Narrative:

I completed a flight in our G1159 with the owner of the aircraft. This is a far 135 aircraft on a far 91 flight. The aircraft was no longer available for charter flts, because it was not in compliance with far 135.152(B)(3) by not having a digital flight data recorder installed. Part 91 regulations do not require that data recorder, therefore I thought that a flight with the aircraft owner would be allowable. Unfortunately, I have found the interpretation of far 91.609 to include the requirements of far 135.152 to apply to part 91 flts if the aircraft is listed on an operators certificate under far 135. This issue should have been covered by our local FAA inspectors to prevent this type of situation. Callback conversation with the reporter revealed the following information: reporter stated that even though the aircraft was not yet equipped with the required digital data flight data recorder, it did have the old style and he thought that part 91 flts were okay. However, his review of part 91.609 made him aware that he did not meet the equipment requirement since the aircraft was still listed on the air carrier certificate operation specifications. He further stated that he had petitioned the FAA for an exemption for relief from this rule until the digital recorder was installed, which is in process. However, his continued follow up of the petition status reveals that it is still in FAA headquarters processing, but that a decision should be coming soon.

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Original NASA ASRS Text

Title: G1159 CAPT UNKNOWINGLY OPERATED THE ACFT ON A PART 91 FLT WITHOUT THE REQUIRED DIGITAL FLT DATA RECORDER REQUIRED UNDER SECTION 91.609 OF THE FARS.

Narrative: I COMPLETED A FLT IN OUR G1159 WITH THE OWNER OF THE ACFT. THIS IS A FAR 135 ACFT ON A FAR 91 FLT. THE ACFT WAS NO LONGER AVAILABLE FOR CHARTER FLTS, BECAUSE IT WAS NOT IN COMPLIANCE WITH FAR 135.152(B)(3) BY NOT HAVING A DIGITAL FLT DATA RECORDER INSTALLED. PART 91 REGULATIONS DO NOT REQUIRE THAT DATA RECORDER, THEREFORE I THOUGHT THAT A FLT WITH THE ACFT OWNER WOULD BE ALLOWABLE. UNFORTUNATELY, I HAVE FOUND THE INTERPRETATION OF FAR 91.609 TO INCLUDE THE REQUIREMENTS OF FAR 135.152 TO APPLY TO PART 91 FLTS IF THE ACFT IS LISTED ON AN OPERATORS CERTIFICATE UNDER FAR 135. THIS ISSUE SHOULD HAVE BEEN COVERED BY OUR LOCAL FAA INSPECTORS TO PREVENT THIS TYPE OF SIT. CALLBACK CONVERSATION WITH THE RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT EVEN THOUGH THE ACFT WAS NOT YET EQUIPPED WITH THE REQUIRED DIGITAL DATA FLT DATA RECORDER, IT DID HAVE THE OLD STYLE AND HE THOUGHT THAT PART 91 FLTS WERE OKAY. HOWEVER, HIS REVIEW OF PART 91.609 MADE HIM AWARE THAT HE DID NOT MEET THE EQUIP REQUIREMENT SINCE THE ACFT WAS STILL LISTED ON THE ACR CERTIFICATE OP SPECIFICATIONS. HE FURTHER STATED THAT HE HAD PETITIONED THE FAA FOR AN EXEMPTION FOR RELIEF FROM THIS RULE UNTIL THE DIGITAL RECORDER WAS INSTALLED, WHICH IS IN PROCESS. HOWEVER, HIS CONTINUED FOLLOW UP OF THE PETITION STATUS REVEALS THAT IT IS STILL IN FAA HEADQUARTERS PROCESSING, BUT THAT A DECISION SHOULD BE COMING SOON.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.