August 10, 2000 Toeing the Line: The Second Byrne Letter |
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August 10, 2000
April 27, 2000
Mr. Robert Hackman
Sr. Technical
Specialist
Aviation Services Department
Aircraft Owners and Pilots
Association
421 Aviation Way
Frederick, MD 21701-4798
Dear Mr. Hackman:
This is a follow-up response to your
letter dated April 26, 1999, to the Office of the Chief Counsel, Federal
Aviation Administration (FAA), regarding the definition of "dual controls" under
14 CFR section 91.109(a) (section 91.109(a)). Specifically, you asked
whether toe brakes are required to be accessible to the right seat of the
aircraft when toe brakes are accessible to the left seat of the aircraft or
whether it is sufficient that a hand brake or parking brake is accessible to the
right seat of the aircraft.
In my letter of
response to you, dated July 29, 1999, I addressed the issue of whether the
controls accessible to the right seat of the aircraft had to be identical to the
controls accessible to the left seat of the aircraft under the definition of
"dual controls" (under section 91.109(a)). I stated that the term "dual
controls" under 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,
not that the operating controls must be identical. I did not address the
issue of whether brakes were a required operational control under the definition
of "dual controls."
In recent weeks it has come to my
attention and the Flight Standards Service (AFS) that this interpretation
implies that brakes are required controls under section 91.109(a). It has
been long-standing AFS technical position that brakes are not required controls
under section 91.109(a). The term "dual controls" under section 91.109(a)
refers to flight controls (e.g. pitch, yaw, and roll controls). These
flight controls are the only required controls for purposes of meeting the
requirements under section 91.109(a).
For years flight instructors have given
flight instruction in aircraft that do not have braking systems accessible to
both the left and right seat of the aircraft. It was not my intention to
change this long-standing technical interpretation of what constitutes "dual
controls." I hope this clears up any misleading implications. This
interpretation has been coordinated with AFS.
Sincerely,
/s/ Donald P. Byrne
Donald P. Byrne
Assistant Chief Counsel
Regulations Division
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