2 in 1 seat, the double belt rule.

[transpac]

Midlife, thanks for the reference. I am sitting here shakeing my head at Mr. Bruno's reply. First I do not know who this Mr. Bruno is and the letter does not say he is with FAA legal but let's assume he is for now. When the regulation states "for each person" I cannot see how he can say it is legal to have two children in one seat belt. Also, be careful when an interpitation is over 10 years old and the regulation text or number has changed. It could void the interpitation.

But I am not an attorney, nor did I stay at a Holiday Inn Express last night. And this would not be the only time our Legal Department caused me to roll my eyes and ask "what planet are you from?"

But IF that is the guidance, I will follow until changed or removed..........

JAFI

I'd take this letter with a grain of salt as FAA Legal's fingerprints are nowhere to be found on it. Gabe Bruno was a FAA Operations Inspector and was the Manager of the General Aviation Operations Branch at FAA HQ when the letter was written. I believe he retired from one of the Southern Region FSDOs a few years ago.

 

[aerobaticspilot]

This is simply not smart at all. All you would need is a inspector to see that and he would tare you a new one becuase its not smart.

 

[midlifeflyer]

Midlife, thanks for the reference. I am sitting here shakeing my head at Mr. Bruno's reply. First I do not know who this Mr. Bruno is and the letter does not say he is with FAA legal but let's assume he is for now.

He's not. I have a graphic that shows the original stationery. My bad in referring to it as a "Legal" opinion.

 

[citabriapilot]

What about airplanes like the PA-12 Super Cruiser that have a large backseat and an oversized belt that were even ADVERTISED as being a "3 person airplane"?

 

[ultrarunner]

i3. That language in the third paragraph essentially says that it's "legal but dangerous." Sounds like an invitation to a 91.13 violation or a lawsuit if someone gets hurt.

I would NEVER count on an FAA legal interpetation to mitigate exposure to a potential 91.13 violation.

Remember, it's just that. An interpetation. The FAA can and likely would violate you with injuries arising from something like this. And I can say with reasonable certainty that when you're standing in front of an ALJ, s/he could give a rats crapper about some FAA legal interpetation.

 

[MauleSkinner]

What about airplanes like the PA-12 Super Cruiser that have a large backseat and an oversized belt that were even ADVERTISED as being a "3 person airplane"?

Certification reuirements for the airplane didn't change, but operational rules did...gotta follow the operational ones if they're more restrictive.

Fly safe!

David

 

[midlifeflyer]

And I can say with reasonable certainty that when you're standing in front of an ALJ, s/he could give a rats crapper about some FAA legal interpetation.

I wouldn't go quite that far. In general they do. Far more than a rat's crapper. FAA Legal is the arm of the FAA that interprets the FAR and the NTSB is bound by the FAA interpretations by both statute and case law. Of course, the actual application isn't that black and white. That's especially true in the area of 91.13 where even something that is legal according to an FAR can be found to be reckless. But they definitely care.

 

[JAFI]

I would rather be standing in front of an ALJ stating that I was following a legal interpitation than to say something like "I did it that way because I wanted to". Even when you say "I felt it was the safest course of action" you had better be able to back that up with some logic, guidance, or something the Judge would accept. If you were following some guidance or interpitation you may not get to see the Judge, If you are complying with the rules, why would there be a reason to go to court?

I have seen Judges accept a pilots plea that he was attempting to do it safe. It is all about when you plead your case and if the Inspector, FAA Legal, and the judge believe you.

JAFI

 

[A Squared]

I have seen Judges accept a pilots plea that he was attempting to do it safe. It is all about when you plead your case and if the Inspector, FAA Legal, and the judge believe you.

If the inspector and FAA legal believed you, you wouldn't be trying to convince the judge.

 

[JAFI]

If the inspector and FAA legal believed you, you wouldn't be trying to convince the judge.

Correct, And if the Inspector believes you then Legal may never know about it.

JAFI