Question about TAWS

[Rythm3]

I fly a King Air 90, certified with 6 passenger seats, and the 2 pilot seats, for a total of 8 seats on the aircraft. One of the seats in the back of the aircraft is a potty seat which has a seatbelt, and we use as a seat when needed.

My question is if the seatbelt on the potty seat were taken out, and we were left with only 5 passenger seats, is TAWS still a requirement? I have read the regulation and I can't really make heads or tails out of it. Does the regulation apply to what the aircraft was originally certified with, or what it is now configured for?

 

[cessna_driver2]

From what I have heard and read. (I work in a maintenance & avionics shop) is that the two pilot seats are not counted in the total # of seats.

I do not think the potty will count as a berthing seat.

 

[EagleRJ]

If I understand the rules, each aircraft is certificated for a specific number of passengers on its Type Certificate Data Sheet, and this is what capacity-related FARs are based off of. Taking a seatbelt out will not change the official seating capacity of your King Air, in fact, the local Fed might have a problem granting a 337 to remove a seat belt, since any occupant sitting on your passenger-approved potty would no longer have a required seat belt!

 

[prpjt]

I'll just relay what we were told by 2 different sources.

1. The reg limits apply to how the aircraft was certificated.

2. Single pilot aircraft, one of the front seats is a passenger seat.

3. Any seat that can legally be occupied for T.O. and landing must be counted.

The original wording was seats aft of the bulkhead, but that was changed by the time it got to final ruling. C90 must comply with TAWS.

I questioned #1 due to the fact that the AC (23-18 I think) specifically states
"aircraft configured for six or more passenger seats" The point is moot though, because the C90 is a seven passenger plane. Got me thinking about an air ambulance configuration. 1 patient bed and 2 seats in back. Would that plane have to comply?

 

[avbug]

Why refer to an advisory circular? Why guess at the meaning of the regulation. Read the regulation; it's very clear.

14 CFR 91.223 provides the requirement that TAWS be installed and operational by March 29, 2005.

91.223(a) specifically applies to airplanes manufactured after March 29, 2002. This regulation requires that any turbine powered airplane manufactured after that date that is configured for six or more passenger seats, be equipped with a TAWS system.

The regulation does not say or imply anything about certification. The number of seats the airplane was certificated with is not relevant to that subparagraph. If the airplane is configured for six seats, and it's turbine powered, then it needs TAWS.

Why quibble or guess weather the regulation speaks of passenger or pilot seats? Very clearly the regulation states "six or more passenger seats, excluding any pilot seat..." Question answered. Six or more passenger seats.

If the airplane is certificated for a maximum passenger configuration of fifteen seats, but utilizes an interior of five seats, then it does not require TAWS. If the airplane is later reconfigured to accept and utilize more seats, then it will require TAWS.

14 CFR 91.223(b) provides for aircraft manufactured on or before March 29, 2002. This subparagraph provides that turbine powered aircraft manufactured prior to that date have until March 29, 2005 to install TAWS if they are configured with six or more passenger seats. It is essentially identical to subparagraph (a), except that these aricraft are given a little more time to get TAWS installed.

If you have a lav seat with no seatbelts, is it still a passenger seat? No, because it does not meet the requirements to serve as a passenger seat. It may be something upon which a passenger could sit, but lacking the ability to have a "seatbelt fastened about the passenger at all times," it doesn't qualify as a passenger seat.

If you elect to modify the airplane by removing the belts, you'll need to do so by way of a Form 337, field approval, STC, or modification in accordance with 91.213, with appropriate maintenance entries, and placarding.