14 C.F.R. § 61.3

Requirement for certificates, ratings, privileges, and authorizations

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(a) Required pilot certificate for operating a civil aircraft of the United States. No person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person:

(1) Has in the person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization—

(i) A pilot certificate issued under this part and in accordance with § 61.19;

(ii) A special purpose pilot authorization issued under § 61.77;

(iii) A temporary certificate issued under § 61.17;

(iv) A document conveying temporary authority to exercise certificate privileges issued by the Airmen Certification Branch under § 61.29(e);

(v) When engaged in a flight operation within the United States for a part 119 certificate holder authorized to conduct operations under part 121 or 135 of this chapter, a temporary document provided by that certificate holder under an approved certificate verification plan;

(vi) When engaged in a flight operation within the United States for a fractional ownership program manager authorized to conduct operations under part 91, subpart K, of this chapter, a temporary document provided by that program manager under an approved certificate verification plan; or

(vii) When operating an aircraft within a foreign country, a pilot license issued by that country may be used.

(2) Has a photo identification that is in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. The photo identification must be a:

(i) Driver's license issued by a State, the District of Columbia, or territory or possession of the United States;

(ii) Government identification card issued by the Federal government, a State, the District of Columbia, or a territory or possession of the United States;

(iii) U.S. Armed Forces' identification card;

(iv) Official passport;

(v) Credential that authorizes unescorted access to a security identification display area at an airport regulated under 49 CFR part 1542; or

(vi) Other form of identification that the Administrator finds acceptable.

(b) Required pilot certificate for operating a foreign-registered aircraft within the United States. No person may serve as a required pilot flight crewmember of a civil aircraft of foreign registry within the United States, unless—

(1) That person's pilot certificate or document issued under § 61.29(e) is in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate; and

(2) Has been issued in accordance with this part, or has been issued or validated by the country in which the aircraft is registered.

(c) Medical certificate. (1) A person may serve as a required pilot flight crewmember of an aircraft only if that person holds the appropriate medical certificate issued under part 67 of this chapter, or other documentation acceptable to the FAA, that is in that person's physical possession or readily accessible in the aircraft. Paragraph (c)(2) of this section provides certain exceptions to the requirement to hold a medical certificate.

(2) A person is not required to meet the requirements of paragraph (c)(1) of this section if that person—

(i) Is exercising the privileges of a student pilot certificate while seeking a pilot certificate with a glider category rating, a balloon class rating, or glider or balloon privileges;

(ii) Is exercising the privileges of a student pilot certificate while seeking a sport pilot certificate with other than glider or balloon privileges and holds a U.S. driver's license;

(iii) Is exercising the privileges of a student pilot certificate while seeking a pilot certificate with a weight-shift-control aircraft category rating or a powered parachute category rating and holds a U.S. driver's license;

(iv) Is exercising the privileges of a sport pilot certificate with glider or balloon privileges;

(v) Is exercising the privileges of a sport pilot certificate with other than glider or balloon privileges and holds a U.S. driver's license. A person who has applied for or held a medical certificate may exercise the privileges of a sport pilot certificate using a U.S. driver's license only if that person—

(A) Has been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or her most recent application; and

(B) Has not had his or her most recently issued medical certificate suspended or revoked or most recent Authorization for a Special Issuance of a Medical Certificate withdrawn.

(vi) Is holding a pilot certificate with a balloon class rating and that person—

(A) Is exercising the privileges of a private pilot certificate in a balloon; or

(B) Is providing flight training in a balloon in accordance with § 61.133(a)(2)(ii);

(vii) Is holding a pilot certificate or a flight instructor certificate with a glider category rating, and is piloting or providing training in a glider, as appropriate;

(viii) Is exercising the privileges of a flight instructor certificate, provided the person is not acting as pilot in command or as a required pilot flight crewmember;

(ix) Is exercising the privileges of a ground instructor certificate;

(x) Is operating an aircraft within a foreign country using a pilot license issued by that country and possesses evidence of current medical qualification for that license;

(xi) Is operating an aircraft with a U.S. pilot certificate, issued on the basis of a foreign pilot license, issued under § 61.75, and holds a medical certificate issued by the foreign country that issued the foreign pilot license, which is in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that airman certificate;

(xii) Is a pilot of the U.S. Armed Forces, has an up-to-date U.S. military medical examination, and holds military pilot flight status;

(xiii) Is exercising the privileges of a student, recreational or private pilot certificate for operations conducted under the conditions and limitations set forth in § 61.113(i) and holds a U.S. driver's license;

(xiv) Is exercising the privileges of a flight instructor certificate and acting as pilot in command or a required flightcrew member for operations conducted under the conditions and limitations set forth in § 61.113(i) and holds a U.S. driver's license; or

(xv) Is exercising the privileges of a student pilot certificate or higher while acting as pilot in command on a special medical flight test authorized under part 67 of this chapter.

(d) Flight instructor certificate. (1) A person who holds a flight instructor certificate issued under this part must have that certificate, or other documentation acceptable to the Administrator, in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that flight instructor certificate.

(2) Except as provided in paragraph (d)(3) of this section, no person other than the holder of a flight instructor certificate issued under this part with the appropriate rating on that certificate may—

(i) Give training required to qualify a person for solo flight and solo cross-country flight;

(ii) Endorse an applicant for a—

(A) Pilot certificate or rating issued under this part;

(B) Flight instructor certificate or rating issued under this part; or

(C) Ground instructor certificate or rating issued under this part;

(iii) Endorse a pilot logbook to show training given; or

(iv) Endorse a logbook for solo operating privileges.

(3) A flight instructor certificate issued under this part is not necessary—

(i) Under paragraph (d)(2) of this section, if the training is given by the holder of a commercial pilot certificate with a lighter-than-air rating, provided the training is given in accordance with the privileges of the certificate in a lighter-than-air aircraft;

(ii) Under paragraph (d)(2) of this section, if the training is given by the holder of an airline transport pilot certificate with a rating appropriate to the aircraft in which the training is given, provided the training is given in accordance with the privileges of the certificate and conducted in accordance with an approved air carrier training program approved under part 121 or part 135 of this chapter;

(iii) Under paragraph (d)(2) of this section, if the training is given by a person who is qualified in accordance with subpart C of part 142 of this chapter, provided the training is conducted in accordance with an approved part 142 training program;

(iv) Under paragraphs (d)(2)(i), (d)(2)(ii)(C), and (d)(2)(iii) of this section, if the training is given by the holder of a ground instructor certificate in accordance with the privileges of the certificate; or

(v) Under paragraph (d)(2)(iii) of this section, if the training is given by an authorized flight instructor under § 61.41 of this part.

(e) Instrument rating. No person may act as pilot in command of a civil aircraft under IFR or in weather conditions less than the minimums prescribed for VFR flight unless that person holds:

(1) The appropriate aircraft category, class, type (if a class or type rating is required), and instrument rating on that person's pilot certificate for any airplane, helicopter, or powered-lift being flown;

(2) An airline transport pilot certificate with the appropriate aircraft category, class, and type rating (if a class or type rating is required) for the aircraft being flown;

(3) For a glider, a pilot certificate with a glider category rating and an airplane instrument rating; or

(4) For an airship, a commercial pilot certificate with a lighter-than-air category rating and airship class rating.

(f) Category II pilot authorization. Except for a pilot conducting Category II operations under part 121 or part 135, a person may not:

(1) Act as pilot in command of a civil aircraft during Category II operations unless that person—

(i) Holds a Category II pilot authorization for that category or class of aircraft, and the type of aircraft, if applicable; or

(ii) In the case of a civil aircraft of foreign registry, is authorized by the country of registry to act as pilot in command of that aircraft in Category II operations.

(2) Act as second in command of a civil aircraft during Category II operations unless that person—

(i) Holds a pilot certificate with category and class ratings (if a class rating is required) for that aircraft and an instrument rating for that category aircraft;

(ii) Holds an airline transport pilot certificate with category and class ratings (if a class rating is required) for that aircraft; or

(iii) In the case of a civil aircraft of foreign registry, is authorized by the country of registry to act as second in command of that aircraft during Category II operations.

(g) Category III pilot authorization. Except for a pilot conducting Category III operations under part 121 or part 135, a person may not:

(1) Act as pilot in command of a civil aircraft during Category III operations unless that person—

(i) Holds a Category III pilot authorization for that category or class of aircraft, and the type of aircraft, if applicable; or

(ii) In the case of a civil aircraft of foreign registry, is authorized by the country of registry to act as pilot in command of that aircraft in Category III operations.

(2) Act as second in command of a civil aircraft during Category III operations unless that person—

(i) Holds a pilot certificate with category and class ratings (if a class rating is required) for that aircraft and an instrument rating for that category aircraft;

(ii) Holds an airline transport pilot certificate with category and class ratings (if a class rating is required) for that aircraft; or

(iii) In the case of a civil aircraft of foreign registry, is authorized by the country of registry to act as second in command of that aircraft during Category III operations.

(h) Category A aircraft pilot authorization. The Administrator may issue a certificate of authorization for a Category II or Category III operation to the pilot of a small aircraft that is a Category A aircraft, as identified in § 97.3(b)(1) of this chapter if:

(1) The Administrator determines that the Category II or Category III operation can be performed safely by that pilot under the terms of the certificate of authorization; and

(2) The Category II or Category III operation does not involve the carriage of persons or property for compensation or hire.

(i) Ground instructor certificate. (1) Each person who holds a ground instructor certificate issued under this part must have that certificate or a temporary document issued under § 61.29(e) in that person's physical possession or immediately accessible when exercising the privileges of that certificate.

(2) Except as provided in paragraph (i)(3) of this section, no person other than the holder of a ground instructor certificate, issued under this part or part 143, with the appropriate rating on that certificate may—

(i) Give ground training required to qualify a person for solo flight and solo cross-country flight;

(ii) Endorse an applicant for a knowledge test required for a pilot, flight instructor, or ground instructor certificate or rating issued under this part; or

(iii) Endorse a pilot logbook to show ground training given.

(3) A ground instructor certificate issued under this part is not necessary—

(i) Under paragraph (i)(2) of this section, if the training is given by the holder of a flight instructor certificate issued under this part in accordance with the privileges of that certificate;

(ii) Under paragraph (i)(2) of this section, if the training is given by the holder of a commercial pilot certificate with a lighter-than-air rating, provided the training is given in accordance with the privileges of the certificate in a lighter-than-air aircraft;

(iii) Under paragraph (i)(2) of this section, if the training is given by the holder of an airline transport pilot certificate with a rating appropriate to the aircraft in which the training is given, provided the training is given in accordance with the privileges of the certificate and conducted in accordance with an approved air carrier training program approved under part 121 or part 135 of this chapter;

(iv) Under paragraph (i)(2) of this section, if the training is given by a person who is qualified in accordance with subpart C of part 142 of this chapter, provided the training is conducted in accordance with an approved part 142 training program; or

(v) Under paragraph (i)(2)(iii) of this section, if the training is given by an authorized flight instructor under § 61.41 of this part.

(j) Age limitation for certain operations. (1) Age limitation. No person who holds a pilot certificate issued under this part may serve as a pilot on a civil airplane of U.S. registry in the following operations if the person has reached his or her 60th birthday or, in the case of operations with more than one pilot, his or her 65th birthday:

(i) Scheduled international air services carrying passengers in turbojet-powered airplanes;

(ii) Scheduled international air services carrying passengers in airplanes having a passenger-seat configuration of more than nine passenger seats, excluding each crewmember seat;

(iii) Nonscheduled international air transportation for compensation or hire in airplanes having a passenger-seat configuration of more than 30 passenger seats, excluding each crewmember seat; or

(iv) Scheduled international air services, or nonscheduled international air transportation for compensation or hire, in airplanes having a payload capacity of more than 7,500 pounds.

(2) Definitions. (i) “International air service,” as used in this paragraph (j), means scheduled air service performed in airplanes for the public transport of passengers, mail, or cargo, in which the service passes through the airspace over the territory of more than one country.

(ii) “International air transportation,” as used in this paragraph (j), means air transportation performed in airplanes for the public transport of passengers, mail, or cargo, in which the service passes through the airspace over the territory of more than one country.

(k) Special purpose pilot authorization. Any person that is required to hold a special purpose pilot authorization, issued in accordance with § 61.77 of this part, must have that authorization and the person's foreign pilot license in that person's physical possession or have it readily accessible in the aircraft when exercising the privileges of that authorization.

(l) Inspection of certificate. Each person who holds an airman certificate, temporary document in accordance with paragraph (a)(1)(v) or (vi) of this section, medical certificate, documents establishing alternative medical qualification under part 68 of this chapter, authorization, or license required by this part must present it and their photo identification as described in paragraph (a)(2) of this section for inspection upon a request from:

(1) The Administrator;

(2) An authorized representative of the National Transportation Safety Board;

(3) Any Federal, State, or local law enforcement officer; or

(4) An authorized representative of the Transportation Security Administration.

(m) For a person who possesses a sport pilot certificate. No person may exercise sport pilot privileges under § 61.313 unless that person receives a qualifying logbook endorsement under § 61.317 or § 61.321 of this part for the appropriate category and class privilege. The requirement in this paragraph (m) does not apply to a person who already holds the appropriate category and class rating on their pilot certificate.

[Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40894, July 30, 1997; Amdt. 61-111, 67 FR 65861, Oct. 28, 2002; Amdt. 61-110, 69 FR 44864, July 27, 2004; Amdt. 61-123, 74 FR 34234, July 15, 2009; Amdt. 61-124, 74 FR 42546, Aug. 21, 2009; Amdt. 61-124A, 74 FR 53644, Oct. 20, 2009; Amdt. 61-131, 78 FR 56828, Sept. 16, 2013; Amdt. 61-134, 80 FR 33400, June 12, 2015; Docket FAA-2010-1127, Amdt. 61-135, 81 FR 1306, Jan. 12, 2016; Docket FAA-2016-9157, Amdt. 61-140, 82 FR 3164, Jan. 11, 2017; Amdt. 60-6, 83 FR 30276, June 27, 2018; Docket FAA-2021-1040, Amdt. 61-152, 87 FR 71236, Nov. 22, 2022; Docket FAA-2021-1040, Amdt. 61-152, 87 FR 71236, Nov. 22, 2022; FAA-2023-1275, Amdt. 61-157, 89 FR 92484, Nov. 21, 2024; FAA-2023-1377, Amdt. 61-159, 90 FR 35211, July 24, 2025]
Notes of Decisions
Cited in 74 cases (10 in the last 5 years), 1965–2026 · leading case: Fed. Aviation Admin. v. Cooper, 132 S. Ct. 1441 (2012).
Fed. Aviation Admin. v. Cooper, 132 S. Ct. 1441 (2012). “14 CFR §§ 61.3 (a), (c) (2011). Pilots must periodically renew their medical certificates to ensure compliance with FAA medical standards.”
Martin Ventress v. Japan Airlines, 747 F.3d 716 (9th Cir. 2014). · cites it 2× “14 C.F.R. § 61.3 . The agency has delegated the power to deny or issue such medical certificates to the Federal Air Surgeon.”
Am. Petroleum Inst. v. Env't Prot. Agency, 862 F.3d 50 (D.C. Cir. 2017). · cites it 2× “If subparagraph (iii) qualifies as draconian, then so too would countless other run-of-the-mill requirements that entities file applications and keep certificates on hand: like those for pilots, see 14 C.F.R. § 61.3 ; id. § 61.123, elevator operators, see D.”
United States v. Capelli, 37 F.4th 833 (2d Cir. 2022). · cites it 2× “2 14 C.F.R. §§ 61.3 (l)(3), 61.51(i)(1)(iii).”
Olivares v. Transp. Sec. Admin., 819 F.3d 454 (D.C. Cir. 2016). “§ 44711 (a)(2); see also 14 C.F.R. § 61.3 (a). For large aircraft, pilots must obtain additional certification known as a Type Rating.”
United States v. Louis Luyten, 966 F.3d 329 (5th Cir. 2020). · cites it 2× “See 14 C.F.R. § 61.3 (a). To ensure pilots are physically able to perform their duties, 14 C.”
Friedman v. Fed. Aviation Admin., 841 F.3d 537 (D.C. Cir. 2016). “, 14 C.F.R. § 61.3 (a) & (c). The FAA lists a number of conditions generally disqualifying for any class of medical certification, among them a “medical history or clinical diagnosis of diabetes mellitus that requires insulin or any other hypoglycemic drug for control,”…”
United States Fire Ins. Co. v. Marr's Short Stop of Texas, Inc., 680 S.W.2d 3 (Tex. 1984). · cites it 3× “Marr filed an unauthorized IFR flight plan in violation of Federal Aviation Regulations, 14 C.F.R. § 61.3 (e) (1983), [1] and it was on the basis of that plan that he would receive clearance from the airport by way of Lake Charles, Waco, and Fort Worth Meacham Field.”
Cooper v. Fed. Aviation Admin., 622 F.3d 1016 (9th Cir. 2010). · cites it 2× “14 C.F.R. § 61.3 (a), (c). The FAA requires that a pilot periodically renew his or her medical certificate to ensure that the pilot satisfies current FAA medical requirements.”
South Carolina Ins. v. Collins Ex Rel. Est. of Collins, 237 S.E.2d 358 (S.C. 1977). · cites it 2× “1 See 14 C.F.R. § 61.3 (c) and § 61.23(c) (1976).”
United States v. Samantha D. Lopez Ronald J. McIntosh, 885 F.2d 1428 (9th Cir. 1989). “Pursuant to 14 C.F.R. § 61.3 (a) (1988), "[n]o person may act as a pilot in command or in any other capacity as a required pilot flight crew member of a civil aircraft of United States registry unless he has in his personal possession a current pilot certificate.”
Royal Indem. Co. v. John F. Cawrse Lumber Co., 245 F. Supp. 707 (D. Or. 1965). · cites it 3× “14 C.F.R. § 61.3 (c) (1963). “(c) Medical certificate.”
— 14 C.F.R. § 61.3(c) — 2 cases
Michelle Renee Sigman, on Her Behalf & as Guardian Ad Litem for James Douglas Sigman, a Minor, & as Pers. Rep. of Taylor McKenzie Sigman Deceased James Douglas Sigman a Minor Taylor McKenzie Sigman, Deceased, Planlaintiffs-Appelants v. United States of Am., Lorraine T. Murray, a Single Woman v. United States of Am., Hazel Roberts, Wife Harold Roberts, Husband v. United States of Am., Marilyn Moe v. United States of Am., Marlene Moe, on Her Own Behalf Melisa Moe, Minor, by & Through Her Guardian Ad Litem Kelly Moe, Minor, by & Through the Guardian Ad Litem v. United States of Am., Selma Jones, on Her Own Behalf, & Bryan Joseph (Bj) Hansen, a Minor, by & Through His Guardian Ad Litem v. United States of Am., Eva Irene Walch, Plaintiff-Appelant v. United States of Am., Tiffany Williams, Individually & on Behalf of Sean Williams & Hali Williams, Her Minor Child. v. United States of Am., Ruth Gerken v. United States of Am., Sandee Wold, Individually & on Behalf of Her Minor Child., Anthony Zuchetto & Janessa Zucchetto, United States of Am., Rande Lindner, as the Duly Appointed & Qualified Pers. Rep. of the Estae of Anita Louise Lindner, Deceased, for the Benefit of Rande Lindner, Anastasia L. Lindner, Richard L. Lindner, Robert M. Lindner & Candice M. Lindner v. United States of Am., Samuel Alton Spencer, a Minor by & Through His Guardian Ad Litem v. United States of Am., Selma Jones v. United States of Am., Gregory Paul McCarron Husband Gregory Pual McCarron on Behalf of Ryan William John McCarron His Minor Child as Pers. Represtatvie of the Estae of Christian Franics McCarron Deceased Echo Ann McCarron Wife Ryan William John McCarron a Minor Child, Christian Francis Mc Carron, Deceased, Est. of v. United States of Am., Heather Ford, a Single Woman, Ledeana Kelley, Wife Shawn Kelley, Husband Rebecca Kelley, a Minor v. United States of Am., Ashely N. Williams, a Minor, by & Through Her Nat. Father & Guardian Ad Litem, Sean Williams Sean Tyler Williams, Guardian Ad Litem v. United States of Am., Michelle Renee Sigman, on Her Behalf & as Guardian Ad Litem for James Douglas Sigman, a Aminor, & as Pers. Arepresentative of Taylor McKenzie Asigman, Deceased James Douglas Asigman, a Minor Taylor Amckenzie Sigman, Deceased Lorraine T. Murray, a Single Awoman Hazel Roberts, Wife Aharold Roberts, Husband Pauline Brown Marilyn Moe Amarlene Moe, on Her Own Behalf Melissa Moe, Minor, by & Athrough Her Guardian Ad Litem Akelly Moe, Minor, by & Athrough the Guardian Ad Litem Aselma Jones, on Her Own Behalf Aand Bryan Joseph (Bj) Hansen, a Aminor, by & Through His Aguardian Ad Litem Eva Irene Walch Tiffany Williams, Individually & on Behalf of Sean Williams & Hali Williams, Her Minor Child. Ruth Gerken Sandee Wold, Individually & on Behalf of Her Minor Child. Rande Lindner, as the Duly Appointed & Qualified Pers. Rep. of the Est. of Anita Louise Lindner, Deceased, for the Benefit of Rande Lindner, Anastasia L. Lindner, Richard L. Lindner, Robert M. Lindner & Candice M. Lindner Samuel Alton Spencer, a Minor by & Through His Guardian Ad Litem Selma Jones J. Arthur Zucchetto Gregory Paul McCarron Husband Gregory Paul McCarron on Behalf of Ryan William John McCarron His Minor Child as Pers. Rep. of the Est. of Christian Francis McCarron Deceased Echo Ann McCarron Wife Ryan William John McCarron a Minor Child Christian Francis McCarron Deceased, Est. of Heather Ford, a Single Woman Ledeana Kelley, Wife Shawn Kelley, Husband Rebecca Kelley, a Minor Ashley N. Williams, a Minor, by & Through Her Nat. Father & Guardian Ad Litem, Sean Williams Sean Tyler Williams, Guardian Ad Litem v. United States, 208 F.3d 760 (9th Cir. 2000).
Ins. Co. of Pa. v. Mather, 37 Pa. D. & C.3d 115 (1985).
— 14 C.F.R. § 61.3(f) — 1 case
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