§ 41.122 Manipulation of controls. No person other than a qualified pilot of the air carrier may manipulate the flight controls of an air carrier aircraft while in scheduled flight, except that at the discretion of the pilot in command such restriction will not apply to other pilots as follows:

(a) Authorized air carrier inspectors of the Administrator, or

(b) Properly qualified pilot personnel of another air carrier, if the pilot in command is at one set of controls.

§ 41.123 Smoking rules. No smoking will be permitted in an aircraft:

(a) While on the ground or water, (b) During take-offs and landings, (c) In the berths of sleeper planes, or (d) Elsewhere, unless suitable ash containers are provided.

§ 41.124 Passenger information signs. Aircraft shall be equipped with the following signs so located as to be plainly visible to passengers:

(a) "No smoking" signs located in the cabin and in individual berths,

(b) "Fasten seat belt" signs located in cabin,

(c) "Use oxygen equipment” signs located in the cabin of aircraft not having pressurized cabins when operated at altitudes in excess of 12,000 feet above sea level for any period of time, unless a competent cabin attendant is provided to care for passengers.

§ 41.125 Marking door handles. The latched and unlatched positions of door handles shall be plainly marked.

§ 41.126 Assignment of emergency evacuation functions for each crew member. After May 31, 1956, each air carrier shall assign all necessary emergency functions for each crew member to perform in the event of circumstances requiring emergency evacuation. The air carrier shall show that functions so assigned are practicable of accomplishment. These functions shall be described in the air carrier manual. [Amdt. 41-6, 20 F. R. 8852, Dec. 2, 1955]

§ 41.127 Briefing of passengers. After May 31, 1956, each air carrier engaged in extended overwater operations shall assure that all passengers are briefed orally concerning the location and method of operation of life vests and emergency exits and the location of life

rafts. The procedure to be followed in presenting this briefing shall be described in the air carrier manual. Such a briefing shall include a demonstration of the method of donning and inflating a life vest. Where the airplane proceeds directly over water after take-off, the briefing on location of the life vests and emergency exits shall be accomplished prior to take-off, and the remainder of the briefing shall be accomplished as soon thereafter as practicable. Where the airplane does not proceed directly over water after take-off, no part of the briefing need be accomplished prior to take-off but the entire briefing shall be accomplished prior to reaching the overwater portion of the flight.

[Amdt. 41–7, 21 F. R. 513, Jan. 24, 1956]

§ 41.128 Route operation proving flights. Before passengers are carried on any new route or any extension of over 100 miles of a route previously authorized, the air carrier shall demonstrate ability to conduct a safe operation by making such flights over the route as the Administrator may require in the interest of safety.

§ 41.128-1 Route proving flights (CAA rules which apply to § 41.128)—(a) Introduction. The Administrator has the responsibility of determining when route proving flights are necessary. When an air carrier believes that actual route proving flights are not required by the regulations in this subchapter (i. e. the Civil Air Regulations), its officials must submit to the Civil Aeronautics Administration office handling the air carrier's operating certificate, a written request for elimination of such flights. The Administration will undertake an investigation, during which consideration will be given to the nature of the operation to be conducted, and the personnel, equipment, and facilities involved. After investigation, the air carrier will be advised by the Administration that the proposed route modification is minor, and actual route proving flights are not essential to safety, or that actual route proving flights will be required. example, a scheduled air carrier may have been granted a minor extension to an existing route, and the extension may be over an airway that is adequately implemented with conventional aids to air navigation. In many such instances, it might be obvious that the proposed operations could be conducted over such a route in accordance with existing safe

(For

ty standards, and in such cases the proving flights would serve no useful purpose.)

(b) Purpose. The purpose of route proving flights to determine the air carrier's ability to conduct the proposed operation in compliance with applicable provisions of the regulations in this subchapter (i. e. the Civil Air Regulations) and in accordance with the minimum safety requirements of the Civil Aeronautics Administration. Such determination is predicated upon the adequacy of the facilities provided by, or available to, the air carrier, including, but not limited to, aircraft, airports, lighting facilities, maintenance facilities, communication and navigation facilities, fueling facilities, and ground and aircraft radio facilities, and upon the competency of the pilot, dispatcher, and other airmen or personnel.

(c) Application. At least 30 days prior to the scheduling of route proving flights, officials of the air carrier shall submit to the Civil Aeronautics Administration office handling its operations specifications, a written request for the assignment of Civil Aeronautics Administration personnel to observe the flights. This request must be accompanied by an original application and copies of pertinent proposed amendments to the operations specifications, and must include sufficient data pertaining to the route to satisfy the Administrator that the air carrier is prepared for the route proving flights. This will allow sufficient time for making any necessary additions or corrections, thus preventing delays or misunderstandings.

(d) Conduct. After the air carrier has made all the necessary preparations to conduct the route proving flights, duly designated representatives of the Civil Aeronautics Administration will be assigned to observe them. All route proving flights shall be undertaken exactly as the operator intends to operate in scheduled air transportation when carrying passengers, property, or mail, or any combination thereof. However, passengers who are not essential to conducting the proving flights must not be carried during such flights. Air carrier personnel assigned to conduct the route proving flights shall be regular crew members who, it is anticipated, will be assigned to the route.

(e) Duration. Route proving flights shall continue until the air carrier has

demonstrated to the satisfaction of the Administrator that it is competent to conduct a safe operation over the entire route to be flown in air transportation.

(f) Conclusion. On completion of the route proving flights, a reasonable period of time will be required in order that the information gained during the flights can be compiled by the field office and submitted, with recommendations regarding approval, to appropriate supervisory personnel of the Civil Aeronautics Administration.

[Supp. 16, 18 F. R. 6753, Oct. 24, 1953]

§ 41.129 Aircraft proving tests. (a) A new type of air carrier aircraft shall have at least 100 hours of proving tests under the supervision of an authorized representative of the Administrator before authority for carrying passengers is issued. At least 50 hours of such tests shall be flown over authorized routes and shall include at least 10 hours of night operation.

(b) In a case of major changes on aircraft previously proved, or the use of the same aircraft on a substantially different operation, 50 hours of tests similar to those outlined in paragraph (a) of this section shall be required, of which at least 25 hours shall be flown over authorized routes, unless deviations are specifically authorized by the Administrator on the ground that the special circumstances of a particular case make a literal observance of the requirements of this paragraph unnecessary for safety.

(c) During the tests specified in paragraphs (a) and (b) of this section no person shall be carried other than those essential to the tests. Mail, express, and cargo may be carried at the discretion of the Administrator.

§ 41.129-1 Aircraft proving tests (CAA rules which apply to § 41.129)-(a) Purpose. The purpose of aircraft proving tests is to determine the air carrier's ability to conduct the proposed operation in compliance with applicable provisions of the regulations in this subchapter (i. e., the Civil Air Regulations) and in accordance with the minimum safety requirements of the Civil Aeronautics Administration.

(b) Application. At least 30 days prior to the scheduling of aircraft proving tests, officials of the air carrier shall submit to the Civil Aeronautics Administration office handling its operations specifications, a written request for the

assignment of Civil Aeronautics Administration personnel to observe the tests. The request must be accompanied by an original application and copies of pertinent proposed amendments to the operations specifications, and must include sufficient data pertaining to the aircraft to satisfy the Administrator that the air carrier is prepared for the aircraft proving tests. This will allow sufficient time for making any necessary additions or corrections, thus preventing delays or misunderstandings.

(c) Conduct. After the air carrier has made all the necessary preparations to conduct the aircraft proving tests, duly designated representatives of the Civil Aeronautics Administration will be assigned to observe them. Such portions of the aircraft proving tests as may be conducted under conditions of scheduled operation shall be undertaken exactly as the operator intends to operate in scheduled air transportation when carrying passengers, property, or mail, or any combination thereof. Air carrier personnel assigned to conduct the aircraft proving tests shall be regular crew members who, it is anticipated, will be assigned to the aircraft.

(d) Conclusion. On completion of the aircraft proving tests, a reasonable period of time will be required in order that the information gained during the tests can be compiled by the field office and submitted, with recommendations regarding approval, to appropriate supervisory personnel of the Civil Aeronautics Administration.

[Supp. 16, 18 F. R. 6753, Oct. 24, 1953]

§ 41.130 Reports. Each air carrier shall furnish the Administrator the following reports:

(a) A monthly operations report shall be submitted on and in accordance with the form supplied or approved by the Administrator for the purpose not later than the 20th day of the next succeeding month.

(b) A mechanical interruption report shall be submitted on the form supplied for the purpose not later than 10 days after the return of the aircraft to its operating base. Any partial or complete instrument or equipment mechanical failure which occurs during flight shall be reported. The records of such mechanical failure must be made available to any authorized representative of the Administrator or Board on request.

§ 41.130-1 Mechanical hazard and difficulty reports (CAA rules which apply to § 41.130)-(a) Daily mechanical reports. Whenever a failure, malfunctioning, or other defect is detected in flight or on the ground in an aircraft or aircraft component which may reasonably be expected by the air carrier to cause a serious hazard in the operation of any aircraft, notice thereof shall be transmitted through the air carrier's principal maintenance base to the aviation safety agent or advisor, maintenance, assigned to the air carrier.

NOTE: Failures, malfunctionings, or other defects required to be reported under this part comprise generally the following basic items:

Fire hazards.

Structural hazards.

Serious system or component malfunctioning or failure. Unsafe procedures or conditions, and

Defects in design or quality of parts and materials found installed on aircraft or intended for such installation.

Such daily reports shall be required only where mechanical hazards have been detected; shall cover the 24-hour period from midnight to midnight of each day; and shall be transmitted to the assigned aviation safety agent or advisor, maintenance, before noon of the following working day, except that reports for Fridays, Saturdays, and Sundays may be submitted not later than noon of the following Mondays.

Such reports may be transmitted in a manner and on a form convenient to the air carrier's system of communications and procedures.

(1) Guide for preparation of daily reports. Whenever practicable, the following guide for each aircraft category should be used by the air carrier in the preparation of the daily reports:

(i) Category, “N” identification of aircraft, airline and trip number.

(ii) Emergency procedure effected (unscheduled landing, dumped fuel,

etc.).

(iii) Nature of condition (fire, structural failure, etc.).

(iv) Identification of part and system involved.

(v) Apparent cause of trouble (wear, cracks, design, personnel error, etc.).

(vi) Disposition (repaired, replaced, aircraft grounded, etc.).

(vii) Brief narrative summary to supply any other pertinent data required

for more complete identification, determination of seriousness, etc.

The daily reports should not be withheld pending presentation of all specific details pertaining to such items of information. As soon as the additional information is obtained it may be submitted as a supplement to the report.

(b) Monthly report of mechanical difficulties (1) General. The following procedures are to be utilized in compliance with the requirement of a monthly report of chronic mechanical difficulties.

(2) Scope of report. (i) The monthly report of chronic mechanical difficulties will be compiled by the Civil Aeronautics Administration from information furnished daily by the scheduled air carriers to the assigned aviation safety agents or advisors. This report will include all aircraft occurrences due to known or suspected malfunctions or mechanical difficulties which result in an interruption to a scheduled flight or a change of aircraft. The information required for the report shall be furnished to the CAA in the form of a daily summary of such occurrences. Any mechanical malfunction or suspected malfunction occurring in flight or on the ground during scheduled operation which results in a change in the aircraft schedule, regardless of cause, shall be included in the summary. The daily summary of mechanical delays, which is prepared for internal use by the air carriers, will in almost all cases, contain the information necessary for this requirement. Submission of copies of this report will be satisfactory, provided it contains sufficient information as outlined below. In some cases it may be necessary to make slight modifications or add further information if this report is to be used. The daily submission of information for compilation of the monthly chronic report does not affect, in any way, the reporting of items covered under the Daily Mechanical Report.

(ii) The summary shall also include the number of engines removed prematurely because of mechanical trouble, listed by make and model, and the number of propeller featherings for any reason indicating the flight attitude at the time of feathering, such as take-off, climb, cruise, etc. A statement of cause is not required with the numerical report of engine removals and propeller featherings.

(3) Submission. The period covered by each daily summary shall be for the preceding 24 hours during which reports of pertinent occurrences are received by the air carrier's main base. No daily summary will be submitted for those periods during which no interruptions to schedule were experienced; however, engine removal and propeller feathering data should be included in the next summary submitted. Each summary should be identified numerically to maintain continuity.

(4) Format. The daily summary shall include as much as possible of the following data that apply to the individual occurrences reported:

(i) Identification of the daily summary, including a consecutive serial number of the summary, name of operator, and date of occurrence of the items reported.

(ii) Type and CAA identification of aircraft to which each item pertains.

(iii) Brief statement describing or identifying the difficulty experienced. This statement shall identify the parts and system involved and any available related information, where possible, which can reasonably be expected to add to the value of the report from an informative or analytic standpoint. Desirable information would include, where possible, such items as corrective action, extraordinary conditions, whether or not difficulty was induced by personnel error or other extraneous occurrence, and recommendations.

[Supp. 16, 18 F. R. 6753, Oct. 24, 1953]

§ 41.131 Irregularity report. All airmen, including flight and ground personnel, shall immediately report to the operations manager any irregularity or hazard which in their opinion makes for unsafe operation. If such report is found to be justified, notice of the irregularity or hazard must be submitted to the Administrator at once.

§ 41.132 Communication priority. Where a communications channel serves point-to-point contacts in addition to ground-to-plane, priority shall be given to plane-to-ground and ground-to-plane communications.

§ 41.133 Flight records. The air carrier shall maintain and make available to any authorized representative of the Administrator or Board, for not less than 1 year from the date of flight, the records pertaining to any flight which was

assignment of Civil Aeronautics Administration personnel to observe the tests. The request must be accompanied by an original application and copies of pertinent proposed amendments to the operations specifications, and must include sufficient data pertaining to the aircraft to satisfy the Administrator that the air carrier is prepared for the aircraft proving tests. This will allow sufficient time for making any necessary additions or corrections, thus preventing delays or misunderstandings.

(c) Conduct. After the air carrier has made all the necessary preparations to conduct the aircraft proving tests, duly designated representatives of the Civil Aeronautics Administration will be assigned to observe them. Such portions of the aircraft proving tests as may be conducted under conditions of scheduled operation shall be undertaken exactly as the operator intends to operate in scheduled air transportation when carrying passengers, property, or mail, or any combination thereof. Air carrier personnel assigned to conduct the aircraft proving tests shall be regular crew members who, it is anticipated, will be assigned to the aircraft.

(d) Conclusion. On completion of the aircraft proving tests, a reasonable period of time will be required in order that the information gained during the tests can be compiled by the field office and submitted, with recommendations regarding approval, to appropriate supervisory personnel of the Civil Aeronautics Administration.

[Supp. 16, 18 F. R. 6753, Oct. 24, 1953]

§ 41.130 Reports. Each air carrier shall furnish the Administrator the following reports:

(a) A monthly operations report shall be submitted on and in accordance with the form supplied or approved by the Administrator for the purpose not later than the 20th day of the next succeeding month.

(b) A mechanical interruption report shall be submitted on the form supplied for the purpose not later than 10 days after the return of the aircraft to its operating base. Any partial or complete instrument or equipment mechanical failure which occurs during flight shall be reported. The records of such mechanical failure must be made available to any authorized representative of the Administrator or Board on request.

§ 41.130-1 Mechanical hazard and difficulty reports (CAA rules which apply to § 41.130)-(a) Daily mechanical reports. Whenever a failure, malfunctioning, or other defect is detected in flight or on the ground in an aircraft or aircraft component which may reasonably be expected by the air carrier to cause a serious hazard in the operation of any aircraft, notice thereof shall be transmitted through the air carrier's principal maintenance base to the aviation safety agent or advisor, maintenance, assigned to the air carrier.

NOTE: Failures, malfunctionings, or other defects required to be reported under this part comprise generally the following basic items:

Fire hazards.

Structural hazards.

Serious system or component malfunctioning or failure. Unsafe procedures or conditions, and

Defects in design or quality of parts and materials found installed on aircraft or intended for such installation.

Such daily reports shall be required only where mechanical hazards have been detected; shall cover the 24-hour period from midnight to midnight of each day; and shall be transmitted to the assigned aviation safety agent or advisor, maintenance, before noon of the following working day, except that reports for Fridays, Saturdays, and Sundays may be submitted not later than noon of the following Mondays.

Such reports may be transmitted in a manner and on a form convenient to the air carrier's system of communications and procedures.

(1) Guide for preparation of daily reports. Whenever practicable, the following guide for each aircraft category should be used by the air carrier in the preparation of the daily reports:

(i) Category, "N" identification of aircraft, airline and trip number.

(ii) Emergency procedure effected (unscheduled landing, dumped fuel, etc.).

(iii) Nature of condition (fire, structural failure, etc.).

(iv) Identification of part and system involved.

(v) Apparent cause of trouble (wear, cracks, design, personnel error, etc.). (vi) Disposition (repaired, replaced, aircraft grounded, etc.).

(vii) Brief narrative summary to supply any other pertinent data required