14 C.F.R. § 121.153

Aircraft requirements: General

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(a) Except as provided in paragraph (c) of this section, no certificate holder may operate an aircraft unless that aircraft—

(1) Is registered as a civil aircraft of the United States and carries an appropriate current airworthiness certificate issued under this chapter; and

(2) Is in an airworthy condition and meets the applicable airworthiness requirements of this chapter, including those relating to identification and equipment.

(b) A certificate holder may use an approved weight and balance control system based on average, assumed, or estimated weight to comply with applicable airworthiness requirements and operating limitations.

(c) A certificate holder may operate in common carriage, and for the carriage of mail, a civil aircraft which is leased or chartered to it without crew and is registered in a country which is a party to the Convention on International Civil Aviation if—

(1) The aircraft carries an appropriate airworthiness certificate issued by the country of registration and meets the registration and identification requirements of that country;

(2) The aircraft is of a type design which is approved under a U.S. type certificate and complies with all of the requirements of this chapter (14 CFR Chapter 1) that would be applicable to that aircraft were it registered in the United States, including the requirements which must be met for issuance of a U.S. standard airworthiness certificate (including type design conformity, condition for safe operation, and the noise, fuel venting, and engine emission requirements of this chapter), except that a U.S. registration certificate and a U.S. standard airworthiness certificate will not be issued for the aircraft;

(3) The aircraft is operated by U.S.-certificated airmen employed by the certificate holder; and

(4) The certificate holder files a copy of the aircraft lease or charter agreement with the FAA Aircraft Registry, Department of Transportation, 6400 South MacArthur Boulevard, Oklahoma City, OK (Mailing address: P.O. Box 25504, Oklahoma City, OK 73125).

[Docket 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-165, 45 FR 68649, Oct. 16, 1980]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1976–2022 · leading case: GoJet Airlines, LLC v. Fed. Aviation Admin., 743 F.3d 1168 (8th Cir. 2014).

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GoJet Airlines, LLC v. Fed. Aviation Admin., 743 F.3d 1168 (8th Cir. 2014). · cites it 4× “GoJet first argues that it did not commit violations of 14 C.F.R. § 121.153 (a)(2), which prohibits operating an unairworthy aircraft, and 14 C.”

Mike Bruce v. Martin-Marietta Corp. & Ozark Airlines, Inc., 544 F.2d 442 (10th Cir. 1976). “Air carriers are limited in their choice of aircraft, 14 C.F.R. §§ 121.153 and 121.163, and are subjected to requirements for airworthiness, 14 C.”

Sw. Airlines Co. v. Arizona Dep't of Revenue, 175 P.3d 700 (Ariz. Ct. App. 2008). “” 14 C.F.R. § 121.153 (a) (2007). Significantly, FAA regulations forbid any airplane from taking off unless its “[i]n-struments and equipment required to comply with airworthiness requirements under which the airplane is type certificated” “are in operable condition.”

Rivera v. Spirit Airlines, Inc. (S.D. Fla. 2020). · cites it 2× “First, the amended complaint sets forth a federal regulation, 14 CFR 121.153, that Rivera contends Spirit violated.”

Binci v. Alaska Airlines, Inc. (D. Or. 2022). “37 (requiring air carrier to have and maintain a flight standards office); 14 C.F.R § 121.153 (requiring carrier to use an approved weight and balance system); 14 C.”

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