| by |
James D. Barton |
U.S. Department
of
Transportation
Federal Aviation Administration |
FLIGHT STANDARDS DISTRICT
OFFICE
5707
Huntsman Road, Suite 100
Richmond Int'l Airport, VA
23250-2415 |
March 29, 2000
CERTIFIED MAIL: RETURN RECEIPT
REQUESTED
Mr. Thomas Osinkosky
Shanandoah Flight
Services
Shenandoah Valley Regional Airport
51 Aviation Circle, Suite
112
Weyers Cave, VA 24486
Dear Mr. Osinkosky:
Last year, personnel from this office had a
discussion about the use of aircraft which did not have brakes available to both
pilots for flight training. The Federal Aviation Regulation (FAR) quoted was
91.109, which states in part that an aircraft must have fully functioning dual
controls for flight instruction. Operations Unit Supervisor Tom Jones advised
you and your staff that the PA-23 series aircraft that Shenandoah Flight
Services utilizes might not meet the requirements of that FAR. On June 30, 1999,
Mr. Jones requested a clarification from the FAA Eastern Regional Counsel for an
interpretation of that particular regulation. On March 17, 2000, the Regional
Counsel issued an interpretation of FAR 91.109 regarding this issue.
I have enclosed a copy of the legal interpretation
regarding the use of aircraft that do not have brakes available to both flight
instructor and pilot being instructed. You will note that if an aircraft does
not have fully functioning dual controls, including brakes, the aircraft shall
not be used for flight instruction. However, if an aircraft has a handbrake
available for use by each pilot, such as is provided on certain single engine
Piper aircraft, the aircraft may be used for flight instruction and for
practical tests.
As of the date of receipt of this letter, any flight
instruction provided by your flight training organization in aircraft that do
not have fully functioning dual controls, with brakes available to both pilot
stations, will not be creditable toward a pilot rating. Any flight instruction
conducted in such aircraft and logged by the flight instructor providing the
instruction may be subject to enforcement action. This information is being
disseminated to all flight schools in the district.
If you have any questions about this matter, please
call me at (804) 222-7494, extension 200 or Tom Jones at extension 202. Our
office hours are from 8:00 A.M. to 4:30 P.M., Monday through Friday. We will be
glad to discuss this matter, or any other matter concerning flight instruction,
with you.
Sincerely,
/s/ James D. Barton
James D. Barton
Manager
Enclosures
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