AIM Is Non-Regulatory

The Parts, Subparts and Sections of Title 14 of the Code of Federal Regulations, what we commonly call the Federal Aviation Regulations or FARs, are the only truly regulatory documents we have. These are the formal regulations adopted by the FAA. They are authorized by an Act of Congress. Sometimes the authorization is general. When created by the Federal Aviation Act of 1958, the FAA was given broad authority to issue regulations to carry out its functions. Sometimes it is specific like the Congressional mandates to increase ATP requirements following the 2009 Colgan crash or to create BasicMed.

Mark Kolber

Tuesday, September 03, 2019 at 12:00 AM ET

Verified

Key Takeaways:

While only the Federal Aviation Regulations (FARs) are truly "regulatory" and directly form the basis for enforcement actions, documents like the Aeronautical Information Manual (AIM) and Advisory Circulars (ACs) are considered "non-regulatory" guidance.
Despite their non-regulatory status, the AIM and ACs are crucial as they establish the FAA's expected standards of conduct, provide detailed explanations of regulatory requirements, and are frequently used as evidence in enforcement cases to prove violations of the FARs.
These non-regulatory guidance documents can also serve a defensive purpose, allowing pilots to demonstrate compliance with accepted practices and challenge enforcement actions.

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It is nearly impossible to mention the AIM in a discussion of proper procedures without hearing “the AIM is not regulatory!” as a retort. Often, implicit in the response is, “so we don’t really have to follow it.” But is that true? What is the difference between “regulatory” and “non-regulatory”? Does “non-regulatory” mean we are immune if we don’t follow the recommendation?

What is “Regulatory”?

The Parts, Subparts and Sections of Title 14 of the Code of Federal Regulations, what we commonly call the “Federal Aviation Regulations” or FARs, are the only truly “regulatory” documents we have. These are the formal regulations adopted by the FAA. They are authorized by an Act of Congress. Sometimes the authorization is general. When created by the Federal Aviation Act of 1958, the FAA was given broad authority to issue regulations to carry out its functions. Sometimes it is specific like the Congressional mandates to increase ATP requirements following the 2009 Colgan crash or to create BasicMed.