12 December 2012

Charts: Are They Required?

One of the things that really drives me nuts is misinformation.  I know that in a lot of the cases, some people just don't know any better, and I also fall victim to that from time to time, but people should be more aware of how they can affect others, intellectually.

Before I go any further, I'll ask you the same question I hear all the time:

If you walk out to your aircraft and get ramp checked, can you be faulted for not having charts, or for not having current charts?


Many pilots I know would answer simply "yes," but the answer is a little more complex than that.

The Letter of the Law
For a good number of people, the answer would actually be no.  Surprise!
The only times charts are required are for Part 135 (Commuter/On-Demand), Part 121 (Air Carrier) and Part 91.503 (large/turbojet) flights.  Since many of my friends are flying around in your average light general aviation (GA) aircraft, none of those requirements apply.  Furthermore, there is also no language pertaining to those flights that says your charts must be current.

Beyond that issue, I've also heard people tell others that an iPad application with charts on it doesn't count as a chart.  Even recently, there was a blog post where the author mentioned his designated examiner (DE) friend would discontinue checkrides if someone showed up with an iPad without backup charts.  Now, contrary to the above mention that your everyday Part 91 flight has no chart requirements, checkrides do actually have a chart requirement, inferred by the practical test standards (PTS).  The PTS does not, however, specify the chart medium - printed or otherwise.

I know, a lot of you must be thinking, well you're just implying things, and the FAA would probably still fault you for it, but I'm not.  Here's what the FAA has to say:

What is the FAA policy for carrying current charts?

The term "charts" is not found in the FAA's Part 91 regulations (other than for large and turbine-powered multiengine airplanes in 91.503[a]). The specific FAA regulation, FAR 91.103 "Preflight Actions," states that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. What is not specifically addressed in the regulation is a requirement for charts. You should always carry a current chart for safety's sake. An expired chart will not show new frequencies or newly constructed obstructions, some of which could be tall enough to be a hazard along your route of flight.
    The only FAA/FAR requirements that pertain to charts are:
  • Title 14 CFR section 91.503[a] (Large and Turbojet powered aircraft)
  • Title 14 CFR section 135.83 (Air Carriers-Little Airplane)
  • Title 14 CFR section 121.549 (Air Carrier-Big Airplanes)
    The FAA has rendered interpretations that have stated the foregoing. The subject of current charts was thoroughly covered in an article in the FAA's July/August 1997 issue of FAA Aviation News. That article was cleared through the FAA's Chief Counsel's office. In that article the FAA stated the following:
  1. "You can carry old charts in your aircraft." "It is not FAA policy to violate anyone for having outdated charts in the aircraft."
  2. "Not all pilots are required to carry a chart." "91.503..requires the pilot in command of large and multiengine airplanes to have charts." "Other operating sections of the FAR such as Part 121 and Part 135 operations have similar requirements."
  3. ..."since some pilots thought they could be violated for having outdated or no charts on board during a flight, we need to clarify an important issue. As we have said, it is NOT FAA policy to initiate enforcement action against a pilot for having an old chart on board or no chart on board." That's because there is no regulation on the issue.
  4. ..."the issue of current chart data bases in handheld GPS receivers is a non-issue because the units are neither approved by the FAA or required for flight, nor do panel-mounted VFR-only GPS receivers have to have a current data base because, like handheld GPS receivers, the pilot is responsible for pilotage under VFR.
  5. "If a pilot is involved in an enforcement investigation and there is evidence that the use of an out-of-date chart, no chart, or an out-of-date database contributed to the condition that brought on the enforcement investigation, then that information could be used in any enforcement action that might be taken."
If you, as an FAA Safety Inspector, Designated Pilot Examiner, Flight Instructor, or other aviation professional are telling pilots something other than the foregoing then you are incorrect.
Source

That last sentence is pretty clear.

Note, however, that they do mention that they strongly encourage carrying charts, and that they will throw the book at you if something happens and your out-of-date or lack of charts was a factor (point five, above).

The Letter of Sense
I always hesitate raising this issue because people look at me like I'm trying to encourage recklessness.  My intent isn't to raise the issue to say that you should now go blazing around the skies without charts, hoping that you won't hit a mountain, bust airspace, or manage to get tangled up in some guy wires.  My intent is to raise the issue so that people can exercise a little of their own aeronautical decision making.  I would say that there's a sizable group out there who will still look at me like I'm an idiot, because any intelligent person would always have charts in their plane.  They'd likely say that it doesn't matter who does or doesn't require them to be with you.  I'd agree with them, but only to a certain degree.

My father always taught me his own version of dead right, and I'm reminded of it all the time:
You may be right, but you'd also likely be dead.

As an example, say you're riding on a motorcycle, and you roll up to a light that has just changed green.  Do you check to make sure traffic isn't going to blow through the red light, or do you just look ahead and hope? I'm hoping you'd opt for the former.  In the fight between cars and motorcycles, the car usually wins.  In the later fight between your body and the road, the road almost always wins.  The rule said that person should've stopped, and that you had right of way.  They're in the wrong, but you're now either dead or pretty roughed up.

The rule saying one thing or another doesn't mean your safety is going to be guaranteed.  Regardless of what the regulation says, you need to be in charge of your own safety.  To me, though, it's better that the rule doesn't necessarily specify that charts are required at all times.  I'd argue that knowing this then makes it a conscious choice for you to carry charts from here on out.  With that, you're making a conscious decision to be safe, and those who are consciously involved in a process - in this case, safety - are likely to take it more seriously.

Taking it Further
When coaching people to make improvements in their lives, life coaches often suggest an approach that focuses on adjusting one specific thing at a time.  The analogy given to me by someone teaching me adult learning theory was this:

"If you try to start a fire by moving a magnifying glass around to multiple areas, you will fail, but if you leave it in one spot long enough it will catch fire and spread."

If you're looking to become a safer pilot, concentrate on trying to be safe in one aspect at a time.  The nice thing about the chart issue is that you've likely always been doing it, but you've never done it consciously.  Now that you know it's not a requirement and you don't have to fear being faulted in a ramp check, you have to make the decision for yourself to bring those charts with you.  Your conscious decision to bring those charts is likely one you'll make in the interest of safety.  From there, you'll be amazed at how many other things you might do in order to conduct your flights more safely.

One Last Note: The Electronics Issue
Earlier, I mentioned a DE who would discontinue students if they showed up without backup charts.  I followed that up by saying that the PTS does not specify that the charts must be printed.  The linked post does go further to say that the DE's own backup is another electronic device.  While electronics have gotten a lot more reliable over the years, they still manage to fail at the worst possible times, so backups are still worth having.  The stats on paper charts spontaneously combusting, flying out of the window, or otherwise "failing" on the other hand are very low.

Digging up an old picture from my pilot bag review, you'll note there are still paper charts in there, despite the iPad prominently displayed in front.



Just to cover my own rear, here's a generic disclaimer:
The content provided here is informational only, and is not in any way, shape, or form legal guidance.  If any doubts exist, please contact your local FSDO, the administration, or an aviation lawyer.