Section 91.215

14 CFR Ch. I (1-1-19 Edition)

regulations under which the aircraft
was type certificated;
(ii) Indicated as required on the aircraft-s equipment list, or on the Kinds
of Operations Equipment List for the
kind of flight operation being conducted;
(iii) Required by Section 91.205 or any other
rule of this part for the specific kind of
flight operation being conducted; or
(iv) Required to be operational by an
airworthiness directive; and
(3) The inoperative instruments and
equipment are - 
(i) Removed from the aircraft, the
cockpit control placarded, and the
maintenance recorded in accordance
with Section 43.9 of this chapter; or
(ii) Deactivated and placarded  - Inoperative. -  If deactivation of the inoperative instrument or equipment involves maintenance, it must be accomplished and recorded in accordance
with part 43 of this chapter; and
(4) A determination is made by a
pilot, who is certificated and appropriately rated under part 61 of this
chapter, or by a person, who is certificated and appropriately rated to perform maintenance on the aircraft, that
the inoperative instrument or equipment does not constitute a hazard to
the aircraft.
An aircraft with inoperative instruments or equipment as provided in
paragraph (d) of this section is considered to be in a properly altered condition acceptable to the Administrator.
(e) Notwithstanding any other provision of this section, an aircraft with inoperable instruments or equipment
may be operated under a special flight
permit issued in accordance with
SectionSection 21.197 and 21.199 of this chapter.

kpayne on VMOFRWIN702 with $$_JOB

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91-280, 68 FR 54560, Sept.
17, 2003; Amdt. 91-282, 69 FR 44880, July 27,
2004; Docket FAA-2018-0119, Amdt. 91-350, 83
FR 9171, Mar. 5, 2018]

Section 91.215 ATC transponder and altitude
reporting equipment and use.
(a) All airspace: U.S.-registered civil
aircraft. For operations not conducted
under part 121 or 135 of this chapter,
ATC transponder equipment installed
must meet the performance and environmental requirements of any class of
TSO-C74b (Mode A) or any class of

TSO-C74c (Mode A with altitude reporting capability) as appropriate, or the
appropriate class of TSO-C112 (Mode S).
(b) All airspace. Unless otherwise authorized or directed by ATC, no person
may operate an aircraft in the airspace
described in paragraphs (b)(1) through
(b)(5) of this section, unless that aircraft is equipped with an operable
coded radar beacon transponder having
either Mode 3/A 4096 code capability,
replying to Mode 3/A interrogations
with the code specified by ATC, or a
Mode S capability, replying to Mode 3/
A interrogations with the code specified by ATC and intermode and Mode S
interrogations in accordance with the
applicable provisions specified in TSO
C-112, and that aircraft is equipped
with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to
Mode C interrogations by transmitting
pressure altitude information in 100foot increments. This requirement applies - 
(1) All aircraft. In Class A, Class B,
and Class C airspace areas;
(2) All aircraft. In all airspace within
30 nautical miles of an airport listed in
appendix D, section 1 of this part from
the surface upward to 10,000 feet MSL;
(3) Notwithstanding paragraph (b)(2)
of this section, any aircraft which was
not originally certificated with an engine-driven electrical system or which
has not subsequently been certified
with such a system installed, balloon
or glider may conduct operations in
the airspace within 30 nautical miles of
an airport listed in appendix D, section
1 of this part provided such operations
are conducted - 
(i) Outside any Class A, Class B, or
Class C airspace area; and
(ii) Below the altitude of the ceiling
of a Class B or Class C airspace area
designated for an airport or 10,000 feet
MSL, whichever is lower; and
(4) All aircraft in all airspace above
the ceiling and within the lateral
boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and
(5) All aircraft except any aircraft
which was not originally certificated
with an engine-driven electrical system or which has not subsequently

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