"Paul Repacholi" wrote in message
...
"Michael Stringfellow" writes:
FAR 91 and friends talks about towing a GLIDER, *not*, Glider other
than an Ultralight Glider, so it covers ALL gliders.
--
Paul Repacholi 1 Crescent Rd.,
+61 (08) 9257-1001 Kalamunda.
West Australia 6076
comp.os.vms,- The Older, Grumpier Slashdot
Raw, Cooked or Well-done, it's all half baked.
EPIC, The Architecture of the future, always has been, always will be.
Paul.
Far 91 specifically excludes part 103 aircraft in FAR 91.1
All references in Part 91 are to certified aircraft carrying
airworthiness certificates. The reference to Glider in FAR 91
has been narrowed by FAR 91.203 to be a certified aircraft.
A glider is a class of aircraft, anything flying under FAR103
is an AIR VEHICLE, not an aircraft.
I know things can be confusing looking at it from the bottom of the world
(smile) but if you read what is written and not what you want to see, you'll
be better off.
This request for info from theFEDS might help.
Here is my request to the FAA:
Subject: Regulations
From: Bob Comperini
To: FAA
Date: 12/18/1998 8:56 AM
Greetings,
I am an active ultralight flight instructor with the United States
Ultralight Association.
As you know, ultralights are regulated by FAR Part 103.
Quite often, I get asked the question whether or not ultralights are also
subject to other FAR's (such as Part 91, VFR rules, etc.). This question
comes up a lot because in FAR Part 103, ultralights are defined as
"vehicles" (not "aircraft"). Other regulations, including Part 91, talk
about "aircraft".
Some people think this means that ultralights are exempt from any portion
of this regulation, solely because of the words "aircraft" .vs. "vehicle".
When I train students, I make them very much aware of Part 91, and tell
them that pertinent parts of this regulation should also be followed (even
if we're not required to), for safety reasons, if nothing else. (As an
example, 91.159 - VFR Cruising altitudes).
Can you give me any guidance (or references) where I can get these terms
("vehicle" and "aircraft") clarified? Why did Part 103 call ultralights
"vehicles"? How would you answer the question of whether or not Part 103
ultralights are "exempt" from any other FAR?
Thanks in advance.
Here is the response I received from the FAA:
Date: Tue, 05 Jan 1999 15:34:47 -0500
From:
To:
Subject: Regulation
Can you give me any guidance (or references) where I can get these terms
("vehicle" and "aircraft") clarified?
Sure. The term "aircraft is defined in FAR Part 1. It says, "Aircraft"
means a device that is used or intended to be used for flight in the air.
The term "vehicle" and "ultralight" is not defined in FAR Part 1.
One could interpret the definition of "aircraft" to also include
ultralights
since they are indeed a device intended to be used for flight. But, in the
preamble to the original FAR 103 (as published in the Federal Register on
Sept.
2, 1982) we state that ultralights would not be considered aircraft for
purposes
of airworthiness certification and registration nor would their operators be
subject to the same pilot certification and operational requirements as
aircraft
operators. FAR 103 does not require airman/aircraft certification or vehicle
registration but, rather, is premised on the absolute minimum regulation
necessary to ensure safety in the public interest. We used the word
"vehicle"
since the common meaning of the word is a device or structure for
transporting persons or things. We purposely did not want the word
aircraft used in the context of describing an ultralight.
Some people think this means that ultralights are exempt from any
portion of this regulation, solely because of the words "aircraft" .vs.
"vehicle".
And they're right. Ultralight operators are *NOT* subject to any
regulation other than FAR Part 103. That regulation contains all the
operational conditions and limitations necessary to ensure safety in
the public interest. Part 91, as you point out, pertains to aircraft.
In fact 91.1(a) specifically excludes ultralights. That section states:
"(a) Except as provided in paragraph (b) of this section and Sec.
91.703, this part prescribes rules governing the operation of aircraft
(other than moored balloons, kites, unmanned rockets, and unmanned
free balloons, which are governed by part 101 of this chapter, and
ultralight vehicles operated in accordance with part 103 of this
chapter) within the United States, including the waters within 3
autical miles of the U.S. coast."
I don't disagree with you teaching ultralight operators about other FARs
such as 91, 135, etc. Even though 103 is the only regulation that applies
to them, some basic knowledge of other regulations probably doesn't hurt.
Ditto other FAA documents such as the AIM, etc.
Best Regards
Rick Cremer, Aviation Safety Inspector (Ops and AWS)The FAA has gone on
record here in print.Scott.
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