551 

Federal Aviation Administration, DOT 

§ 137.51 

any question regarding the safety of 
his flight operations or his competence 
in dispensing agricultural materials or 
chemicals. 

§ 137.42

Fastening of safety belts and 

shoulder harnesses. 

No person may operate an aircraft in 

operations required to be conducted 
under part 137 without a safety belt 
and shoulder harness properly secured 
about that person except that the 
shoulder harness need not be fastened 
if that person would be unable to per-
form required duties with the shoulder 
harness fastened. 

[Amdt. 137–10, 44 FR 61325, Oct. 25, 1979] 

§ 137.43

Operations in controlled air-

space designated for an airport. 

(a) Except for flights to and from a 

dispensing area, no person may operate 
an aircraft within the lateral bound-
aries of the surface area of Class D air-
space designated for an airport unless 
authorization for that operation has 
been obtained from the ATC facility 
having jurisdiction over that area. 

(b) No person may operate an aircraft 

in weather conditions below VFR mini-
mums within the lateral boundaries of 
a Class E airspace area that extends 
upward from the surface unless author-
ization for that operation has been ob-
tained from the ATC facility having ju-
risdiction over that area. 

(c) Notwithstanding § 91.157(b)(4) of 

this chapter, an aircraft may be oper-
ated under the special VFR weather 
minimums without meeting the re-
quirements prescribed therein. 

[Amdt. 137–14, 56 FR 65664, Dec. 17, 1991, as 
amended by Amdt. 137–14, 58 FR 32840, June 
14, 1993; 74 FR 13099, Mar. 26, 2009] 

§ 137.45

Nonobservance of airport traf-

fic pattern. 

Notwithstanding part 91 of this chap-

ter, the pilot in command of an aircraft 
may deviate from an airport traffic 
pattern when authorized by the control 
tower concerned. At an airport without 
a functioning control tower, the pilot 
in command may deviate from the traf-
fic pattern if— 

(a) Prior coordination is made with 

the airport management concerned; 

(b) Deviations are limited to the ag-

ricultural aircraft operation; 

(c) Except in an emergency, landing 

and takeoffs are not made on ramps, 
taxiways, or other areas of the airport 
not intended for such use; and 

(d) The aircraft at all times remains 

clear of, and gives way to, aircraft con-
forming to the traffic pattern for the 
airport. 

§ 137.47

Operation without position 

lights. 

Notwithstanding part 91 of this chap-

ter, an aircraft may be operated with-
out position lights if prominent un-
lighted objects are visible for at least 1 
mile and takeoffs and landings at— 

(a) Airports with a functioning con-

trol tower are made only as authorized 
by the control tower operator; and 

(b) Other airports are made only with 

the permission of the airport manage-
ment and no other aircraft operations 
requiring position lights are in 
progress at that airport. 

§ 137.49

Operations over other than 

congested areas. 

Notwithstanding part 91 of this chap-

ter, during the actual dispensing oper-
ation, including approaches, depar-
tures, and turnarounds reasonably nec-
essary for the operation, an aircraft 
may be operated over other than con-
gested areas below 500 feet above the 
surface and closer than 500 feet to per-
sons, vessels, vehicles, and structures, 
if the operations are conducted without 
creating a hazard to persons or prop-
erty on the surface. 

[Amdt. 137–3, 33 FR 9601, July 2, 1968] 

§ 137.51

Operation over congested 

areas: General. 

(a) Notwithstanding part 91 of this 

chapter, an aircraft may be operated 
over a congested area at altitudes re-
quired for the proper accomplishment 
of the agricultural aircraft operation if 
the operation is conducted— 

(1) With the maximum safety to per-

sons and property on the surface, con-
sistent with the operation; and 

(2) In accordance with the require-

ments of paragraph (b) of this section. 

(b) No person may operate an aircraft 

over a congested area except in accord-
ance with the requirements of this 
paragraph. 

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