C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER D—AIRMEN › PART 65—CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS › Subpart B—Air Traffic Control Tower Operators

14 C.F.R. § 65.45

Performance of duties

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(a) An air traffic control tower operator shall perform his duties in accordance with the limitations on his certificate and the procedures and practices prescribed in air traffic control manuals of the FAA, to provide for the safe, orderly, and expeditious flow of air traffic.

(b) An operator with a facility rating may control traffic at any operating position at the control tower at which he holds a facility rating. However, he may not issue an air traffic clearance for IFR flight without authorization from the appropriate facility exercising IFR control at that location.

(c) An operator who does not hold a facility rating for a particular control tower may act at each operating position for which he has qualified, under the supervision of an operator holding a facility rating for that control tower.

[Docket 10193, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-16, 35 FR 14075, Sept. 4, 1970]
Notes of Decisions
Cited in 9 cases, 1973–2009 · leading case: Carol Wojciechowicz v. United States, 582 F.3d 57 (1st Cir. 2009).
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Carol Wojciechowicz v. United States, 582 F.3d 57 (1st Cir. 2009). · cites it 2× “A Federal Aviation Regulation ("FAR"), 14 C.F.R. § 65.45 (a), states that “[a]n air traffic control tower operator shall perform his duties in accordance with .”
Vera Zabala Clemente v. United States, 567 F.2d 1140 (1st Cir. 1978). “At the present time federal regulations require that “An air traffic control operator shall perform his duties in accordance with . . . the procedures and practices prescribed in air traffic control manuals of the FAA to provide for the safe, orderly, and expeditious flow of air…”
First of Am. Bank-Cent. v. United States, 639 F. Supp. 446 (W.D. Mich. 1986). · cites it 2× “The operational responsibilities of air traffic controllers are governed by 14 C.F.R. § 65.45 (a) 15 , which requires their compliance with the Air Traffic Control Manual (“ATCM”), FAA Order 7110.”
Allen v. United States, 370 F. Supp. 992 (E.D. Mo. 1973). · cites it 2× “" [3] Published pursuant to 14 CFR § 65.45 (a). [4] Handbook, supra at 5.”
Martin v. United States, 448 F. Supp. 855 (E.D. Ark. 1977). “” 14 C.F.R. § 65.45 (a); Terminal Air Traffic Control Manual 7110.”
In Re N-500L Cases, 517 F. Supp. 825 (D.P.R. 1981). “14 C.F.R. 65.45(a). The Air Traffic Control Manual instructs air traffic controllers to exercise their best judgment in situations not covered by the Air Traffic Control Procedures Manual.”
Ross v. United States, 640 F.2d 511 (5th Cir. 1981). “” The TATC provisions such as paragraph 1800 have the effect of FAA regulations since 14 C.F.R. § 65.45 (a) states: “An air traffic control tower operator shall perform his duties in accordance with the .”
Murff v. United States, 598 F. Supp. 290 (E.D. Tex. 1984). “” See 14 C.F.R. 65.45(a). FAA manuals further emphasize that controllers should be “intimately and continuously concerned with safety and the protection of life and property.”
Campos Viuda De Courtois v. United States, 778 F. Supp. 585 (D.P.R. 1991). “In the “forced handoff”, 6 the Radar Controller never advised the local controller that the plane was returning to the field, nor that communications had deteriorated to the point of being unintelligible.”
— 14 C.F.R. § 65.45(a) — 3 cases
Vera Zabala Clemente v. United States, 567 F.2d 1140 (1st Cir. 1978). “At the present time federal regulations require that “An air traffic control operator shall perform his duties in accordance with . . . the procedures and practices prescribed in air traffic control manuals of the FAA to provide for the safe, orderly, and expeditious flow of air…”
In Re N-500L Cases, 517 F. Supp. 825 (D.P.R. 1981). “14 C.F.R. 65.45(a). The Air Traffic Control Manual instructs air traffic controllers to exercise their best judgment in situations not covered by the Air Traffic Control Procedures Manual.”
Murff v. United States, 598 F. Supp. 290 (E.D. Tex. 1984). “” See 14 C.F.R. 65.45(a). FAA manuals further emphasize that controllers should be “intimately and continuously concerned with safety and the protection of life and property.”
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