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 Federal Aviation Regulations (FARs) are the only truly "regulatory" documents, non-regulatory guidance like the Aeronautical Information Manual (AIM) and Advisory Circulars (ACs) set expected standards of conduct.
Although you cannot directly "violate" non-regulatory documents, the FAA and NTSB frequently use them as evidence to demonstrate a pilot's failure to adhere to regulatory requirements and to determine sanctions in enforcement actions.
These guidance documents provide crucial explanations of regulatory material, establish best practices, and can even be used by pilots defensively to support their actions against FAA allegations.

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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.