Regulation Text
(a) 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. However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when—
(1) The instructor has determined that the flight can be conducted safely; and
(2) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.
(b) An airplane equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a flight review required by § 61.56 of this chapter, or to obtain recent flight experience or an instrument proficiency check required by § 61.57 when—
(1) The airplane is equipped with operable rudder pedals at both pilot stations;
(2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during the entire flight;
(3) The instructor is current and qualified to serve as pilot in command of the airplane, meets the requirements of § 61.195(b), and has logged at least 25 hours of pilot-in-command flight time in the make and model of airplane; and
(4) The pilot in command and the instructor have determined the flight can be conducted safely.
(c) No person may operate a civil aircraft in simulated instrument flight unless—
(1) The other control seat is occupied by a safety pilot who possesses at least:
(i) A private pilot certificate with category and class ratings appropriate to the aircraft being flown; or
(ii) For purposes of providing training for a solo cross-country endorsement under § 61.93 of this chapter, a flight instructor certificate with an appropriate sport pilot rating and meets the requirements of § 61.412 of this chapter.
(2) The safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in the aircraft adequately supplements the vision of the safety pilot; and
(3) Except in the case of lighter-than-air aircraft, that aircraft is equipped with fully functioning dual controls. However, simulated instrument flight may be conducted in a single-engine airplane, equipped with a single, functioning, throwover control wheel, in place of fixed, dual controls of the elevator and ailerons, when—
(i) The safety pilot has determined that the flight can be conducted safely; and
(ii) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.
(d) No person may operate a civil aircraft that is being used for a flight test for an airline transport pilot certificate or a class or type rating on that certificate, or for a part 121 proficiency flight test, unless the pilot seated at the controls, other than the pilot being checked, is fully qualified to act as pilot in command of the aircraft.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-324, 76 FR 54107, Aug. 31, 2011; Amdt. 61-142, 83 FR 30281, June 27, 2018]
Research Notes
Section 91.109 governs flight instruction operations. It contains the famous 'fully functioning dual controls' requirement plus rules for simulated instrument flight and the unique simulated-engine-failure rule for single-engine aircraft.
Dual controls requirement (paragraph a): No person may give flight instruction in an aircraft unless that aircraft has fully functioning dual controls. Two exceptions: (1) single-engine airplanes used for primary instruction may have a throwover control wheel rather than dual controls in lieu of fixed dual controls, in certain circumstances; and (2) instrument flight instruction may be conducted in airplanes equipped with single, functioning dual controls under specific conditions described in paragraph (a)(1).
Simulated instrument flight (paragraph c): No person may operate a civil aircraft in simulated instrument flight unless: (1) the safety pilot occupies the other control seat; (2) the safety pilot has at least a private pilot certificate with appropriate category and class ratings; (3) the aircraft is equipped with fully functioning dual controls (with limited exceptions in paragraph c(1)); AND (4) the safety pilot has adequate vision forward and to each side or, if not, a competent observer is in the aircraft to compensate. Simulated instrument flight under the hood without a safety pilot is illegal — full stop.
Simulated engine failure in single-engine aircraft (paragraph d): No person may simulate engine failure on takeoff in single-engine airplanes carrying a passenger. The pre-takeoff simulated engine failure is recognized as one of the leading-cause maneuvers for accidents, and the FAA prohibits it in single-engine ops with passengers aboard.
Simulated engine failure in multi-engine aircraft (paragraphs e-h): Different rules for piston-twin and turbine multiengine aircraft. The 400 AGL minimum altitude rule applies to certain training maneuvers in multiengine aircraft — see § 91.109(e)-(h) for specifics on simulated engine failures in twins.
Reference: FAA-H-8083-3C (Airplane Flying Handbook) Chapters on emergency operations and training maneuvers; FAA-H-8083-15B (Instrument Flying Handbook) on simulated instrument flight.
Amendment History
Amendment History Coming Soon
Every time this regulation changes, we'll record it here — the date, what was amended, and a plain-English summary of what shifted.