Legal Briefing

Defining "All Available Information"

As we observed last month, as student pilots, we come to understand that there are many things that we must do that are critical to assuring the safety of the anticipated flight. Most of these safety tasks are rooted in the practical aspects of flying an aircraft, and some are specifically articulated as requirements in the regulations. There are several regulations that set out specific conduct that a pilot must accomplish prior to beginning a flight, from assuring that the pilot has a current medical and pilot certificate on hand, to the walk-around inspection of the aircraft and its documents. Among these regulations is one that is precisely titled, "Preflight action," which begins with language that may be described as a "catch-all" description of what a pilot must do before embarking on the flight. But, it also specifies certain actions that a pilot must accomplish before beginning the flight.

FAR 91.103 begins by stating, "Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight." The regulation goes on to state:

"...This information must include-

"(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;

"(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

"(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and,

"(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature."

We meet this regulatory obligation by becoming thoroughly familiar with the route of flight we are planning to take, including the boundaries of airspace and the location of obstructions, and with the frequencies we may need along our flight to obtain air traffic services. We contact an FAA Flight Service Station or some other aviation safety data system (such as DUAT) to obtain weather information and any other information that may restrict the operation of our flight and which we may not otherwise be aware of from the current charts and aeronautical publications. And, we generally consider where we're flying to assess whether there is any other pertinent information that we need to be aware of before starting out.

For IFR flights and flights not in the vicinity of an airport, the regulation directs that a pilot check weather, fuel, alternatives, and traffic delays. These preflight checks are the minimum checks directly required by this regulation on these types of flights. By implication, it might be argued that a VFR pilot on a local flight need not check this information. However, the more general language of the regulation, i.e., "...become familiar with all available information concerning that flight," may be used to reimpose some of this conduct on that VFR pilot, as do FARs 91.151 and 91.155, which specify the fueling requirement for VFR flight and the minimum weather requirements.

The regulation seeks to assure adequate runway availability considering aircraft performance, airport elevation, wind, and temperature. For those aircraft with approved flight manuals, this information must be used. For those aircraft without manuals that provide takeoff and landing distances, any other reliable information must be used, as it may be available. Note that the regulation only requires that the pilot become familiar with available information; if it is not available, the pilot is not required to search it out.

So you see, the regulation begins broadly and identifies what "all available information" includes, but not to the exclusion of what would otherwise generally apply to your flight. As with much of what is involved in flying an airplane, in addition to the minimums designated by the regulations, good sense and good judgment will help to define what you need to safely complete the flight.