August 10, 2000 Toeing the Line: The First Byrne Letter |
|
August 10, 2000
U.S. Department
of
Transportation
Federal Aviation
Administration |
800 Independence Avenue,
S.W.
Washington, DC 20591 |
July 29, 1999
Mr. Robert Hackman
Dear Mr. Hackman:
Thank you for your letter dated April 26,
1999, to the Office of the Chief Counsel, Federal Aviation Administration (FAA),
regarding flight instruction in aircraft with dual controls under 14 CFR section
91.109(a). Specifically, you request an interpretation of the definition
of "dual controls."
In your letter you state that a member of
your organization, Aircraft Owners and Pilots Association (AOPA), received a
warning letter that he or she was not in compliance with 14 CFR section
91.109(a) because the aircraft being used for flight instruction did not have
dual controls (toe brakes). This member was providing flight instruction
in an aircraft equipped with toe brakes on the pilot's side but not on the
flight instructor's rudder pedals. The aircraft was equipped, however,
with either a had brake or parking brake accessible to the flight instructor
allowing the instructor to stop the aircraft. You state that 14 CFR
section 91.109(a) is clear about the requirements for dual control, however, the
definition of dual controls is not clear. You then ask "[w]hat is the
definition of dual controls, specifically, are toe brakes part of that
definition." The answer to your question is discussed below.
14 CFR section 91.109(a) states, in
pertinent part, that no person may operate a civil aircraft that is being used
for flight instruction unless that aircraft has fully functioning dual
controls. This regulation was established to ensure that the flight
instructor could take over the controls of the aircraft in case of a
emergency. The flight instructor must have his or her own access to the
operating controls of the aircraft, except as otherwise provided under 14 CFR
section 91.109(a).
The term "dual controls" under 14 CFR
section 91.109(a) means that the operating controls accessible to the right seat
of the aircraft must be capable of performing the same function as the operating
controls accessible to the left seat of the aircraft. It does not mean
that the operating controls must be identical. For example, in the
scenario provided in your letter, the right seat of the aircraft does not need
to have access to toe brakes but does need to have access to brakes (e.g. a hand
brake or parking brake) to meet the intent of 14 CFR section
91.109(a).
This interpretation has been coordinated
with Flight Standards Service (AFS).
We hope this satisfactorily answers your
question.
Sincerely,
/s/ Donald P. Byrne
Donald P. Byrne
Assistant Chief
Counsel
Regulations Division
|
Email this article
