraft being operated
under this part, unless otherwise speci-
fied.

(d) This part also establishes require-

ments for operators to take actions to
support the continued airworthiness of
each airplane.

(e) This part does not apply to any

aircraft or vehicle governed by part 103
of this chapter, or subparts B, C, or D
of part 101 of this chapter.

(f) Except as provided in §§ 107.13,

107.27, 107.47, 107.57, and 107.59 of this
chapter, this part does not apply to any
aircraft governed by part 107 of this
chapter.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Amdt. 91–257, 64 FR 1079, Jan. 7,
1999; Amdt. 91–282, 69 FR 44880, July 27, 2004;
Amdt. 91–297, 72 FR 63410, Nov. 8, 2007; Amdt.
91–314, 75 FR 30193, May 28, 2010; Docket
FAA–2015–0150, Amdt. 91–343, 81 FR 42208,
June 28, 2016]

§ 91.3

Responsibility and authority of

the pilot in command.

(a) The pilot in command of an air-

craft is directly responsible for, and is
the final authority as to, the operation
of that aircraft.

(b) In an in-flight emergency requir-

ing immediate action, the pilot in com-
mand may deviate from any rule of
this part to the extent required to
meet that emergency.

ates from a rule under paragraph (b) of
this section shall, upon the request of
the Administrator, send a written re-
port of that deviation to the Adminis-
trator.

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

§ 91.5

Pilot in command of aircraft re-

quiring more than one required
pilot.

No person may operate an aircraft

that is type certificated for more than
one required pilot flight crewmember

unless the pilot in command meets the
requirements of § 61.58 of this chapter.

§ 91.7

Civil aircraft airworthiness.

(a) No person may operate a civil air-

craft unless it is in an airworthy condi-
tion.

(b) The pilot in command of a civil

aircraft is responsible for determining
whether that aircraft is in condition
for safe flight. The pilot in command
shall discontinue the flight when un-
airworthy mechanical, electrical, or
structural conditions occur.

§ 91.9

Civil aircraft flight manual,

marking, and placard requirements.

(a) Except as provided in paragraph

(d) of this section, no person may oper-
ate a civil aircraft without complying
with the operating limitations speci-
fied in the approved Airplane or Rotor-
craft Flight Manual, markings, and
placards, or as otherwise prescribed by
the certificating authority of the coun-
try of registry.

(b) No person may operate a U.S.-reg-

istered civil aircraft—

(1) For which an Airplane or Rotor-

craft Flight Manual is required by § 21.5
of this chapter unless there is available
in the aircraft a current, approved Air-
plane or Rotorcraft Flight Manual or
the manual provided for in § 121.141(b);
and

(2) For which an Airplane or Rotor-

craft Flight Manual is not required by
§ 21.5 of this chapter, unless there is
available in the aircraft a current ap-
proved Airplane or Rotorcraft Flight
Manual, approved manual material,
markings, and placards, or any com-
bination thereof.

istered civil aircraft unless that air-
craft is identified in accordance with
part 45 or 48of this chapter.

(d) Any person taking off or landing

a helicopter certificated under part 29
of this chapter at a heliport con-
structed over water may make such
momentary flight as is necessary for
takeoff or landing through the prohib-
ited range of the limiting height-speed
envelope established for the helicopter
if that flight through the prohibited
range takes place over water on which
a safe ditching can be accomplished
and if the helicopter is amphibious or

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§ 91.11

is equipped with floats or other emer-
gency flotation gear adequate to ac-
complish a safe emergency ditching on
open water.

[Docket No. 18334, 54 FR 34292, Aug. 18, 1989,
as amended by ; Docket No. FAA–2022–1355,
Amdt. No. 91–366, 87 FR 75846, Dec. 9, 2022]

§ 91.11

Prohibition on interference

with crewmembers.

No person may assault, threaten, in-

timidate, or interfere with a crew-
member in the performance of the
crewmember’s duties aboard an air-
craft being operated.

§ 91.13

Careless or reckless operation.

(a)

Aircraft operations for the purpose

of air navigation. No person may oper-
ate an aircraft in a careless or reckless
manner so as to endanger the life or
property of another.

(b)

Aircraft operations other than for

the purpose of air navigation. No person
may operate an aircraft, other than for
the purpose of air navigation, on any
part of the surface of an airport used
by aircraft for air commerce (including
areas used by those aircraft for receiv-
ing or discharging persons or cargo), in
a careless or reckless manner so as to
endanger the life or property of an-
other.

§ 91.15

Dropping objects.

No pilot in command of a civil air-

craft may allow any object to be
dropped from that aircraft in flight
that creates a hazard to persons or
property. However, this section does
not prohibit the dropping of any object
if reasonable precautions are taken to
avoid injury or damage to persons or
property.

§ 91.17

Alcohol or drugs.

(a) No person may act or attempt to

act as a crewmember of a civil air-
craft—

(1) Within 8 hours after the consump-

tion of any alcoholic beverage;

(2) While under the influence of alco-

hol;

(3) While using any drug that affects

the person’s faculties in any way con-
trary to safety; or

(4) While having an alcohol con-

centration of 0.04 or greater in a blood
or breath specimen. Alcohol concentra-

tion means grams of alcohol per deci-
liter of blood or grams of alcohol per
210 liters of breath.

(b) Except in an emergency, no pilot

of a civil aircraft may allow a person
who appears to be intoxicated or who
demonstrates by manner or physical
indications that the individual is under
the influence of drugs (except a med-
ical patient under proper care) to be
carried in that aircraft.

lowing:

(1) On request of a law enforcement

officer, submit to a test to indicate the
alcohol concentration in the blood or
breath, when—

(i) The law enforcement officer is au-

thorized under State or local law to
conduct the test or to have the test
conducted; and

(ii) The law enforcement officer is re-

questing submission to the test to in-
vestigate a suspected violation of State
or local law governing the same or sub-
stantially similar conduct prohibited
by paragraph (a)(1), (a)(2), or (a)(4) of
this section.

(2) Whenever the FAA has a reason-

able basis to believe that a person may
have violated paragraph (a)(1), (a)(2), or
(a)(4) of this section, on request of the
FAA, that person must furnish to the
FAA the results, or authorize any clin-
ic, hospital, or doctor, or other person
to release to the FAA, the results of
each test taken within 4 hours after
acting or attempting to act as a crew-
member that indicates an alcohol con-
centration in the blood or breath speci-
men.

(d) Whenever the Administrator has a

reasonable basis to believe that a per-
son may have violated paragraph (a)(3)
of this section, that person shall, upon
request by the Administrator, furnish
the Administrator, or authorize any
clinic, hospital, doctor, or other person
to release to the Administrator, the re-
sults of each test taken within 4 hours
after acting or attempting to act as a
crewmember that indicates the pres-
ence of any drugs in the body.

(e) Any test information obtained by

the Administrator under paragraph (c)
or (d) of this section may be evaluated
in determining a person’s qualifica-
tions for any airman certificate or pos-
sible violations of this chapter and