766
14 CFR Ch. I (1–1–14 Edition)
§ 91.609
(4) No person may remove any exit
that would result in a ratio of max-
imum number of occupants to approved
exits greater than 14:1.
(d) This section does not relieve any
person operating under part 121 of this
chapter from complying with § 121.291.
§ 91.609
Flight data recorders and
cockpit voice recorders.
(a) No holder of an air carrier oper-
ating certificate or an operating cer-
tificate may conduct any operation
under this part with an aircraft listed
in the holder’s operations specifica-
tions or current list of aircraft used in
air transportation unless that aircraft
complies with any applicable flight re-
corder and cockpit voice recorder re-
quirements of the part under which its
certificate is issued except that the op-
erator may—
(1) Ferry an aircraft with an inoper-
ative flight recorder or cockpit voice
recorder from a place where repair or
replacement cannot be made to a place
where they can be made;
(2) Continue a flight as originally
planned, if the flight recorder or cock-
pit voice recorder becomes inoperative
after the aircraft has taken off;
(3) Conduct an airworthiness flight
test during which the flight recorder or
cockpit voice recorder is turned off to
test it or to test any communications
or electrical equipment installed in the
aircraft; or
(4) Ferry a newly acquired aircraft
from the place where possession of it is
taken to a place where the flight re-
corder or cockpit voice recorder is to
be installed.
(b) Notwithstanding paragraphs (c)
and (e) of this section, an operator
other than the holder of an air carrier
or a commercial operator certificate
may—
(1) Ferry an aircraft with an inoper-
ative flight recorder or cockpit voice
recorder from a place where repair or
replacement cannot be made to a place
where they can be made;
(2) Continue a flight as originally
planned if the flight recorder or cock-
pit voice recorder becomes inoperative
after the aircraft has taken off;
(3) Conduct an airworthiness flight
test during which the flight recorder or
cockpit voice recorder is turned off to
test it or to test any communications
or electrical equipment installed in the
aircraft;
(4) Ferry a newly acquired aircraft
from a place where possession of it was
taken to a place where the flight re-
corder or cockpit voice recorder is to
be installed; or
(5) Operate an aircraft:
(i) For not more than 15 days while
the flight recorder and/or cockpit voice
recorder is inoperative and/or removed
for repair provided that the aircraft
maintenance records contain an entry
that indicates the date of failure, and a
placard is located in view of the pilot
to show that the flight recorder or
cockpit voice recorder is inoperative.
(ii) For not more than an additional
15 days, provided that the requirements
in paragraph (b)(5)(i) are met and that
a certificated pilot, or a certificated
person authorized to return an aircraft
to service under § 43.7 of this chapter,
certifies in the aircraft maintenance
records that additional time is required
to complete repairs or obtain a replace-
ment unit.
(c)(1) No person may operate a U.S.
civil registered, multiengine, turbine-
powered airplane or rotorcraft having a
passenger seating configuration, ex-
cluding any pilot seats of 10 or more
that has been manufactured after Octo-
ber 11, 1991, unless it is equipped with
one or more approved flight recorders
that utilize a digital method of record-
ing and storing data and a method of
readily retrieving that data from the
storage medium, that are capable of re-
cording the data specified in appendix
E to this part, for an airplane, or ap-
pendix F to this part, for a rotorcraft,
of this part within the range, accuracy,
and recording interval specified, and
that are capable of retaining no less
than 8 hours of aircraft operation.
(2) All airplanes subject to paragraph
(c)(1) of this section that are manufac-
tured before April 7, 2010, by April 7,
2012, must meet the requirements of
§ 23.1459(a)(7) or § 25.1459(a)(8) of this
chapter, as applicable.
(3) All airplanes and rotorcraft sub-
ject to paragraph (c)(1) of this section
that are manufactured on or after
April 7, 2010, must meet the flight data
recorder requirements of § 23.1459,
§ 25.1459, § 27.1459, or § 29.1459 of this
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