FAA Regulations — The Rules That Govern Every Flight
FAA regulations are the legal framework of US aviation. The written test draws more questions from regulations than almost any other category. This module covers every regulation you need to know — not just what the rules say, but why they exist, what the specific numbers are, and how to apply them to real scenarios.
- Explain the difference between FARs (legally binding) and the AIM (advisory)
- State passenger-carrying and night currency requirements with specific timeframes
- List all required aircraft documents and inspection intervals from memory
- Apply VFR cruising altitude rules to any magnetic course
- Explain right-of-way priority order and converging aircraft rules
- State the alcohol regulations including the 8-hour rule and 0.04% BAC limit
- Calculate fuel reserve requirements for day and night VFR flights
Lesson 1 — The Regulatory Structure
US aviation is governed by a hierarchy of authority that every pilot must understand. At the top is Congress, which passes the Federal Aviation Act. The FAA (Federal Aviation Administration), an agency of the Department of Transportation, implements that law through Federal Aviation Regulations (FARs) — formally published as Title 14 of the Code of Federal Regulations (14 CFR). These are the law. Violating an FAR can result in certificate action, civil penalties, or criminal prosecution.
Separate from the FARs is the Aeronautical Information Manual (AIM). The AIM explains how the National Airspace System works, recommends procedures, and provides explanatory information. Crucially, the AIM is not regulatory — it carries no legal authority. When the AIM recommends something and a FAR requires something different, the FAR governs. This distinction appears on the written test and is important in practice: following AIM guidance doesn't substitute for FAR compliance.
The key regulatory parts for private pilots
| Part | Title | What it covers |
|---|---|---|
| Part 61 | Certification of Pilots | Certificate requirements, ratings, training rules, currency, logbook requirements |
| Part 91 | General Operating Rules | VFR/IFR rules, speed limits, right-of-way, fuel requirements, equipment requirements |
| Part 43 | Maintenance | Inspection requirements, who can perform maintenance, return to service procedures |
| Part 71 | Airspace Designation | Definition and boundaries of all airspace classes |
| Part 39 | Airworthiness Directives | Mandatory safety-of-flight fixes required by the FAA |
Lesson 2 — Pilot Currency (FAR 61.57)
A pilot certificate never expires. But currency — the recency of experience required to exercise certificate privileges — must be maintained independently. This distinction is critical: an expired medical makes you non-current to fly as PIC; it doesn't revoke your certificate. Letting currency lapse is very different from losing your certificate. See all FAA certificates and ratings →
Passenger-carrying currency — FAR 61.57(a)
To act as PIC and carry passengers, you must have made at least 3 takeoffs and 3 landings within the preceding 90 days in an aircraft of the same category, class, and type (if type rated). This means: to carry a passenger in a single-engine land airplane, you need 3 takeoffs and 3 landings in a single-engine land airplane within the past 90 days.
Scenario: Your last 3 landings were in a multi-engine airplane 60 days ago. Today you want to take a friend flying in your Cessna 172.
Answer: You are NOT current to carry a passenger. The 3 landings must be in the same category (airplane ✓) and class (single-engine land ✗ — you flew multi-engine). You need to fly the 172 solo first to re-establish currency before taking passengers.
Night passenger currency — FAR 61.57(b)
To carry passengers at night, those 3 required takeoffs and landings must meet additional criteria: they must be full-stop landings (not touch-and-goes) and they must occur during the night period — the time beginning 1 hour after sunset and ending 1 hour before sunrise. Touch-and-go landings at night do not satisfy this requirement.
Night currency trap: Many pilots maintain daytime passenger currency with touch-and-go landings, but these don't count for night currency. You could be fully current to fly solo at night, current to carry day passengers, but NOT current to carry passengers at night — because you haven't done 3 full-stop night landings in the past 90 days. Verify each requirement separately.
Flight review — FAR 61.56
Every pilot must complete a flight review at least once every 24 calendar months. The review consists of a minimum of 1 hour of ground training and 1 hour of flight training with a certificated flight instructor. There is no pass/fail — the CFI reviews to their satisfaction and endorses the logbook. If the CFI is not satisfied, they simply don't endorse — no formal failure is recorded.
Calendar months run to the end of the month. If your flight review was completed any day in March 2023, it remains valid until March 31, 2025. This extra-month grace is a common source of confusion — and a common written test question.
A successful checkride for a certificate or rating counts as a flight review. So does completion of certain FAA-approved safety programs (Wings). You do not need a separate flight review if you complete a checkride within the 24-month window.
Instrument currency — FAR 61.57(c)
To act as PIC under IFR or in less than 3 statute miles visibility, within the preceding 6 calendar months you must have logged: at least 6 instrument approaches, holding procedures, and intercepting/tracking courses. If instrument currency lapses, an Instrument Proficiency Check (IPC) with a CFII or DPE is required before acting as PIC in IMC.
Lesson 3 — Required Aircraft Documents and Inspections
Required documents — AROW
Four documents must be on board for every flight. The mnemonic AROW makes them easy to remember:
| Letter | Document | Details |
|---|---|---|
| A | Airworthiness Certificate | Issued when aircraft first certificated. No expiration date — but must be displayed where visible to passengers. Aircraft must remain airworthy to operate under it. |
| R | Registration Certificate | FAA registration. Expires every 3 years — must be renewed. Must match the aircraft N-number. Keep a copy in the aircraft; original may be kept in a safe. |
| O | Operating Handbook (POH/AFM) | The FAA-approved Pilot's Operating Handbook or Airplane Flight Manual for that specific aircraft serial number. A generic POH of the same model is not sufficient. |
| W | Weight and Balance | Current weight and balance data for the specific aircraft, reflecting any modifications. Must account for the actual empty weight, not a generic fleet average. |
Required inspections — AVIATES
| Letter | Inspection | Interval | Applies to |
|---|---|---|---|
| A | Annual inspection | Every 12 calendar months | All aircraft not operated for hire |
| V | VOR accuracy check | Every 30 days | IFR operations only (not required for VFR) |
| I | 100-hour inspection | Every 100 flight hours | Aircraft used for hire or flight instruction for hire |
| A | Altimeter/static system | Every 24 calendar months | IFR operations only |
| T | Transponder | Every 24 calendar months | Any controlled airspace (required under FAR 91.413) |
| E | ELT | Per manufacturer schedule; battery expires per label | All aircraft (except gliders and some others) |
| S | Static system | Every 24 calendar months | IFR operations (combined with altimeter check) |
100-hour vs Annual — the key difference: The 100-hour inspection is required in addition to the annual for aircraft used to carry persons for compensation or hire, or to provide flight instruction for hire when the aircraft is provided by the school. A rental Cessna at a flight school needs both. Your personally-owned aircraft flown for personal use needs only the annual. The 100-hour may be overflown by up to 10 hours for the purpose of flying to a maintenance facility — but the next 100-hour interval is calculated from where it should have been, not from where it actually was performed.
Lesson 4 — VFR Cruising Altitudes
When flying more than 3,000 feet above the surface on a VFR cross-country, FAR 91.159 specifies which altitudes you must use based on your magnetic course. This rule applies equally to all VFR aircraft and exists to provide altitude separation between VFR and IFR traffic (which uses even thousands of feet) and between eastbound and westbound VFR traffic.
VFR cruising altitude scenarios:
Q: Magnetic course 075° (eastbound). What VFR altitudes are appropriate?
A: Odd thousands + 500: 3,500 · 5,500 · 7,500 · 9,500 ft MSL. Choose based on airspace, terrain, and clouds.
Q: Magnetic course 215° (westbound). What altitude is correct?
A: Even thousands + 500: 4,500 · 6,500 · 8,500 ft MSL — not 5,000 (that's IFR westbound) and not 5,500 (that's VFR eastbound).
Note: This rule applies when flying more than 3,000 ft above the surface. Below that altitude — or in the traffic pattern — no specific cruising altitude is required.
Lesson 5 — Right-of-Way Rules (FAR 91.113)
Right-of-way rules determine which aircraft has priority when two aircraft are converging or otherwise in conflict. These rules are based on maneuverability — less maneuverable aircraft have priority because they have the least ability to avoid conflict.
The priority order
| Priority | Aircraft / Situation | Why |
|---|---|---|
| 1st | Aircraft in distress | Emergency — absolute right of way over all |
| 2nd | Balloon | Least maneuverable — cannot deviate |
| 3rd | Glider | Cannot adjust speed or initiate powered escape |
| 4th | Aircraft towing or refueling | Constrained by the towed object |
| 5th | Engine-driven aircraft | Most maneuverable — must yield to all above |
Converging aircraft — the most tested scenario
When two aircraft are converging at approximately the same altitude and neither is in distress or in a higher-priority category, the aircraft on the right has the right of way. The aircraft on the left must yield — give way to the aircraft on your right. This is the same as maritime collision avoidance rules and produces orderly traffic flow.
Converging scenario — common exam question:
Aircraft A is flying north. Aircraft B is approaching from the west on a converging course. Both are at the same altitude. Who has right of way?
From Aircraft A's perspective: Aircraft B is approaching from A's right side. Therefore Aircraft B has the right of way — Aircraft A must yield (turn right, climb, descend, or slow to pass behind B).
Key: identify the relative position (left or right) from each aircraft's perspective. The aircraft that sees the other to its right has right of way.
Head-on, overtaking, and landing
Head-on: Both aircraft must turn right. No exceptions — both pilots turn right to pass left-to-left of each other, creating a consistent separation standard.
Overtaking: The aircraft being overtaken has right of way. The overtaking aircraft passes to the right of the slower aircraft. This applies in the air and on the runway — a faster aircraft overtaking a slower one must give way.
Landing: Aircraft on final approach or landing have right of way over aircraft in flight and on the ground. However, you may not cut in front of another aircraft that is on final to force them to go around. An aircraft that is lower on final has right of way over one that is higher.
Lesson 6 — Speed Limits, Minimum Altitudes, and Alcohol
Speed limits — FAR 91.117
| Location | Speed Limit | Notes |
|---|---|---|
| Below 10,000 ft MSL (general) | 250 KIAS maximum | Applies everywhere below 10,000 ft |
| Within Class B airspace | 200 KIAS maximum | Also applies below the floor of a Class B shelf |
| Within 4 nm of Class C or D primary airport, below 2,500 AGL | 200 KIAS maximum | Even if not in the Class C or D itself |
Minimum safe altitudes — FAR 91.119
There is no regulation that specifies a single "minimum altitude for VFR flight" — instead, FAR 91.119 establishes minimums based on what is below you:
- Congested areas (cities, towns, settlements, open-air assemblies of persons): at least 1,000 ft above the highest obstacle within a 2,000 ft horizontal radius. This means if there's a 400 ft building in the city below, you need to be at least 1,400 ft AGL over it.
- Other than congested areas: at least 500 ft above the surface. Over open water or sparsely populated areas: not closer than 500 ft to any person, vessel, vehicle, or structure.
- Anywhere: not at an altitude that prevents an emergency landing without undue hazard to persons or property on the surface if a power unit fails.
Alcohol regulations — FAR 91.17
FAR 91.17 is unambiguous and strictly enforced. No person may act as a crewmember of a civil aircraft while:
- Within 8 hours after consuming alcohol ("bottle to throttle")
- Under the influence of alcohol, regardless of time elapsed
- With a blood alcohol concentration of 0.04% or more
- Using any drug that adversely affects safety of flight
The 8-hour rule is the legal minimum. The aviation industry standard is 12–24 hours. Alcohol remains in the system and impairs performance at levels well below 0.04% BAC. The "I feel fine" test is not reliable — alcohol specifically impairs the self-assessment of impairment. A pilot who believes they are fine after 3 drinks is demonstrating the effect of alcohol, not the absence of it.
Drug regulations and medications: FAR 91.17 also prohibits flying while using any drug that adversely affects the pilot's faculties. This includes prescription medications, over-the-counter drugs, and substances not traditionally classified as "drugs." Many common OTC medications — antihistamines (Benadryl, Claritin), decongestants (Sudafed), sleep aids, and even some pain relievers — impair pilot performance measurably. The standard: if the drug affects how you feel, it may affect how you fly. Consult an AME or the FAA's AMCS medication database before flying on any medication.
Lesson 7 — Fuel Requirements and Preflight Obligations
VFR fuel requirements — FAR 91.151
Before beginning any flight, the PIC must ensure the aircraft carries enough fuel to fly to the first point of intended landing plus a required reserve:
- Day VFR: fuel to destination + 30 minutes at normal cruising speed
- Night VFR: fuel to destination + 45 minutes at normal cruising speed
Fuel planning worked example:
Day VFR flight. Distance to destination: 180 nm. Groundspeed: 110 kts. Fuel burn: 9 GPH. Usable fuel on board: 38 gallons.
Flight time: 180 ÷ 110 = 1.64 hours = 98 minutes
Enroute fuel: 9 × 1.64 = 14.7 gallons
Required reserve: 30 min = 0.5 hr × 9 GPH = 4.5 gallons
Total required: 14.7 + 4.5 = 19.2 gallons
Available: 38 gallons ✓ — legal to depart with significant margin
Best practice: Plan to land with at least 1 hour of fuel rather than the 30-minute legal minimum. Weather diversions, headwinds stronger than forecast, and ATC delays consume reserves quickly.
Preflight action requirements — FAR 91.103
Before every flight, the PIC must "become familiar with all available information concerning that flight." This is a broad legal obligation — not just checking weather. For IFR or cross-country flights, FAR 91.103 specifically requires review of:
- Weather reports and forecasts
- Fuel requirements
- Alternatives available if the planned flight cannot be completed
- Any known traffic delays reported by ATC
- Runway lengths at airports of intended use
- Takeoff and landing distance data for current conditions
For local VFR flights, the requirement is less specific — but the principle remains. You must be informed about conditions relevant to your flight. Flying into deteriorating weather you knew about at departure and ignored does not create a regulatory defense.
- FARs are law (legally binding). AIM is advisory (recommended practices only). When they conflict, FARs govern.
- Passenger currency: 3 takeoffs/landings in preceding 90 days, same category, class, and type.
- Night passenger currency: those 3 must be full-stop landings during the night period (1 hr after sunset to 1 hr before sunrise).
- Flight review: every 24 calendar months — 1 hr ground + 1 hr flight. Valid to end of month 24. Checkride satisfies this requirement.
- AROW required documents on board. Airworthiness certificate displayed where visible to passengers.
- Annual: 12 calendar months, all aircraft. 100-hour: aircraft used for hire/instruction for hire (in addition to annual).
- VFR cruising altitude: East (0–179°) = odd thousands + 500. West (180–359°) = even thousands + 500. Applies above 3,000 ft AGL.
- Right-of-way priority: distress > balloon > glider > towing > powered. Converging: yield to your right. Head-on: both turn right.
- Alcohol: 8-hour bottle-to-throttle (minimum), no influence, BAC below 0.04%. Industry standard: 12–24 hours.
- Fuel: day VFR = destination + 30 min. Night VFR = destination + 45 min. These are legal minimums — not best practice.