49 U.S.C. § 44712 — Emergency locator transmitters
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 493 words · no verdicts yet
Covered fixed-wing powered civil aircraft used in air commerce generally must carry an emergency locator transmitter. The section lists time-based exceptions, acceptable equipment, and removal rules.
(a) A fixed-wing powered civil aircraft used in air commerce must have an emergency locator transmitter.
(b) Before January 1, 2002, this did not apply to: (1) turbojet aircraft; (2) aircraft on scheduled flights by scheduled air carriers with the specified Secretary of Transportation certificates; (3) aircraft used entirely for training within 50 miles of the starting airport; (4) aircraft used for design, testing, manufacture, preparation, delivery, or agricultural aerial application; (5) aircraft with an FAA research-and-development certificate; (6) aircraft used for regulatory compliance, crew training, exhibition, air racing, or market surveys; or (7) aircraft equipped for only one person.
(c) Starting January 1, 2002, subject to paragraph (2), the requirement does not apply to: (A) scheduled flights by the specified scheduled air carriers; (B) training entirely within 50 miles of the starting airport; (C) design, testing, manufacture, preparation, or delivery flights; (D) research and development by aircraft certified for that purpose; (E) regulatory compliance, crew training, exhibition, air racing, or market surveys; (F) agricultural aerial application; (G) aircraft with maximum payload over 18,000 pounds used in air transportation; or (H) aircraft equipped for one person only. (2) For up to 2 years after January 1, 2002, the Administrator could continue the (b) exceptions instead if needed for a safe, orderly transition or other safety objectives.
(d) The requirement is met by a transmitter operating on 121.5/243 or 406 megahertz, or other equipment the Secretary approves.
(e) The Administrator must issue regulations stating when an aircraft may operate after its transmitter is removed for inspection, repair, alteration, or replacement.
An emergency locator transmitter must be installed on a fixed-wing powered civil aircraft for use in air commerce.
Prior to January 1, 2002, subsection (a) does not apply to—
turbojet-powered aircraft;
aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;
aircraft when used in training operations conducted entirely within a 50 mile radius of the airport from which the training operations begin;
aircraft when used in flight operations related to design and testing, the manufacture, preparation, and delivery of the aircraft, or the aerial application of a substance for an agricultural purpose;
aircraft holding certificates from the Administrator of the Federal Aviation Administration for research and development;
aircraft when used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys; and
aircraft equipped to carry only one individual.
Subject to paragraph (2), on and after January 1, 2002, subsection (a) does not apply to—
aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;
aircraft when used in training operations conducted entirely within a 50-mile radius of the airport from which the training operations begin;
aircraft when used in flight operations related to the design and testing, manufacture, preparation, and delivery of aircraft;
aircraft when used in research and development if the aircraft holds a certificate from the Administrator of the Federal Aviation Administration to carry out such research and development;
aircraft when used in showing compliance with regulations, crew training, exhibition, air racing, or market surveys;
aircraft when used in the aerial application of a substance for an agricultural purpose;
aircraft with a maximum payload capacity of more than 18,000 pounds when used in air transportation; or
aircraft equipped to carry only one individual.
The Administrator of the Federal Aviation Administration may continue to implement subsection (b) rather than subsection (c) for a period not to exceed 2 years after January 1, 2002, if the Administrator finds such action is necessary to promote—
a safe and orderly transition to the operation of civil aircraft equipped with an emergency locator; or
other safety objectives.
An aircraft meets the requirement of subsection (a) if it is equipped with an emergency locator transmitter that transmits on the 121.5/243 megahertz frequency or the 406 megahertz frequency or with other equipment approved by the Secretary for meeting the requirement of subsection (a).
The Administrator shall prescribe regulations specifying the conditions under which an aircraft subject to subsection (a) of this section may operate when its emergency locator transmitter has been removed for inspection, repair, alteration, or replacement.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1194; Pub. L. 106–181, title V, § 501(a), Apr. 5, 2000, 114 Stat. 131.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1194
- 2000Amended · Pub. L. 106-181 · 114 Stat. 131
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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