Regulation Text
(a) Each person operating a civil aircraft of U.S. registry outside of the United States shall—
(1) When over the high seas, comply with Annex 2 (Rules of the Air) to the Convention on International Civil Aviation and with §§ 91.117(c), 91.127, 91.129, and 91.131;
(2) When within a foreign country, comply with the regulations relating to the flight and maneuver of aircraft there in force;
(3) Except for §§ 91.117(a), 91.307(b), 91.309, 91.323, and 91.711, comply with this part so far as it is not inconsistent with applicable regulations of the foreign country where the aircraft is operated or Annex 2 of the Convention on International Civil Aviation; and
(4) When operating within airspace designated as Reduced Vertical Separation Minimum (RVSM) airspace, comply with § 91.706.
(5) For aircraft subject to ICAO Annex 16, carry on board the aircraft documents that summarize the noise operating characteristics and certifications of the aircraft that demonstrate compliance with this part and part 36 of this chapter.
(b) Annex 2 to the Convention on International Civil Aviation, Rules of the Air, Tenth Edition—July 2005, with Amendments through Amendment 45, applicable November 10, 2016, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the FAA must publish a document in the Federal Register and the material must be available to the public. All approved material is available for inspection at U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590 and is available from the International Civil Aviation Organization (ICAO), Marketing and Customer Relations Unit, 999 Robert Bourassa Boulevard, Montreal, Quebec H3C 5H7, Canada; http://store1.icao.int/; or by contacting the ICAO Marketing and Customer Relations Unit by telephone at 514-954-8022 or by email at sales@icao.int. For questions about ICAO Annex 2, contact the FAA's Office of International Affairs at (202) 267-1000. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
[Docket 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR 65661, Dec. 17, 1991; Amdt. 91-254, 62 FR 17487, Apr. 9, 1997; 69 FR 18803, Apr. 9, 2004; Amdt. 91-299, 73 FR 10143, Feb. 26, 2008; Amdt. 91-312, 75 FR 9333, Mar. 2, 2010; Docket FAA-2016-9154, Amdt. 91-348, 82 FR 39664, Aug. 22, 2017]
Research Notes
Section 91.703 — Operations of civil aircraft of U.S. registry outside of the United States — establishes the operating rule framework for N-registered aircraft operating internationally.
The compliance rule: When operating outside U.S. airspace, an N-registered aircraft must comply with:
- (a) The standards of the country in which the operation takes place (the 'host nation' rules); AND
- (b) The applicable provisions of Part 91 (the FAA rules that follow the aircraft).
The 'higher of the two' principle: Where U.S. and host-nation rules differ, the more restrictive applies. A U.S.-registered Cessna in the Bahamas must comply with both Bahamian regulations AND U.S. Part 91 — meaning the pilot must meet the higher of either standard for each regulatory area.
Specific FAA rules that apply outside the U.S.:
- Section 91.17 (alcohol and drugs) — follows the aircraft globally
- Section 91.19 (drug carriage) — also global
- Section 91.23 (truth-in-leasing) — applies internationally
- Section 91.205 / 91.215 (equipment) — applies to U.S.-registered aircraft globally
- Section 91.7 (airworthiness) — applies globally
Specific FAA rules that do NOT follow: Local airspace, ATC, and operating procedures are governed by the host country. The host country's airport operating rules, customs requirements, and aviation legislation control.
Reference: FAA International Affairs; ICAO Doc 7300 (Chicago Convention).
Amendment History
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