Greg Reigel's Aero Legal Services

Aviation Law Discussions

Subscribe XML

A site devoted to aviation law, safety and security.

February 22, 2007

The 709 Request For Re-Examination

What happens if you are involved in an incident in which your aircraft is damaged, but no one is injured, other than perhaps you and your pride? For example, you forgot to put the landing gear down and you landed your aircraft with the gear up or you didn’t put in enough wind correction and you and your aircraft ended up off the runway. Well, if the FAA finds out, you will quite possibly receive a letter demanding that you appear for the dreaded “709 ride” (formerly known as the "609 ride" under the Federal Aviation Act of 1958).

For more information on the 709 Request for Re-Examination, please read my latest article on the subject here.

Posted by Greg

February 19, 2007

FAA Publishes Procedures For SIC Type Rating

The FAA has published Notice 8000.351 establishing procedures for obtaining an SIC type rating. The Notice explains the SIC type rating requirement and the application and certification procedures the FAA will follow in processing SIC type rating applications. It also includes a question and answer appendix about the SIC type rating. Questions regarding the Notice or the SIC type rating requirements should be directed to the FAA's Certification and General Aviation Operations Branch, AFS-810, at (202) 267-8212.

Posted by Greg

February 16, 2007

National Air Tour Standards Final Rule Published By FAA

On February 13, 2007, the FAA published its National Air Tour Standards Final Rule. The Final Rule sets "safety and oversight rules for a broad variety of sightseeing and commercial air tour flights" and standardizes requirements for air tour operators and consolidates air tour safety standards within FAR Part 136. The Final Rule establishes three covered groups of operators: Group 1-Part 119 certificate holders with authority to conduct commercial air tour flights in accordance with either part 121 or part 135; Group 2-Part 91 operators conducting commercial air tour flights in accordance with the exception contained in section 119.1(e)(2) (also known as the 25-mile exception); and Group 3-Part 91 operators conducting flights for certain charitable, nonprofit,or community events in accordance with the exception contained in § 119.1(e)(2).

Group 2 operators will have to implement a drug and alcohol testing program and their pilots must hold at least a commercial or air transport pilot certificate. These operators will also need to obtain a letter of authorization from the FAA and meet many of the same safety requirements as Group 1 operators under Part 136.

Group 3 operators include operators that fly for charitable events, such as the Young Eagles. The final rule establishes a new FAR 91.146 for charitable, nonprofit, and community event flights. The Final Rule clarifies what operations qualify as charitable, nonprofit and community events. It also limits operations to four charitable and nonprofit events each year and one community event each year and an "event" may not last more than three consecutive days. Although Group 3 operators are exempt from drug and alcohol testing, the operations will still need to meet the safety requirements contained in Part 136. Additionally, pilots conducting these operations will need at least 500 flight hours or a commercial pilot's certificate and the flights will need to remain within 25 statute miles of the airports.

Finally, certain experimental or restricted category aircraft (such as warbirds, vintage or barnstorming aircraft) may still be used under the 25-mile exception, but their operators will continue to need an exemption from the standard airworthiness requirements and to obtain a letter of authorization from the FAA.

The Final Rule is effective March 15, 2007 and operators will have 180 days after that to demonstrate compliance. However, operators will have 18 months to meet the float requirements. If you would like further information regarding the Final Rule, you may contact Alberta Brown, Air Transportation Division, AFS–200, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267–8166; facsimile: (202) 267–8229; e-mail: alberta.brown@faa.gov. For legal information, contact: Bruce Glendening, Operations Law Branch, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202)267–8011; facsimile: (202) 267–7971; email: bruce.glendening@faa.gov.

Posted by Greg

February 07, 2007

FAA Proposes Changes to FAR Parts 61, 91 and 141

The FAA today published a Notice of Proposed Rulemaking ("NPRM") proposing over 200 changes to FAR Parts 61, 91 and 141 regarding Pilot, Flight Instructor and Flight School certification. According to the FAA, the "changes are needed to clarify, update, and correct our existing regulations" and "are intended to ensure that flight crewmembers have the training and qualifications to enable them to operate aircraft safely."

The changes include addition of regulations relating to the use of night vision goggles, addition of definitions and clarifications regarding the words "current" and "valid" as they relate to operations and certifications and a whole host of other amendments and clarifications. As is always the case with a NPRM such as this one containing numerous "technical" amendments, the devil is in the details. Detailed scrutiny of the proposed changes will be required to determine their impact on the existing regulations.

Comments to the NPRM are due no later than May 8, 2007. If you would like further information, you may contact John D. Lynch, Certification and General Aviation Operations Branch, AFS-810, General Aviation and Commercial Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; Telephone No. (202) 267-3844; e-mail john.d.lynch@faa.gov.

Posted by Greg

Aviation Law Discussions - Archives

12/01/2003 - 12/31/2003
01/01/2004 - 01/31/2004
02/01/2004 - 02/29/2004
03/01/2004 - 03/31/2004
04/01/2004 - 04/30/2004
05/01/2004 - 05/31/2004
06/01/2004 - 06/30/2004
07/01/2004 - 07/31/2004
08/01/2004 - 08/31/2004
09/01/2004 - 09/30/2004
10/01/2004 - 10/31/2004
11/01/2004 - 11/30/2004
12/01/2004 - 12/31/2004
01/01/2005 - 01/31/2005
02/01/2005 - 02/28/2005
03/01/2005 - 03/31/2005
04/01/2005 - 04/30/2005
05/01/2005 - 05/31/2005
06/01/2005 - 06/30/2005
07/01/2005 - 07/31/2005
08/01/2005 - 08/31/2005
09/01/2005 - 09/30/2005
10/01/2005 - 10/31/2005
11/01/2005 - 11/30/2005
12/01/2005 - 12/31/2005
01/01/2006 - 01/31/2006
02/01/2006 - 02/28/2006
03/01/2006 - 03/31/2006
04/01/2006 - 04/30/2006
05/01/2006 - 05/31/2006
06/01/2006 - 06/30/2006
07/01/2006 - 07/31/2006
08/01/2006 - 08/31/2006
09/01/2006 - 09/30/2006
10/01/2006 - 10/31/2006
11/01/2006 - 11/30/2006
12/01/2006 - 12/31/2006
01/01/2007 - 01/31/2007
02/01/2007 - 02/28/2007
03/01/2007 - 03/31/2007
04/01/2007 - 04/30/2007
05/01/2007 - 05/31/2007
06/01/2007 - 06/30/2007
07/01/2007 - 07/31/2007
08/01/2007 - 08/31/2007
09/01/2007 - 09/30/2007
10/01/2007 - 10/31/2007
11/01/2007 - 11/30/2007
12/01/2007 - 12/31/2007
01/01/2008 - 01/31/2008
02/01/2008 - 02/29/2008
03/01/2008 - 03/31/2008
04/01/2008 - 04/30/2008
05/01/2008 - 05/31/2008
06/01/2008 - 06/30/2008
07/01/2008 - 07/31/2008
08/01/2008 - 08/31/2008
09/01/2008 - 09/30/2008
10/01/2008 - 10/31/2008
11/01/2008 - 11/30/2008
12/01/2008 - 12/31/2008
01/01/2009 - 01/31/2009
02/01/2009 - 02/28/2009
03/01/2009 - 03/31/2009
04/01/2009 - 04/30/2009
05/01/2009 - 05/31/2009
06/01/2009 - 06/30/2009
07/01/2009 - 07/31/2009
08/01/2009 - 08/31/2009
09/01/2009 - 09/30/2009
10/01/2009 - 10/31/2009
11/01/2009 - 11/30/2009
12/01/2009 - 12/31/2009
01/01/2010 - 01/31/2010
02/01/2010 - 02/28/2010
03/01/2010 - 03/31/2010
04/01/2010 - 04/30/2010
05/01/2010 - 05/31/2010
06/01/2010 - 06/30/2010
07/01/2010 - 07/31/2010
08/01/2010 - 08/31/2010
09/01/2010 - 09/30/2010
10/01/2010 - 10/31/2010
11/01/2010 - 11/30/2010
12/01/2010 - 12/31/2010
01/01/2011 - 01/31/2011
02/01/2011 - 02/28/2011
03/01/2011 - 03/31/2011
05/01/2011 - 05/31/2011
06/01/2011 - 06/30/2011
07/01/2011 - 07/31/2011
08/01/2011 - 08/31/2011
09/01/2011 - 09/30/2011
10/01/2011 - 10/31/2011
11/01/2011 - 11/30/2011
12/01/2011 - 12/31/2011
01/01/2012 - 01/31/2012
02/01/2012 - 02/29/2012
03/01/2012 - 03/31/2012
04/01/2012 - 04/30/2012
05/01/2012 - 05/31/2012
06/01/2012 - 06/30/2012
07/01/2012 - 07/31/2012
08/01/2012 - 08/31/2012
10/01/2012 - 10/31/2012
11/01/2012 - 11/30/2012
12/01/2012 - 12/31/2012
02/01/2013 - 02/28/2013
04/01/2013 - 04/30/2013
05/01/2013 - 05/31/2013
06/01/2013 - 06/30/2013
07/01/2013 - 07/31/2013
08/01/2013 - 08/31/2013
11/01/2013 - 11/30/2013
12/01/2013 - 12/31/2013
01/01/2014 - 01/31/2014
02/01/2014 - 02/28/2014
05/01/2014 - 05/31/2014
07/01/2014 - 07/31/2014
08/01/2014 - 08/31/2014
10/01/2014 - 10/31/2014
12/01/2014 - 12/31/2014
01/01/2015 - 01/31/2015
03/01/2015 - 03/31/2015
04/01/2015 - 04/30/2015
06/01/2015 - 06/30/2015
07/01/2015 - 07/31/2015
08/01/2015 - 08/31/2015
10/01/2015 - 10/31/2015
12/01/2015 - 12/31/2015
03/01/2016 - 03/31/2016
07/01/2016 - 07/31/2016
08/01/2016 - 08/31/2016
10/01/2016 - 10/31/2016
01/01/2017 - 01/31/2017
02/01/2017 - 02/28/2017
03/01/2017 - 03/31/2017
04/01/2017 - 04/30/2017
05/01/2017 - 05/31/2017
06/01/2017 - 06/30/2017
07/01/2017 - 07/31/2017
08/01/2017 - 08/31/2017
09/01/2017 - 09/30/2017
10/01/2017 - 10/31/2017
11/01/2017 - 11/30/2017
12/01/2017 - 12/31/2017
01/01/2018 - 01/31/2018
02/01/2018 - 02/28/2018
03/01/2018 - 03/31/2018
05/01/2018 - 05/31/2018
07/01/2018 - 07/31/2018
08/01/2018 - 08/31/2018
09/01/2018 - 09/30/2018
10/01/2018 - 10/31/2018
12/01/2018 - 12/31/2018
01/01/2019 - 01/31/2019
02/01/2019 - 02/28/2019
04/01/2019 - 04/30/2019
05/01/2019 - 05/31/2019
07/01/2019 - 07/31/2019
08/01/2019 - 08/31/2019
09/01/2019 - 09/30/2019

< ? law blogs # >