Blogging the FARs: Pilot in Command

A definition from FAR Part 1.1.

According the FAR Part 1.1: General Definitions:

Pilot in command means the person who:

(1) Has final authority and responsibility for the operation and safety of the flight;

(2) Has been designated as pilot in command before or during the flight; and

(3) Holds the appropriate category, class, and type rating, if appropriate, for the conduct of the flight.

How this Might Appear on Your Oral Exam

This seems like pretty simple stuff, but it always appears in an oral exam in one way or another. The examiner won’t ask for the definition. Instead, he’ll ask a question that refers to the definition, something like: “Who has final authority over the aircraft?” or, more slyly, “If the tower tells you, the pilot in command, something to do and you think it’s dangerous, should you do it?” The answers to those questions are the pilot in command (that’s you, if you’re taking the check ride) and no, respectively.

FAA examiners are very sly people. If they sense any doubt in your mind, they’ll push harder to get you to give them the wrong answer. The next question might be, “Are you sure? The tower is telling you to do it. Don’t they have authority?”

Don’t fall for this! Remember that when you’re pilot in command, you are the boss of the aircraft. But you also need to remember that if you don’t follow an ATC instruction, you better have a damn good reason why you didn’t and that reason better be somehow related to safety.

This is also covered in Part 91.3: Responsibility and authority of the pilot in command:

(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

(b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.

(c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.

Stating the Obvious

The Part 1 definition also suggests that you can’t be a pilot-in-command until you qualify for it. For example, an airplane pilot can’t be a pilot in command of a helicopter until he/she gets a helicopter rating. And, oddly enough, a 5000-hour helicopter pilot who has been flying all kinds of helicopters but has never had any training in a Robinson R44 could not be a pilot in command of that helicopter. Why? Because there are additional regulations (specifically, SFAR 73) covering that make and model of helicopter.

The best thing to do before flying a different aircraft is to make sure you you have the rating(s) you need to fly it. When in doubt, ask a flight instructor, the company you may be renting from, or the FAA. My advice is to always fly with a flight instructor for at least 30 minutes in any different kind aircraft you’re flying for the first time. And make sure he/she signs off in your logbook before you go solo, just in case there is a problem. You (or your next of kin) want to be able to prove that you had some training in this lawsuit-happy country we live in.

Other Stuff to Check and Remember

And don’t forget the other Part 61 rules which also apply here, including qualifications, currency, etc. And the Part 67 medical requirements.

(To me, that’s the biggest problem with the FARs; they require you to look in a half dozen places just to get the answer to a question.)

By the way, the responsibilities of the pilot in command are also covered in the AIM Chapter 5, Section 5-5-1b.

Blogging the FARs: An Introduction

The FARs for mere mortals.

As a Single Pilot Part 135 operator — in other words, a commercial pilot allowed to do on demand air taxi and charter flights; more later — I’m required to take an annual check ride with an FAA examiner. The check ride isn’t just a flight to prove I can perform the required maneuvers. It’s also an oral exam that lasts 1 to 2 hours and is designed to confirm that I know my aircraft, my operating rules, and the FARs.

About the FARs

FAR stands for Federal Aviation Regulations. Technically, the regulations are really Titles 14 and 49 of the Code of Federal Regulations, so some very few people might refer to them as 14 CFR or CFR Title 14 or some other combination of that information. Most people don’t. Most people just call them the FARs.

If you’re reading this in another country, you likely have rules and regulations like this. I don’t know what they’re called or what they contain. And if you are reading this as a pilot flying in another country, don’t depend on what you read here to correspond to your country’s rules. It might be interesting, however, to get comments that explain how something differs in your country, so don’t be shy about sharing what you know.

Blogging the FARs

Like most pilots’ I don’t know the FARs by heart. I don’t even know the ones I’m supposed to know by heart. I simply know that regulations exist and where I can look them up in the big, fat book that’s revised annually. And, of course, I do know the gist and meaning of the regulations that affect my operations on a regular basis.

In an effort to

  1. refresh my memory about the regulations I’m supposed to know,
  2. translate those regulations, which are written in FAA-dialect legalese, into a language I’m more familiar with, like plain English,
  3. provide myself with reference material for future study,
  4. provide site visitors interested in aviation with some information they might find useful, and
  5. generate a comments-based discussion about some of the FARs and why they’re important, stupid, good, bad, or whatever,

I’ve decided to write a series of blog entries that explore the various FARs.

If you’re not a pilot, you may not find this too interesting. I understand. Many pilots don’t find this too interesting, either. But they are the rules and we do need to be familiar with them. If you have any interest in aviation and how the system works to remain safe, you might find some of these posts very interesting. If so, enjoy. And ask questions in the Comments if you need clarification.

If you are a pilot, please remember that I’m not an expert. I read FAA-dialect legalese no better than the next guy and there is a chance that I might misinterpret something. If you think I got it wrong, speak up in the Comments area for the article in which the error appears. But please do back it up with some other reference so I can confirm the correction. If you have more to add about a topic — especially stories about how that topic affected you — please share your experience. We can all learn together. Personally, I learn better from stories than from boring 1000-page books written in legalese.

All of these articles will appear in the Flying category of this site. If you just care about flying and not about the other things I write about, I recommend that you subscribe to the category with an RSS reader, the live bookmarks feature of Firefox, or some other subscription method. (You can also subscribe to get new content automatically by e-mail.) That’ll filtering out my geeky computer stuff and my occasional political rants.

The FARs I’ll Cover

I’m not going to cover all of the FARs here. I’m only going to cover the ones that directly affect my operations, the ones I’m likely to be asked on my check ride. These are the same one you might be asked on a private, commercial, or Part 135 check ride. And of course, being a helicopter pilot, I won’t be dealing with any airplane-only regulations. In fact, if you’re a pilot and you read these, you’re likely to get a good picture of how airplane and helicopter operations differ. Don’t worry; I’ll make a special note if anything I write about is helicopter-specific.

Generally speaking, I’ll be covering material from FAR Parts:

  • 1 – Definitions and Abbreviations
  • 61 – Certification: Pilots, Flight Instructors, and Ground Instructors (I’ll concentrate on Pilots)
  • 67 – Medical Standards and Certification
  • 71 – Designation of Class Airspace Areas; Service Routes; and Reporting Points
  • 73 – Special Use Airspace
  • 91 – General Operating and Flight Rules
  • 119 – Certification: Air Carriers and Commercial Operators
  • 135 – Operating Requirements: Commuter and On Demand Operators
  • SFAR 73 – a Special regulation for Robinson helicopter operators

I won’t be covering them in this order. I’ll be covering them in the order I study them in. And the articles I write are likely to appear here weekly over an extended period of time, so don’t expect to read it all next week.

Some Additional References

If you’re interested in FARs, you’ll likely find some of the following reference material quite useful:

  • FARs online. You can read the current version of the FARs on the Web on the FAA’s Web site. This should be the most up-to-date version of the FARs available for free.
  • FAR/AIM 2007: Federal Aviation Regulations/Aeronautical Information Manual (FAR/AIM series)AIM or Aeronautical Information Manual. This is the plain English text that actually explains the rules and provides additional how-to information for pilots. Every U.S. certificated pilot should have and read this book. Normally, when you buy a book containing the FARs, the AIM is appended to it. So what you’re really buying is a FAR/AIM. My understanding of this document is that the text is prepared by the government and is in the public domain. A variety of publishers print books of the information and some add illustrations and supplemental text to the AIM part of the book. So you’ll find several versions of the book. I buy the ASA version shown here for financial reasons; I’m required to buy it every year and usually get an offer to get it sent to me for under $15 as soon as it’s printed (normally late in the previous year). But there are other versions out there and you can even buy the AIM as a separate book, without the FARs.
  • FARs in Plain English by Phil Croucher. This book attempts to do what I’m doing here, but for most of the FARs. I have this book and don’t really care for it, primarily because some of the rules I need are omitted and the book isn’t updated regularly. (The FARs are updated every year.) The book is also quite expensive for us poor pilots, retailing for $44.95.

Comments?

Please do share your comments about this little project. The Comment link is below. I’d also be interested in learning about other online resources, as well as opinions of the ones listed here.

A Helicopter Repair Story

Including a happy ending.

On Tuesday, I flew out to Robson’s Mining World in Aguila, AZ. I was scheduled to appear there on Saturday for their anniversary celebration and I wanted to make sure my usual landing zone was in good shape.

It was a windy day and I was tossed around a bit on the 8-minute flight from Wickenburg (vs. a 30-minute drive). But the winds were calmer closer to the ground. I circled Robson’s once, then set down on what I thought was a spot closer to the road. Turned out, it was the same spot I’d occupied the year before. It just looked closer to the road from the air. The quartz rocks Mike and John had laid out in a line for me were still there. The idea was to land with the helicopter’s cockpit over the line. That would keep my tail rotor away from the bushes behind us. But since the bushes looked bigger than they had the year before, I positioned the helicopter a little bit closer to the road.

I cooled down the helicopter and shut down the engine. Then I went out to assess the landing zone on foot. I discovered that the quartz line was still quite workable for me. The bushes were farther back than I’d thought on landing. (I always estimate the helicopter’s tail longer than it really is.) So the landing zone was fine. No trimming would be required. That’s good because I don’t like the idea of cutting any desert vegetation unless absolutely necessary.

I put on my jacket — it was still quite cool at 9 AM — and walked through Robson’s front gates. The place looked deserted. I headed toward the restaurant, planning on having a piece of pie for breakfast. The door was locked but as I was starting to turn away, Rosa, who works in the restaurant, hurried out from the kitchen and opened the door. I settled down at a table and she talked me into having a real breakfast of bacon and eggs. She set me up with a small pot of hot tea and went back into the kitchen to prepare my food.

I had a few awkward moments when the teapot’s lid fell into my cup and became stuck there. If I’d been with someone, we would have been laughing hard. But I was alone and laughed at myself more quietly. I had to pour all the tea back into the pot and wait for the lid in the cup to cool and contract a tiny bit before I could get it out.

Rosa brought me a plate of fresh fruit — grapefruit, pineapple, grapes, and oranges — then disappeared back into the kitchen. I busied myself by reading the history of Robson’s and some information about the equipment and vehicles on display. When she brought out my breakfast a while later, I gobbled down the two eggs over medium, three slices of bacon, and two slices of wheat toast with real butter. (Don’t you hate when restaurants use mystery spread on toast?)

The person I was hoping to see there, Rebecca, wasn’t in yet. She lives in Wickenburg and drives out five days a week to manage the place. I saw her drive in just as I was starting the engine for the helicopter at about 9:45. Since the engine was already running and the blades were already turning, I didn’t shut down. I had another stop to make.
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Hermosa Ranch Insanity (revisited)

Clearing up a lot of misinformation.

It appears that Wickenburg’s Department of Misinformation has been working overtime on this one. Let me set the record straight:

The FAA did not approve Hermosa Ranch. Whoever told you that is either lying or using information obtained from the Department of Misinformation. In fact, I have in my possession, a letter to Miles Johnson, Town Planner and Airport Manager, from the FAA that states, in part:

Assurance 21, Compatible Land Use, stipulates that the Town will take all reasonable measures to restrict land uses adjacent to the airport to activities that are compatible with normal airport operations. Residential property in the vicinity of the airport is not a compatible land use. Airport noise will inevitably cause homeowners to complain about the airport and demand restrictions on airport operations. The FAA does not support this type of development next to the airport. In view of Assurance 21, why would the Town approve residential home [sic] so close to the airport?

Does that sound like the FAA approves of Hermosa Ranch? Right now, the Town of Wickenburg is on the verge of losing its FAA airport funding because it continues to approve residential zoning near the airport. That’s something the Department of Misinformation does not understand or want the people of Wickenburg to know.

Every single one of my petition’s signers knew exactly what he or she was signing. In explaining it, I used the same photo and illustration that appears on this site. I answered questions with facts, I presented FAA-prepared documents regarding recommended safe clearances. It took me a long time to get those signatures; people don’t just sign any old thing these days. Most people signed based on the noise concern alone. Everyone with a brain understands that people are not going to like living under the path of landing and departing airplanes. Photos and to-scale drawing of the situation do not lie. Where was this information when the project was presented to P & Z and the Town Council?

And again, why wasn’t the Airport Advisory Commission consulted about this?

And finally, it disgusts me that a printed list of people who signed my petition to stop Hermosa Ranch is being circulated and the signers harassed by the Chamber of Commerce and other people. Petitioning is a first amendment right and a government body — or representatives of that body — are violating that right when they harass people who are exercising it.

What’s going on in Wickenburg? And when is it going to stop?

Fan Mail

Why I find it so embarrassing.

Every once in a while, I get an e-mail message that’s clearly categorizable as fan mail. The messages are usually the same in tone: “I can’t believe how much you’ve accomplished! I try to do some of the things you do and can’t manage to succeed. How do you do it?” The only thing they don’t say is “You’re my idol,” but if you read between the lines sometimes, it’s there.

I’m embarrassed by all this.

I’m a pretty normal person from a pretty average background. Lower middle class parents, not much money in the family. I got my first jobs at age 13: paper route, babysitting, fence painting. Because there weren’t too many things handed to me, I quickly learned that if I wanted something, I had to work to get it. So I did.

(Personally, I think this is why America is doomed. With so many parents handing out things to their kids, kids don’t build healthy work ethics. They’re lazy and unmotivated, concerned more with what they’re wearing than what they’re learning, and someday they’ll be running this country. Hopefully, I’ll be dead by then. But I digress.)

I think the only thing that sets me apart from other people is that I’m driven. I see something I want to achieve and I do what I can to achieve it. I work hard almost all the time. As I finish one project, achieve one goal, I’m thinking of the next.

Back in college, I took a management course where they discussed Maslow’s Hierarchy of Needs. At the top of the pyramid is Self Actualization, the need that must be filled after all others are filled. The trouble is, if you fulfill the need for self actualization, there’s nothing left. So to remain happy, self actualization must always be growing and changing, like a moving target. That’s the way I understood it back in my late teens. And I think that’s what drives me to this day — the need to always have something different to reach for and achieve. I think you can say that I live for challenges.

But are my achievements that incredible? I don’t think so. I admit that I’m fortunate in that I have a good brain and decent health (although the health thing has been a bit questionable lately), but there’s nothing special about me. I’m not a genius. I don’t live on four hours of sleep a night (I wish!). I’m not rich. I just make the most of what life’s dealt me.

People marvel at my achievements as a writer. I’ve written 60+ books and hundreds of articles since 1992. Do you think that’s because I’m the world’s greatest writer? Of course not! It’s because writers generally don’t make much money, so if you want to earn a living as a writer, you have to produce an awful lot. I learned how to work with editors and publishers to deliver what they wanted when they wanted it. My mind has the ability to take a task and break it down into its most basic steps — this is natural to me and I don’t know why. My writing skills make it easy to communicate the steps of a task to readers — my writing skills come from years of reading and writing. I don’t let ego get in the way of delivering what my editors want. By reliably producing year after year, I got into a position where I didn’t have to look for work anymore. It looked for me. I kept producing. And I still keep producing.

People think it’s incredible that I fly a helicopter. It’s not that incredible. It took me a year and a half of part-time lessons, driving 180 miles round trip each lesson day and thousands of dollars, to build my flight time and to get my private helicopter license. That’s not an achievement — it’s perseverance and the willingness to throw large sums of money at what I thought would be a hobby. If I’d quit doing my other work for a while, I could have completed that training in three months. But you’re not independently wealthy or supported by someone with deep pockets, you have to work before you can play. And, for the record, just about anyone can learn to fly. Helicopters aren’t harder to fly than airplanes, either; they’re just different. Anyone who says they’re harder to learn is using that as an excuse for not really trying. Unfortunately, they are more expensive to learn. And that’s usually the stumbling block that stops people from learning.

You want to achieve something? Go out and do it! Stop making excuses, stop procrastinating, and for God’s sake, stop watching crap on television — the eternal time-waster. Only when you dedicate yourself to your goal, fitting each task of its achievement into your regular work and family schedule, can you make it happen.

If you keep at it, the achievement of one goal will surely lead to the next.

And please, stop embarrassing me with fan mail.