Barry
February 5th 08, 12:40 AM
>> Now let's take 91.175. The USA mandates the use of a published IAP.
>> The UK does not. 91.1 says p91 does not apply outside the USA. Does
>> this mean one can fly an unpublished IAP in the UK?
>
> I don't see anything in 91.1 saying that it does not apply outside the US.
> It says that it does apply within the US:
>
> "(a) Except as provided in paragraphs (b) and (c) of this section and
> §§91.701 and 91.703, this part prescribes rules governing the operation of
> aircraft (...) within the United States ..."
>
> and 91.703 then extends the compliance requirement outside the US "so far as
> it is not inconsistent with applicable regulations of the foreign country
> where the aircraft is operated or annex 2 of the Convention on International
> Civil Aviation...".
>
> So unless flying an IAP in the UK would somehow violate some UK rule, it
> sounds to me like a US-registered plane in the UK must comply with 91.175
> and use a standard IAP.
I take back what I just said. My copy of Jeppesen's "FARs Explained" cites an
FAA Chief Counsel opinion in which a US-registered plane operating in Italy
was not required to comply with 91.521 (shoulder harness) because Italian
rules did not require this. Similar decision concerning fuel reserves, where
30 minutes (Italian rule) was acceptable in a situation that would have
required 45 minutes by US FARs. So the FAA interpretation of "inconsistent"
is apparently more lenient than my own interpretation. Hard to believe!
I could not find this opinion online, the date is 2-16-1983.
>> The UK does not. 91.1 says p91 does not apply outside the USA. Does
>> this mean one can fly an unpublished IAP in the UK?
>
> I don't see anything in 91.1 saying that it does not apply outside the US.
> It says that it does apply within the US:
>
> "(a) Except as provided in paragraphs (b) and (c) of this section and
> §§91.701 and 91.703, this part prescribes rules governing the operation of
> aircraft (...) within the United States ..."
>
> and 91.703 then extends the compliance requirement outside the US "so far as
> it is not inconsistent with applicable regulations of the foreign country
> where the aircraft is operated or annex 2 of the Convention on International
> Civil Aviation...".
>
> So unless flying an IAP in the UK would somehow violate some UK rule, it
> sounds to me like a US-registered plane in the UK must comply with 91.175
> and use a standard IAP.
I take back what I just said. My copy of Jeppesen's "FARs Explained" cites an
FAA Chief Counsel opinion in which a US-registered plane operating in Italy
was not required to comply with 91.521 (shoulder harness) because Italian
rules did not require this. Similar decision concerning fuel reserves, where
30 minutes (Italian rule) was acceptable in a situation that would have
required 45 minutes by US FARs. So the FAA interpretation of "inconsistent"
is apparently more lenient than my own interpretation. Hard to believe!
I could not find this opinion online, the date is 2-16-1983.