Legal Interpretations

As students of aviation, we are familiar with our regulations, the AIM, Advisory Circulars and other instructional, regulatory and best practice FAA guidance publications. But questions remain about whats legal. One sure, but unpleasant way to answer them is to attract the FAAs enforcement apparatus. This begins with your friendly neighborhood Aviation Safety Inspector, and can lead to suspension or revocation orders, plea bargaining, trials and appeals with the NTSB, and ultimately, the federal courts. There is a better way.

Mark Kolber

Wednesday, May 16, 2018 at 12:00 AM ET

Verified

Key Takeaways:

The FAA Chief Counsel Office publishes "Legal Interpretations & Chief Counsel Opinions" on www.faa.gov, serving as a crucial resource to clarify complex aviation regulations and help pilots understand legal requirements without attracting enforcement.
These interpretations address diverse areas, including specific equipment requirements (e.g., installed IFR clocks, anti-collision light systems), IFR procedures (e.g., mandatory procedure turns, strict adherence to 91.185 lost communication rules), and the nuances of IFR operations in uncontrolled airspace.
The guidance also clarifies training and currency requirements, such as the CFII's primary role for instrument endorsements, the category-specific nature of instrument currency, and that instructors/trainees are not considered "passengers" for landing currency during instructional flights.
A cautionary note advises that seeking official interpretations can sometimes lead to rulings that contradict long-standing common practices or present unexpected regulatory challenges.

See a mistake? Contact us.

As students of aviation, we are familiar with our regulations, the AIM, Advisory Circulars and other instructional, regulatory and best practice FAA guidance publications. But questions remain about what’s legal. One sure, but unpleasant way to answer them is to attract the FAA’s enforcement apparatus. This begins with your friendly neighborhood Aviation Safety Inspector, and can lead to suspension or revocation orders, “plea bargaining,” trials and appeals with the NTSB, and ultimately, the federal courts. There is a better way.

The FAA Chief Counsel Office has been issuing letters of interpretation in response to inquiries for decades. Once only available from legal research and aviation compliance companies, the FAA now publishes them. At www.faa.gov, search for “Legal Interpretations & Chief Counsel Opinions.” They cover a wide variety of subjects including logging flight time, whether manufacturer Service Bulletins are mandatory, airline and charter pilot duty time limitations, and the multiple and often-grey areas where Part 91 and Part 135 charter operations collide.