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91.105, 107 – shoulder harness requirements

Asked by: 6819 views Commercial Pilot, FAA Regulations, Flight Instructor, General Aviation, Private Pilot, Student Pilot

I am interested in 91.105, and 91.107 regarding shoulder harness requirement during flight. Flight crews(here I will refer to training flight, me and flight instructor)are required to wear belts during taxi, takeoff and landing. My question is, can we legally draw a belt during climb, cruise and descent ?

 

Steve.

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1 Answers

  1. Best Answer


    Robert Jankowski on Apr 12, 2016

    That is a very good question!

    This is a very long explanation, but the short answer to your question is that I can find no requirements to keep your shoulder strap fastened during climb, cruise or descent, you may also have it unfastened during taxi, takeoff and landing if it interferes with your ability to perform your duties

    Now, for those of you still with me, I’ll start with some quick observances:

    Per 14 CFR 91.105(b), each crewmember, while at their station, must keep his or her shoulder strap fastened during takeoff and landing except in case of either 91.105(b)(1) where the shoulder strap is not equipped or 91.105(b)(2) if it were to inhibit the crewmember from performing their duties.

    Per 14 CFR 91.107(a)(1) no pilot may takeoff a US registered civil aircraft unless the pilot in ensures that every person on board has been instructed on how to fasten and unfasten their safety belt as well as their shoulder harness if equipped.

    Per 14 CFR 91.107(a)(2) no pilot may cause to be moved on the surface, takeoff or land the aircraft unless each person on board has been notified to fasten their seat belt and if equipped, shoulder harness.

    Per 14 CFR 91.107(a)(3) except in some cases, everyone on board has to occupy a seat and have their seatbelt and shoulder harness (if equipped) secured about them during movement on the ground, takeoff and landing.

    Now, here’s where it gets good:

    Per 14 CFR 91.107(b), paragraph (a)(3) does not apply to persons subject to 91.105 (Flight crewmembers at stations.)

    No definition of ‘takeoff’ is found in 14 CFR 1.1 (General definitions), so I would make an assumption on the side of caution and consider anything below achieving traffic pattern altitude to be part of the takeoff.

    Per 14 CFR 1.1, Crewmember means a person assigned to perform duty in an aircraft during flight time.

    So, it appears you are able to not use the shoulder strap during any phase of flight in which it would restrict your ability to perform your assigned duties.

    Also, paragraphs 91.107(a)(1) and 91.107(a)(2) only specify that the pilot in command must ensure that the occupants on the aircraft are briefed on how to use the seatbelt (and shoulder harness, if so equipped), and they must be told to secure them, the passengers are required by 14 CFR 91.519(a)(2) to comply with crewmember instructions.

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