| by |
Loretta E. Alkalay |
U.S. Department
of
Transportation
Federal Aviation
Administration |
Memorandum |
| Subject: Dual Controls under
91.109 and 61.45
From: Regional Counsel, AEA-7
To: Manager, RIC FSDO
THRU: Manager,
Technical Branch, AEA-230 |
Date: Mar 17
2000
Reply to
Attn. of: SBrice
x3268 |
You have requested our opinion with respect to fully
functional aircraft dual controls under §§ 91.109 and 61.45 of the FARs. After
further discussion, we have clarified your inquiry as consisting of three
questions. The first is whether § 91.109(a) requires braking capability for both
pilot positions when instruction is being given. The second is whether brakes
must be available for both pilot positions for the performance of a practical
test under § 61.45. The third is whether brakes must be available for the
performance of a practical test for a flight instructor certificate also under §
61.45.
Section 91.109(a) requires that aircraft being used
for flight instruction be equipped with "fully functional dual controls." In an
opinion issued July 29, 1999, a copy of which accompanied your request, the
Chief Counsel's office interpreted this section's use of "dual controls" as
including brakes. The interpretation takes the view that the dual controls need
not be identical, observing that the rule would be satisfied where hand brakes
are available for one side even though toe pedal brakes are used on the other.
We see no reason not to apply that opinion to your inquiry.
Section 61.45 uses more specific language with
respect to dual controls. Section 61.45(c), Required Controls, states
that the 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", while allowing the examiner discretion to deviate from this
requirement. We do not view brakes as either engine power controls or flight
controls. We conclude, therefore, that dual braking systems are not required for
aircraft being used for a practical test under this provision.
The analysis does not, however, end at this point.
Section 61.45(b), Required Equipment (other than controls), requires that
an aircraft being provided for a practical test must have "the equipment for
each area of operation required for a practical test." Sec. 61.45(b)(1)(i). When
a practical test for a flight instructor certificate is conducted, the applicant
must demonstrate his or her qualifications from the secondary pilot seat. The
Practical Test Standards require the instructor applicant to satisfactorily demonstrate
various operations from that seat, such as taxiing and short field takeoffs and
landings, which require use of the brakes. These operations thus dictate braking
capability from the secondary pilot position. Although is may be physically
possible for an aircraft to have braking available only from the secondary pilot
position, that is not a practical configuration; for training and solo
operations, all controls and equipment must be accessible to the primary pilot
position. In any event, the aircraft being provided for a flight instructor
practical test must be equipped with brakes from the secondary pilot position,
which will dictate an aircraft configuration incorporating dual braking
systems.
I trust this satisfies your inquiry. Should you have
any further questions, please contact Stephen Brice in this office at extension
3268.
/s/ Loretta E. Alkalay
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