Federal Aviation Administration, DOT Section 91.109 Section 21.305(d) (2010 ed.) of this chapter may continue to bear a label or markings showing FAA approval in accordance with Section 21.305(d) (2010 ed.) of this chapter. (4) Except as provided in Section 91.107(a)(3)(iii)(B)(3)(iii) and Section 91.107(a)(3)(iii)(B)(3)(iv), booster-type child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and (C) The operator complies with the following requirements: (1) The restraint system must be properly secured to an approved forward-facing seat or berth; (2) The child must be properly secured in the restraint system and must not exceed the specified weight limit for the restraint system; and (3) The restraint system must bear the appropriate label(s). (b) Unless otherwise stated, this section does not apply to operations conducted under part 121, 125, or 135 of this chapter. Paragraph (a)(3) of this section does not apply to persons subject to Section 91.105. kpayne on VMOFRWIN702 with $$_JOB [Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as amended by Amdt. 91-250, 61 FR 28421, June 4, 1996; Amdt. 91-289, 70 FR 50906, Aug. 26, 2005; Amdt. 91-292, 71 FR 40009, July 14, 2006; Amdt. 91-317, 75 FR 48857, Aug. 12, 2010; Amdt. 91-332, 79 FR 28812, May 20, 2014] Section 91.109 Flight instruction; Simulated instrument flight and certain flight tests. (a) No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when - (1) The instructor has determined that the flight can be conducted safely; and (2) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings. (b) An airplane equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a flight review required by Section 61.56 of this chapter, or to obtain recent flight experience or an instrument proficiency check required by Section 61.57 when - (1) The airplane is equipped with operable rudder pedals at both pilot stations; (2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during the entire flight; (3) The instructor is current and qualified to serve as pilot in command of the airplane, meets the requirements of Section 61.195(b), and has logged at least 25 hours of pilot-in-command flight time in the make and model of airplane; and (4) The pilot in command and the instructor have determined the flight can be conducted safely. (c) No person may operate a civil aircraft in simulated instrument flight unless - (1) The other control seat is occupied by a safety pilot who possesses at least: (i) A private pilot certificate with category and class ratings appropriate to the aircraft being flown; or (ii) For purposes of providing training for a solo cross-country endorsement under Section 61.93 of this chapter, a flight instructor certificate with an appropriate sport pilot rating and meets the requirements of Section 61.412 of this chapter. (2) The safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in the aircraft adequately supplements the vision of the safety pilot; and (3) Except in the case of lighter-thanair aircraft, that aircraft is equipped with fully functioning dual controls. However, simulated instrument flight may be conducted in a single-engine airplane, equipped with a single, functioning, throwover control wheel, in place of fixed, dual controls of the elevator and ailerons, when - (i) The safety pilot has determined that the flight can be conducted safely; and 717 VerDate Sep<11>2014 16:30 Jun 25, 2019 Jkt 247047 PO 00000 Frm 00727 Fmt 8010 Sfmt 8010 Q:\14\14V2.TXT PC31