Lights Req for night flight

6 Answers

1. 
   

   
   

   John D. Collins on Jan 09, 2012

   From my reading of 91.205(c), the aircraft must be equipped with an anticollision light system for VFR night operation.
   FAR 91.205 (c) describes the required equipment for VFR night flight. Item 3 is quoted below:
    
   “An approved aviation red or aviation white anticollision light system on all U.S.-registered civil aircraft. Anticollision light systems initially installed after August 11, 1971, on aircraft for which a type certificate was issued or applied for before August 11, 1971, must at least meet the anticollision light standards of part 23, 25, 27, or 29 of this chapter, as applicable, that were in effect on August 10, 1971, except that the color may be either aviation red or aviation white.”

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2. Best Answer
   
   

   
   

   n on Jan 09, 2012

    You dont need them, since the PA-12 was built before 1957
    
    per FAA AC20-30B
   (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/94d4758b3f48035186256bf40064457d/$FILE/AC20-30B.pdf)

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3. 
   

   
   

   Nathan Parker on Jan 09, 2012

   “You dont need them, since the PA-12 was built before 1957”
    
   No, that AC just points out that there was no CAR 3 or FAR Part 23 requirement for them prior to that date.  91.205(c) lays an additional burden on these aircraft that was not required by the original certification standards.  This is pointed out by the paragraph in the AC:
    
   b. Operational Requirements. Some airworthiness requirements have been made retroactive by Anendment 1-90, which amended 91.33(c)(3) of the FAR.
   
   91.33(c)(3) later became 91.205(c)(3).
    

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4. 
   

   
   

   John D. Collins on Jan 09, 2012

   N,
    
   I am willing to learn.  How does the AC exempt an aircraft from 91.205 (c) (3) which requires the use of anti-collision lights?
    
   It reads in part (emphasis is mine):
   c) Visual flight rules (night). For VFR flight at night, the following instruments and equipment are required:
    

   (1) Instruments and equipment specified in paragraph (b) of this section.

   (2) Approved position lights.
   (3) An approved aviation red or aviation white anticollision light system on all U.S.-registered civil aircraft.
    
   It states this requirement is for all US registered aircraft, there are no exceptions listed. The PA-12 was certified under CAR 3 and did not come with an anticollision light system installed. In order to meet this requirement for night flight, it would have to have one installed. If the installed anticollision light system was initially installed after August 11, 1971, it would have to meet the requirement of part 23 that was in effect on August 10, 1971 which required that the anticollision light be aviation red (23.1401). The wording of the next section of 91.205 (c) (3) goes on to state that for an anticollision light system initially installed after August 11, 1971  that it must al least meet the requirements in effect on August 10, 1971, except that it could be aviation red or white.
    

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5. 
   

   
   

   Bill Trussell on Jan 10, 2012

   At the risk of piling on to this issue, No Advisory Circular should be used to ammend an FAR.  They are created and intended to provide guidance on interpretation of the rules and provide details on how to comply with them. I would also caution anyone on the citation of an Advisory Circular (AC) that dates from 1981.  What is missing is the possibility that such a document has been cancelled or otherwise revised since that time.
   FARs, while not always clearly written, are intended to stand on their own.  While it is true that the FAA sometimes relies on information in ACs to enforce the rules it writes, it does not, and legally can not, rely on ACs to ammend the rules or exempt certain aircraft  or pilots unless the rule specifically states those exceptions.
   In this case the rule, and common sense for that matter, state that an aircraft operated at night should have an anti-colision light or system.  I would suggest that both “Nav Lights” and anti-collision lighting are required in this and all cases for night operations.
    

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6. 
   

   
   

   John D. Collins on Jan 10, 2012

   OK, I did the research.  The answer provided by N is incorrect, even though an owner of a PA-12 might like it to be otherwise. What he stated was once true, but is no longer.

   Aircraft certified under CAR 3 before Revision 1, such as the PA-12, did not require an anticollision light system. The CAM (Civil Aeronautics Manual) regulations took that into effect in that it did not require anticollision lights for night flight if the aircraft was originally certified without requiring them. In 1963, the CAM formed the basis of our current FAR part 91.  The original FAR that covered the equipment that was required for night flight was section 91.33.  It continued to have the wording for the exception regarding the requirement for an anticollision light system. On July 10, 1971, the FAA issued an amendment to 91.33, to be effective August 11 1971, that changed the rule to require anticollision lights be installed on all US registered aircraft and gave one year for compliance.  The rule was eventually changed to the current wording and in 1989 was renumbered to 91.205.  Below is wording from the amendment and I would suggest it is abundantly clear that all US aircraft require an anticollision light system, including the PA-12.

    

   SUMMARY: The purpose of these amendments is to (1) permit the use of either aviation red or aviation white anticollision light systems; (2) expand the chromaticity-coordinate range for aviation white; (3) increase the minimum effective intensities for anticollision lights installed on all aircraft to be type certified after the effective date of these amendments; and (4) require that within 1 year after the effective date of these amendments all powered civil aircraft with standard airworthiness certificates have an approved anticollision light system for night flight.
   EFFECTIVE DATE: August 11, 1971

   SUPPLEMENTARY INFORMATION:
   These amendments are based on a notice of purposed rule making (Notice 70-21) published in the Federal Register on June 4, 1970(35 F.R. 8665). Numerous comments were received in response to the notice and except to the extent that a comment merely repeated issues which were discussed in detail and properly disposed of in the notice, the FAA’s disposition of those comments are set forth hereinafter.

   Several comments objected to the requirement that all aircraft flying at night must be fitted with an approved anti-collision light. One commentator pointed out that certain operators of small aircraft may fly for a few minutes after dark but only to reach a destination and that such operators should not be burdened with an expensive anticollision light requirement. Another commentator took a similar position with respect to aircraft that are operated at night only in local areas or only in an emergency. The FAA does not agree. With proper flight planing, flight after dark can usually be avoided without inconvenience. Moreover, any aircraft operating at night without an approved anticollision light constitutes a hazard regardless of whether it is being operated in a local area or in an emergency.

   ***

    

   5. Subparagraph (3) of paragraph (c) of Sec. 91.33 is amended to read as follows:

   Sec. 91.33 Powered civil aircraft with standard category U.S. airworthiness certificates; instrument and equipment requirements.
   * * * * *
   (c) Visual flight rules (night). * * *
   (3) An approved aviation red or aviation white anticollision light system on all large aircraft on all small aircraft when required by the aircraft’s airworthiness certificate, and on all other small aircraft after August 11, 1972. Anticollision light systems initially installed after August 11, 1971, must at least meet the anticollision light standards of Parts 23, 25, 27, or 29, as applicable, that were in effect on August 10, 1971, except that the color may be either aviation red or aviation white. In the event of failure of any light of the anticollision light system, operations with the aircraft may be continued to a stop where repairs or replacement can be made.

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