Legal Briefing

One Set Is Enough

About two years ago, a series of events raised turmoil over whether flight instruction and flight instructor tests could properly be given in aircraft that were not equipped with toe brakes on both the left and right sides. The first of these events occurred when an FAA inspector sent a warning letter to a flight instructor stating that the CFI was not in compliance with the federal aviation regulations (FARs) because the aircraft being used for flight instruction did not have dual-side toe brakes. This prompted the instructor and others to ask that the FAA provide an interpretation of the regulations.

While that request was being considered, another event occurred. This time, FAA inspectors from another FAA flight standards district office (FSDO) advised a flight school that a practical test for a flight instructor certificate could not legally be accomplished in an aircraft that was equipped with toe brakes on the pilot�s side of the aircraft but not on the flight instructor�s side. Understandably, this trend was disturbing to the CFI community because flight instruction and flight instructor tests had been conducted for years in aircraft without toe brakes installed on the rudder pedals on both sides of the aircraft. As a result, the FAA�s legal and flight standards offices issued, by my count, at least six documents interpreting the meaning of the regulations and specifically whether brakes were required to be duplicated in the aircraft for flight instruction purposes.

Three parts of the regulations were implicated by these events: FAR 91.109(a), FAR 61.45(b)(1), and FAR 61.45(c). FAR 91.109(a), �Flight instruction,� states that �No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.� FAR 61.45(b), �Required equipment (other than controls),� states that �(1) Except as provided in paragraph (b)(2) of this section, an aircraft used for a practical test must have�(i) The equipment for each area of operation required for the practical test.� FAR 61.45(c), �Required controls,� states that �An aircraft (other than a lighter-than-air aircraft) used for a practical test must have engine power controls and flight controls that are easily reached and operable in a conventional manner by both pilots, unless the examiner determines that the practical test can be conducted safely in the aircraft without the controls being easily reached.�

There was the question of whether �dual controls� in FAR 91.109(a) included braking for both pilot positions during instructional flight so that the intent of the regulation�to allow an instructor to take over the controls�was met. There was also the question of whether �required equipment� in FAR 61.45(b) included brakes for purposes of demonstrating taxiing and short field operations from the right seat during a flight instructor test. Similarly, there was the question of whether �controls� in FAR 61.45(c) included brakes in both pilot positions for conducting a practical flight instructor test. And there was the question of whether a hand brake, in the absence of available right-side toe brakes, would satisfy the regulations. The questions went on and on, and some of the answers seemingly sought to alter the interpretations traditionally accorded these terms.

In the end, after several tries at giving clear guidance on the meaning of the regulations and the method by which to comply with these regulations, we have come full circle back to interpreting these terms practically, as they had been traditionally interpreted and applied. That is, the term dual controls as it is used in FAR 91.109(a) does not include brakes, but rather refers to flight controls such as those that affect pitch, yaw, and roll.

The term controls as it is used in FAR 61.45(c) does not include brakes as the regulatory language specifically limits the term to �engine power controls� and �flight controls,� which brakes are not.

And, finally, the term equipment as it is used in FAR 61.45 (b)(1)(i) does not include brakes because, to the extent that brakes are necessary to demonstrate an operation, seats may be switched or direction given to apply and release the brakes. As the FAA summed up in a May 26, 2000, General Aviation Handbook Bulletin to FAA inspectors, �FAA�s previous and long-standing policy regarding this matter continues to apply and that civil aircraft with a single set of brakes, with or without a central handbrake, may continue to be used for flight instruction or practical tests IAW [in accordance with] all applicable provisions of 14 CFR.�

In other words, the news is good for pilots. You may take instruction or a flight test in an aircraft without dual brakes.