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#1
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IFR use of handheld GPS
wrote in message ps.com... I've seen other discussions get off topic and go on about handheld GPS use under IFR. And people get all worked up about it. I know there is a lot of history on this newsgroup, but I haven't followed most of it (so don't lynch me, please). It seems that a lot of pilots believe a handheld GPS shouldn't be used while IFR. And a lot more believe that it can't be the "primary" navigation method. Sometimes that makes sense, but other times it doesn't (to me). So here are a few questions I have that work up to GPS: 1) Can you use celestial navigation while IFR? Sure. The USAF has for ages. And does your sextant have to be "approved" in some way? There is no such requirement in the FARs. 2) Can you use dead reckoning for IFR navigation? If so, can you use your wrist watch as your "primary" timer? Or does it have to be an "installed" clock? And to do dead reckoning calculations, can you use a drugstore-bought calculator? An abacus? Or how about a handy "dead reckoning computer" that calculates ground speed and track? There is nothing in the FARs that prohibits any of that. I can understand that a handheld GPS is not supposed to be used as a substitute for VOR or DME or ADF (say for navigating along airways or for shooting instrument approaches). But can you not use one for flying off-airway routes without playing tricks (like pretending to double-check position with VOR/DME or asking ATC for a vector and then ignoring the heading they issue)? Yes, you can. Many people insist it is illegal but none of them has been able to find an FAR that supports that assertion. Many also insist it's a dangerous practice, but none of them has been able to identify any hazard induced by using a handheld GPS for enroute IFR navigation in US controlled airspace. |
#2
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IFR use of handheld GPS
Many people insist it is illegal but none of them has been
able to find an FAR that supports that assertion. Many people also insist that as a private pilot, "holding out" is illegal, but none of them have been able to find an FAR that supports their assertion. Jose -- The price of freedom is... well... freedom. for Email, make the obvious change in the address. |
#3
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IFR use of handheld GPS
Way off topic, Jose, but take a look at this from FAA Legal Opinions:
"Dear Mr. Brock: Letter, May 12, 1987 This letter is in reply to your letter dated May 12, 1987, You describe a proposed flight as a raffle prize for a charitable endeavor. The aircraft is a Beechcraft Bonanza owned by a partnership. The partnership consists of your wife and yourself. The aircraft is properly maintained. You are the exclusive pilot of the aircraft, but your class 2 medical certificate privileges have lapsed. The certificate, class 3 medical privileges, remain current. Your company raises money by various raffles, bake sales and donations for a needy family at Christmas time. The company is not itself a charitable organization. The fundraising is entirely voluntary and the activity is not officially sponsored by the company. The flight is to be a prize from a raffle. It will consist of a day or half a day's outing, probably including lunch at Big Bear Airport or Santa Barbara and return to Torrance Airport. There will be no compensation for the flight except that the fuel and the luncheons will be paid from the collected funds. You will donate all other expenses of operating the airplane and your time. All other raffle costs in excess of fuel and luncheon costs will be donated to the needy family. The raffle organization will, of course, represent to the prospective ticket purchasers that the flight is the prize, or one of the prizes for the winner. Section 61.118(a) of the Federal Aviation Regulations provides: (a) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if the flight is only incidental to that business or employment and the aircraft does not carry passengers or property for compensation or hire. {p1} As outlined above, it is our opinion that compensation for the flight exists in two forms: (1) the direct reimbursement for fuel, and (2) the acquisition of pilot in command time, which can be used to demonstrate aeronautical experience eligibility for an airman certificate. With respect to the latter form of compensation, the agency has consistently held that a private pilot does not share the expenses of a flight with his passengers by "donating" his pilot services, so as to fall within FAR 61.118(b). Also, the charitable cause is not incidental to the business of the pilot, that is, yourself, as directly related to the business enterprise, as required by FAR 61.118(a). Additionally, the flight, as the direct inducement for the raffle solicitation, is a charter type flight. The length of the flight removes it from the exception provided in the applicability statement at FAR 135.1(b)(2). Even if the solicitation is conceded to be of such limited scope as to not constitute a holding out to the public so as to constitute a flight in air transportation, that is, common carriage, a promise is made to the buyers of the raffle tickets to provide a service to the winners. The service has value. In short, the flight is a flight in air commerce of persons for compensation or hire as a commercial operator (not an air carrier) in a small aircraft. FAR 135.1(a)(3) applies. A Part 135 certificate is required. Sincerely, DeWITTE T. LAWSON, JR. Regional Counsel" "Jose" wrote in message t... Many people insist it is illegal but none of them has been able to find an FAR that supports that assertion. Many people also insist that as a private pilot, "holding out" is illegal, but none of them have been able to find an FAR that supports their assertion. Jose -- The price of freedom is... well... freedom. for Email, make the obvious change in the address. |
#4
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IFR use of handheld GPS
Way off topic, Jose, but take a look at this from FAA Legal Opinions[...]
As outlined above, it is our opinion that compensation for the flight exists in two forms: [...] and (2) the acquisition of pilot in command time, which can be used to demonstrate aeronautical experience eligibility for an airman certificate. I'm aware that the FAA has decided, without making rules, what constitutes "compensation". In my mind they are making this law up out of whole cloth, without going through a proper rulemaking procedure. Nonetheless, they will hang you on it. In like manner, I am convinced the FAA will hang you on reliance (not "use") on a handheld GPS in IMC under IFR. The FAA doesn't appear to need to make official rules. Thus my proposing the parallel. Jose -- The price of freedom is... well... freedom. for Email, make the obvious change in the address. |
#5
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IFR use of handheld GPS
Jose wrote:
Way off topic, Jose, but take a look at this from FAA Legal Opinions[...] As outlined above, it is our opinion that compensation for the flight exists in two forms: [...] and (2) the acquisition of pilot in command time, which can be used to demonstrate aeronautical experience eligibility for an airman certificate. I'm aware that the FAA has decided, without making rules, what constitutes "compensation". In my mind they are making this law up out of whole cloth, without going through a proper rulemaking procedure. Nonetheless, they will hang you on it. In like manner, I am convinced the FAA will hang you on reliance (not "use") on a handheld GPS in IMC under IFR. The FAA doesn't appear to need to make official rules. Thus my proposing the parallel. Jose A legal interp has the full force and effect of regulation. Keep in mind, FARs are federal civil law, so the FAA, like the IRS (in non-criminal tax cases) holds more cards than the "taxpayer." |
#6
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IFR use of handheld GPS
On Thu, 04 May 2006 18:58:22 GMT, Jose
wrote: Way off topic, Jose, but take a look at this from FAA Legal Opinions[...] As outlined above, it is our opinion that compensation for the flight exists in two forms: [...] and (2) the acquisition of pilot in command time, which can be used to demonstrate aeronautical experience eligibility for an airman certificate. I wonder what they'd say in my case as more hours wouldn't qualify me for anything including ratings. I'm aware that the FAA has decided, without making rules, what constitutes "compensation". In my mind they are making this law up out of whole cloth, without going through a proper rulemaking procedure. Nonetheless, they will hang you on it. In like manner, I am convinced the FAA will hang you on reliance (not They can "hang" you for relying on anything to the exclusion of something else. IE ... fixation. He was neglecting his scan and fixating on the AI, or altimeter, or making sure his passenger had their head in the "lunch bag", or he was watching the left wing as it broke off instead of flying the airplane, or maybe someone heard the pilot wasn't feeling good so he/she must have been flying when they shouldn't. I'm firmly of the opinion that any time something important breaks I should be some where else. Roger Halstead (K8RI & ARRL life member) (N833R, S# CD-2 Worlds oldest Debonair) www.rogerhalstead.com "use") on a handheld GPS in IMC under IFR. The FAA doesn't appear to need to make official rules. Thus my proposing the parallel. Jose |
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