August 10, 2000 Toeing the Line: The Basham Letter |
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August 10, 2000
U.S. Department
of
Transportation
Federal Aviation
Administration |
800 Independence Avenue,
S.W.
Washington, DC 20591 |
September 29, 1999
Mr. Kenneth A.
Medley
XXXXXXXXXXXXXX
Arlington, VA 22207
Dear Mr. Medley:
This is in response to your letter
requesting clarification on whether dual instruction/flight tests may be
conducted in airplanes that do not have brakes on the right side.
Title 14 Code of Federal Regulations (14
CFR) Part 91, section 91.109(a)(1)(2) state, in part, that no person may operate
a civil aircraft (except a manned free balloon) that is being used for flight
instruction unless that aircraft has fully functioning dual controls. However,
instrument flight instruction may be given in a single-engine airplane
equipped with a single, functioning throwover control wheel in place of fixed,
dual controls of the elevator and ailerons when:
- The
instructor has determined that the flight can be conducted safely;
and
- The person
manipulating the controls has at least a private pilot certificate with
appropriate category and class ratings.
14 CFR part 61, section 61.45(a)(c)
provides that an aircraft, other than a lighter-than-air aircraft, used for a
practical test must have engine power controls and flight controls that are
easily reached and operable in a conventional manner by both pilots, unless the
examiner determines that the practical test can be conducted safely in the
aircraft without the controls being easily reached.
In view of the above, it follows that
since neither sections 61.45(a) or (c), nor 91.109 lists brakes as a "required
control," both flight instruction and flight tests may be conducted in an
airplane without brakes when the instructor/examiner determines that
instruction/practical test can be conducted safely in that aircraft.
We hope this adequately responds to your
question and wish you success in you aviation endeavors.
Sincerely,
/s/ Lauren D. Basham
Lauren D. Basham
Acting
Manager,
Certification Branch
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