![]() Otherwise, if the pilot attempts a landing and wastes fuel that could be used toward going to the alternate, that’s illegal, too. ![]() The right and legal move is to land short of destination and refuel. Perhaps demonstrating restraint, the FAA replied that the pilot is always responsible, citing 91.3 and 91.103. Hard numbers help you comply with the regs because you can prove empirically that the numbers are accurate.Ī pilot asked when it would be legal to continue to the destination when it is no longer possible to reach the alternate and land within 45 minutes. Actual calculations trump book numbers, and it’s wise to track fuel consumption in any aircraft you fly regularly. “The operator’s data must be accurate and verifiable no matter the rate of fuel consumption the operator uses.” On a recent IFR cross-country, we used 31 gallons over 4.1 hours of Hobbs time, equaling 7.5 gph but the book said it would use 7.4. The FAA restated 91.167(a)(3): fuel consumption should be calculated at normal cruise speed. One question asked what rate of fuel consumption to use when calculating the 45-minute reserve requirement. Section 91.103(a) requires a PIC to become familiar with “all information concerning that flight.” Though no specific mention regarding fuel is made, “Failure to correctly interpret or translate into the correct amount of fuel required for flying time can constitute careless operation of an aircraft and therefore be a violation of 91.13.” This particular interpretation stemmed from a case where the “pilot did not determine the fuel on board prior to departure despite knowing of potential air traffic delays along his route.” Smart pilots would land short for fuel and avoid 91.13 altogether.Īnother pilot’s inquiry revealed another way to violate 91.13. A pilot might start an approach at the destination with adequate weather, but if the weather changes, a missed approach can be required, followed by diversion to the alternate.Ī pilot experiencing fuel exhaustion prior to reaching either airport or who declares an emergency for an expedited landing due to low fuel could be found to have operated the aircraft in a careless or reckless manner and be violated under 91.13. The FAA further reasoned that marginal weather can change rapidly. Obviously the plane will not land at both airports, but the missed approach fuel used in attempting to land at the destination equals, for the purposes of this rule, fuel to land the airplane.” The pilot must consider fuel needed for an approach and it is presumed that the pilot will land at the destination if able. The FAA counsel held that a pilot who fuels the aircraft “with only enough fuel to ‘attempt an approach’ would fall short of the regulatory requirement. The rule says nothing about “attempting” an approach or landing. He sought to clarify whether fuel for an approach and miss is required at the destination because 91.167 says only that the aircraft must have enough fuel “to complete the flight to the first airport of intended landing.” The interpretations can also offer some insight into how the FAA attorneys think.Ī retired Air Force colonel asked if 91.167 requires a pilot to have sufficient fuel to attempt an approach at the destination airport, fly to the alternate and have 45 minutes of fuel remaining once there. Sections 91.167, Fuel Requirements 91.175, Takeoff and Landing and 91.185 on communications failures generated the most correspondence, making them worth a closer look. You can find them by searching “FAA legal interpretations.” Recently the FAA posted legal interpretations and Chief Counsel’s opinions on their web site. ![]() For these reasons, it is possible to seek official and binding interpretations from FAA’s legal department, either through a direct request or possibly more onerous encounters with the regulations. ![]() While many of the regulations that govern our actions are clear, there are a large number that may seem vague or even leave room for unintended interpretations. ![]()
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