14 C.F.R. § 91.3

Responsibility and authority of the pilot in command

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(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

(b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.

(c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.

(Approved by the Office of Management and Budget under control number 2120-0005)
Notes of Decisions
Cited in 140 cases (14 in the last 5 years), 1967–2026 · leading case: Zephyr Aviation, L.L.C., Zephyr Aviation, L.L.C. v. Robert Alan Dailey, Also Known as Bob Dailey Kenneth Wayne Clary, Also Known as Ken Clary, 247 F.3d 565 (5th Cir. 2001).
Zephyr Aviation, L.L.C., Zephyr Aviation, L.L.C. v. Robert Alan Dailey, Also Known as Bob Dailey Kenneth Wayne Clary, Also Known as Ken Clary, 247 F.3d 565 (5th Cir. 2001). · cites it 2× “” On May 12, 1998 an amended aircraft condition notice was issued and attached to the Jet which specified that the Jet’s airworthiness certificate was “invalid” because of unrecorded flight time and failure to comply with sections of 14 C.F.R. § 91.3 . 2 On May 15, Zephyr…”
Turner v. United States, 736 F. Supp. 2d 980 (M.D.N.C. 2010). · cites it 5× “14 C.F.R. § 91.3 Pilot-in-Command........”
Gross v. Nova Chemicals Servs., Inc., 161 A.3d 257 (Pa. Super. Ct. 2017). · cites it 2× “Under [the Federal Aviation Act (FAA)], 14 CFR 91.3(a), the pilot in command is “directly responsible for, and is the final authority as to the operation of the aircraft.”
In Re Air Crash Disaster at John F. Kennedy Int'l Airport on June 24, 1975, 635 F.2d 67 (2d Cir. 1980). · cites it 2× “Admitted, except that the pilot remained in final authority and had full responsibility for the safety of the flight pursuant to 14 C.F.R. 91.3, 121.533." (App. p. A126) "17.”
Crout v. Haverfield Int'l, Inc., 269 F. Supp. 3d 90 (W.D.N.Y. 2017). · cites it 2× “199 et seq. (“FARs”), FAR 91.3 declares that “[t]he pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.”
Fagerquist v. W. Sun Aviation, Inc., 191 Cal. App. 3d 709 (Cal. Ct. App. 1987). · cites it 2× “' 14 C.F.R. § 91.3 (a) (1978) ... `No person may operate a civil aircraft unless it is in airworthy condition, .”
Wainwright's Vacations, LLC v. Pan Am. Airways Corp., 130 F. Supp. 2d 712 (D. Maryland 2001). “” 14 C.F.R. § 91.3 . This regulation is not applicable to the facts of this case because Captain Andersen’s remarks were not related to his position as captain or to any duty he was required to perform.”
Cerqueira v. Am. Airlines, Inc., 520 F.3d 1 (1st Cir. 2008). · cites it 2× “14 C.F.R. § 91.3 (a). In other words, the pilot in command stands in the role of the air carrier for a decision to remove a pas *13 senger from a flight.”
Craig Test Boring Co. v. Saudi Arabian Airlines Corp., 138 F. Supp. 2d 553 (S.D.N.Y. 2001). · cites it 2× ““The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.”
Michael Foss, a Minor v. United States, 623 F.2d 104 (9th Cir. 1980). · cites it 4× “relies state that the “pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of the aircraft” ( 14 CFR § 91.3 ) and he must familiarize himself “with all available information” concerning a flight ( 14 CFR § 91.”
Airplanes of Boca, Inc. v. United States Ex Rel. Fed. Aviation Admin., 254 F. Supp. 2d 1304 (S.D. Fla. 2003). · cites it 4× “14 C.F.R. § 91.3 (a). (b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.”
Associated Aviation Underwriters v. United States, 462 F. Supp. 674 (N.D. Tex. 1979). · cites it 2× “1962); 14 C.F.R. § 91.3 . Furthermore, “a pilot has a continuing duty to he aware of danger when, with his own eyes, he can perceive the danger.”
— 14 C.F.R. § 91.3(a) — 12 cases
Gross v. Nova Chemicals Servs., Inc., 161 A.3d 257 (Pa. Super. Ct. 2017). “Under [the Federal Aviation Act (FAA)], 14 CFR 91.3(a), the pilot in command is “directly responsible for, and is the final authority as to the operation of the aircraft.”
Chowdhury v. Nw. Airlines Corp., 238 F. Supp. 2d 1153 (N.D. Cal. 2002).
Martin v. United States, 448 F. Supp. 855 (E.D. Ark. 1977).
Michael Foss, a Minor v. United States, 623 F.2d 104 (9th Cir. 1980). “relies state that the “pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of the aircraft” ( 14 CFR § 91.3 ) and he must familiarize himself “with all available information” concerning a flight ( 14 CFR § 91.”
— 14 C.F.R. § 91.3(b) — 2 cases
Hamilton v. United States, 343 F. Supp. 426 (N.D. Cal. 1971).
Echo, Inc. v. FAA (1st Cir. 1995).
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