FAR Part 61 & 91

Study-aid disclaimer

How to use Part 61 vs Part 91

Think of the two parts as answering different questions:

You need both. A current private pilot certificate does not waive §91.103 preflight action. Perfect §91.151 fuel planning does not replace a flight review under §61.56.

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Part 61 high-level: certificates, ratings, endorsements, private privileges

Certificates, ratings, and endorsements (concept map)

Under Part 61, the FAA issues airman certificates (people often say “license”). For the private-pilot airplane path you will hear:

• Student pilot certificate — required before solo (not merely before dual). Solo and solo cross-country require specific instructor endorsements and recent make/model solo endorsement timing (see §61.87 / §61.93; details on the how-to-become pillar).
• Private pilot certificate with category and class ratings (e.g., airplane — single-engine land).
• Endorsements — logbook authorizations for training stages, aircraft characteristics (e.g., complex/high-performance when applicable under §61.31), and other privileges. Endorsements are not optional paperwork; they are how Part 61 grants many operating privileges.
• Ratings (instrument, multiengine, etc.) — beyond the scope of this page’s private VFR core, but know that an instrument rating is separate from a private certificate.

Full eligibility, knowledge, flight proficiency, and §61.109 aeronautical experience tables live on [How to Become a Private Pilot → /learn/how-to-become-a-private-pilot/]. This regulations page does not reproduce the hour table.

Private pilot privileges and limitations — §61.113 (compensation carefully)

Baseline rule (§61.113(a)). Except as provided in paragraphs (b) through (h), no private pilot may:

• Act as PIC of an aircraft carrying passengers or property for compensation or hire; or
• Act as PIC of an aircraft for compensation or hire.

In plain instructor language: private flying is not a commercial ticket. “Non-common carriage” is a useful study phrase, but the regulation’s operative words are compensation or hire and the listed exceptions—do not invent a personal definition of “common carriage” from blog posts.

High-level exceptions you should recognize (read the regulation before relying on any of them):

• Incidental business (§61.113(b)): May act as PIC for compensation or hire in connection with a business or employment if the flight is only incidental to that business/employment and the aircraft does not carry passengers or property for compensation or hire.
• Pro-rata expenses (§61.113(c)): A private pilot may not pay less than the pro rata share of operating expenses of a flight with passengers, and those expenses may involve only fuel, oil, airport expenditures, or rental fees.
• Other narrow paragraphs cover certain charitable/nonprofit/community flights (§61.113(d) / §91.146), search-and-location reimbursement, aircraft salesman demos, glider towing, and limited light-sport production flight tests (§61.113(e)–(h)).

Out of scope here: Holding out, wet leases, Part 135, and “can my flying club charge for this?” scenarios. Those are CFI / aviation-attorney topics. If money changes hands beyond textbook pro-rata fuel/oil/airport/rental sharing, stop and ask before you fly.

Student vs private (pointer)

• Student pilots fly under instructor supervision and endorsements; limitations include those in §61.89 (e.g., no passengers, no compensation, visibility and other limits as applicable).
• Private pilots exercise §61.113 privileges (and Part 91 operating rules) once certificated and otherwise current/qualified.

Do not mix the two rule sets on a checkride answer.

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Currency & recent experience (§61.56 flight review; §61.57 passenger-carrying / night)

Flight review — §61.56

PIC gate. Except as provided in §61.56(d), (e), and (g), no person may act as pilot in command of an aircraft unless, since the beginning of the 24th calendar month before the month in which that pilot acts as PIC, that person has:

1. Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor; and
2. Received a logbook endorsement from the authorized instructor who gave the review certifying satisfactory completion (§61.56(c)).

Content (§61.56(a)). Except as provided in (b) and (f), a flight review consists of a minimum of 1 hour of flight training and 1 hour of ground training, including:

• A review of the current general operating and flight rules of part 91; and
• A review of maneuvers and procedures that, at the discretion of the person giving the review, are necessary for the pilot to demonstrate the safe exercise of the privileges of the pilot certificate.

Useful exceptions (know they exist; read before claiming them):

• Certain proficiency checks / practical tests within the period can substitute (§61.56(d)).
• Satisfactory completion of one or more phases of an FAA-sponsored pilot proficiency program within the period (§61.56(e)).
• A student pilot need not accomplish the flight review while undergoing training for a certificate and holding a current solo flight endorsement as required under §61.87 (§61.56(g)).

Calendar-month tip: “24 calendar months” is not the same as “24 × 30 days.” Count calendar months the way the regulation writes them; ask your CFI to walk an example with today’s date.

Recent flight experience — passenger carrying — §61.57(a)

Except as provided in §61.57(e), no person may act as PIC of an aircraft carrying persons (or of an aircraft certificated for more than one pilot flight crewmember) unless that person has made at least three takeoffs and three landings within the preceding 90 days, and:

• Acted as the sole manipulator of the flight controls; and
• Performed them in an aircraft of the same category, class, and type (if a class or type rating is required); and
• If the aircraft to be flown is an airplane with a tailwheel, those takeoffs and landings must have been made to a full stop in a tailwheel airplane (§61.57(a)(1)).

To regain that experience, §61.57(a)(2) allows acting as PIC under day VFR or day IFR with no persons or property on board other than those necessary for the flight.

Night passenger-carrying experience — §61.57(b)

Except as provided in §61.57(e), no person may act as PIC of an aircraft carrying persons during the period beginning 1 hour after sunset and ending 1 hour before sunrise unless, within the preceding 90 days, that person has made at least three takeoffs and three landings to a full stop during that same night period, as sole manipulator, in the same category/class/type (if required) (§61.57(b)(1)).

Instructor emphasis:

• Night passenger currency landings are full stop—touch-and-goes do not count for §61.57(b).
• Day currency landings need not be full stop unless tailwheel (or other rules apply).
• Being “day current” does not automatically make you legal to carry passengers in the §61.57(b) night window.

See also [Night Flying → /learn/night-flying/].

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Documents to carry (§61.3 carefully; medical / BasicMed pointer)

Pilot certificate + photo ID — §61.3(a)

When serving as a required pilot flight crewmember of a civil aircraft of the United States, you must have in your physical possession or readily accessible in the aircraft:

1. A pilot certificate (or other document authorized by §61.3(a)(1)); and
2. A photo identification meeting §61.3(a)(2) (examples include a state driver’s license, government ID, U.S. Armed Forces ID, official passport, certain airport SIDA credentials, or other ID the Administrator finds acceptable).

Medical certificate or authorized alternative — §61.3(c) / §61.23

General rule (§61.3(c)(1)): A person may serve as a required pilot flight crewmember only if that person holds the appropriate medical certificate issued under part 67 (or other documentation acceptable to the FAA) that is in physical possession or readily accessible in the aircraft—except as provided in §61.3(c)(2).

For exercising student or private pilot privileges in an airplane, you generally must hold at least a third-class medical certificate, except when operating under the conditions and limitations of §61.113(i) (BasicMed pathway) (14 CFR §61.23(a)(3)(i)).

Duration pointer (do not memorize only from secondary sources): Third-class medical duration for private/student operations depends on age at examination—see the table in §61.23(d) (commonly: under age 40 → through the end of the 60th month after the examination month; age 40 or older → through the end of the 24th month, for the private/student operations described in that table). Verify the live table.

BasicMed — brief flag only (do not duplicate a medical page)

§61.113(i) (with §61.23 / §61.3) allows eligible pilots to act as PIC or as a required flightcrew member without a current part 67 medical certificate when they hold a valid U.S. driver’s license, meet §61.23(c)(3), and comply with §61.113(i) aircraft/operating limits and logbook documentation (CMEC under part 68 and course completion). Student pilots still need the applicable student certificate/endorsements—and BasicMed does not remove the first-time medical prerequisite in §61.23(c)(3).

Critical edge case for first-time students: §61.23(c)(3)(i)(B) requires that the person have held a medical certificate issued under part 67 at any point after July 14, 2006. If you have never held an FAA medical, BasicMed is generally not available—plan on an AME visit for at least a third-class medical before solo in an airplane unless your situation is exceptional and confirmed with an AME / FAA medical sources.

Aircraft / operating limits (verify live text): §61.113(i) currently includes aircraft authorized to carry not more than 7 occupants, maximum takeoff weight not more than 12,500 pounds, no more than 6 passengers, and flights not above 18,000 feet MSL, not outside the United States unless authorized, and not exceeding 250 knots indicated—among other conditions. Keep full medical strategy on the how-to-become pillar and FAA BasicMed.

Inspection — §61.3(l)

You must present required certificates/medical (or part 68 alternative documentation) and photo ID for inspection upon request from the Administrator, an authorized NTSB representative, law enforcement, or an authorized TSA representative (§61.3(l)).

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Part 91 PIC responsibility & §91.103

Final authority — §91.3

• §91.3(a): The pilot in command is directly responsible for, and is the final authority as to, the operation of that aircraft.
• §91.3(b): In an in-flight emergency requiring immediate action, the PIC may deviate from any rule of part 91 to the extent required to meet that emergency.
• §91.3(c): If you deviate under (b), you must send a written report to the Administrator upon request.

Authority is not a slogan—it is a legal duty paired with emergency flexibility.

Preflight action — §91.103

Each PIC shall, before beginning a flight, become familiar with all available information concerning that flight. Required content includes:

For IFR, or a flight not in the vicinity of an airport (§91.103(a)): weather reports and forecasts; fuel requirements; alternatives if the planned flight cannot be completed; and any known traffic delays of which ATC has advised the PIC.

For any flight (§91.103(b)): runway lengths at airports of intended use, and takeoff/landing distance information from the approved AFM/RFM when required, or other reliable performance information appropriate to the aircraft (elevation, slope, weight, wind, temperature).

Training mnemonic (not a substitute for the regulation): Many instructors teach “NWKRAFT” or similar for cross-country preflight items. Use it as a checklist prompt, then map each letter back to §91.103 / your CFI’s briefing standard.

Suggested internal link: [Pre-flight Planning → /learn/preflight/] · [Weather Theory → /learn/weather/]

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Right-of-way — §91.113

Scope: §91.113 does not apply to aircraft operating on water (§91.113(a)); see §91.115 for water operations.

See and avoid (§91.113(b)). When weather conditions permit, vigilance shall be maintained so as to see and avoid other aircraft—whether IFR or VFR. When another aircraft has the right-of-way, give way and do not pass over, under, or ahead unless well clear.

Priority rules (student core):

ADM note: Having the right-of-way does not make a midair impossible. Right-of-way rules allocate priority; collision avoidance is still your job.

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Minimum safe altitudes — §91.119

Except when necessary for takeoff or landing, no person may operate an aircraft below:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open-air assembly of persons: 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Limited lower-altitude allowances exist for helicopters / powered parachutes / weight-shift-control aircraft under specified conditions—ASEL students: read if relevant; do not assume airplane minima apply to those categories.

Instructor emphasis: §91.119(a) is not optional fluff. Even when (b) or (c) numeric floors are met, you still need a viable forced-landing outlook relative to people and property on the surface.

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VFR fuel requirements — §91.151

Airplanes (§91.151(a)). No person may begin a flight in an airplane under VFR unless (considering wind and forecast weather) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed:

• Day: thereafter at least 30 minutes; or
• Night: thereafter at least 45 minutes.

Rotorcraft (§91.151(b)): thereafter at least 20 minutes (ASEL students: know it exists; focus on airplane numbers for your path).

Personal minimums: Regulatory reserves are a floor, not a target. Many CFIs teach planning well above 30/45 minutes—especially at night, into unfamiliar airports, or with uncertain weather. See /learn/preflight/ and /learn/night-flying/.

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Required instruments/equipment overview — §91.205 + inoperative equipment — §91.213 pointer

§91.205 — powered civil aircraft with standard U.S. airworthiness certificates

General (§91.205(a)). For the operations described in (b)–(f), the aircraft must contain the specified instruments and equipment (or FAA-approved equivalents), and those items must be in operable condition (with limited exceptions noted in the section).

VFR day (§91.205(b)) — study overview (not a complete operational checklist): Core flight/engine instruments include airspeed indicator; altimeter; magnetic direction indicator; tachometer for each engine; oil pressure gauge (pressure system); temperature gauge (liquid-cooled); oil temperature gauge (air-cooled); manifold pressure gauge (each altitude engine); fuel quantity gauge for each tank; landing-gear position indicator if retractable; plus seat belts / shoulder-harness rules by manufacture date, ELT when required by §91.207, and other listed items. Read the full paragraph for your airplane—this page intentionally does not reprint every subparagraph.

VFR night (§91.205(c)): Everything required for day VFR in (b), plus (among other items) approved position lights; an approved aviation red or white anticollision light system; an adequate source of electrical energy for installed electrical and radio equipment; spare fuses as specified; and, if operated for hire, an electric landing light. See eCFR for the complete night list.

IFR / FL240 / NVG: §§91.205(d)–(h) exist; private VFR students should know IFR equipment is a separate bucket for later ratings.

Exam memory aid (training only): Many schools still use “GOOSE A CAT” / “FLAPS” style mnemonics for day/night. Treat mnemonics as study prompts, then verify against §91.205 and the aircraft’s equipment list / KOEL—mnemonics lag regulation amendments.

Inoperative instruments and equipment — §91.213 (pointer)

You generally may not take off with inoperative instruments or equipment installed unless you comply with §91.213—typically via an approved MEL and letter of authorization (§91.213(a)), or, when eligible, the non-MEL process in §91.213(d) (placard/deactivate or remove; not part of VFR-day type certification equipment; not required by §91.205 or an AD for the operation; pilot or qualified maintenance person determines no hazard; etc.).

Student takeaway: Broken ≠ “fly anyway.” If something is inoperative, stop and work §91.213 / maintenance / your instructor before launch. Full MEL procedure teaching is out of scope here.

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Tie-ins (read these next)

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Common pitfalls

1. Confusing flight review with passenger currency. §61.56 (24 calendar months) keeps you legal as PIC generally; §61.57 (90 days) is required to carry persons. You can be “flight-review current” and still not passenger-current.
2. Night currency clock. §61.57(b) uses 1 hour after sunset / 1 hour before sunrise, not “whenever it’s dark,” and requires full-stop landings.
3. Wrong category/class for currency. Landings in a multiengine do not satisfy single-engine land passenger currency (same category, class, and type if required).
4. Tailwheel full-stop rule forgotten for day currency (§61.57(a)(1)(ii)).
5. §61.113 expense sharing overreach. Pro-rata is limited to fuel, oil, airport expenditures, or rental fees—and you may not pay less than your share. “I’ll fly you for gas money plus my time” is how private pilots get into trouble.
6. BasicMed assumed for brand-new students. Without a prior part 67 medical after July 14, 2006, BasicMed generally does not open the door—see AME.
7. Fuel reserve as a planning target. Day 30 / night 45 minutes are minimums to begin the flight under §91.151—not a recommendation to arrive with empty tanks mentally.
8. Minimum altitude only memorized as “1,000 / 500.” Missing §91.119(a) emergency-landing standard and the 2,000-foot horizontal radius wording.
9. Right-of-way without see-and-avoid. Priority rules do not replace vigilance (§91.113(b)).
10. Inoperative equipment shrug. “It’s just the [light/gauge]” still implicates §91.205 / §91.213.

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FAQ

Do I need my certificate and medical in my pocket, or is “in the airplane” enough?

§61.3 requires the pilot certificate and photo ID (and medical or acceptable alternative documentation when required) to be in your physical possession or readily accessible in the aircraft when exercising privileges. “Left at home” fails either way.

If I am flight-review current, may I carry passengers?

Only if you also meet §61.57 recent experience for the category/class (and night rules if in the §61.57(b) window), plus medical/BasicMed qualification and all applicable Part 91 rules. Flight review ≠ passenger currency.

May a private pilot split costs with passengers?

Under §61.113(c), you may not pay less than the pro rata share of operating expenses limited to fuel, oil, airport expenditures, or rental fees. That is not a general license to charge for pilot services. When in doubt, ask your CFI before the flight—not after a complaint.

What is the day vs night VFR airplane fuel reserve?

Under §91.151(a): enough fuel to the first point of intended landing, then 30 minutes by day or 45 minutes at night at normal cruising speed (considering wind and forecast weather).

Does BasicMed replace a student pilot’s first medical?

Generally no for someone who has never held a part 67 medical after July 14, 2006 (§61.23(c)(3)). See an AME and the how-to-become pillar / FAA BasicMed page.

Where are the private pilot hour requirements?

§61.109 (and Part 141 appendix minima if applicable). See /learn/how-to-become-a-private-pilot/—not duplicated here.

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Practice questions

1. To act as PIC of an airplane carrying passengers during the day, what recent experience does §61.57(a) generally require?

Show answer

At least **three takeoffs and three landings** within the preceding **90 days** as sole manipulator in the same category/class (and type if required). Tailwheel airplanes require those landings **to a full stop** in a tailwheel airplane.

2. Within what period must a flight review have been accomplished to act as PIC (general rule under §61.56(c))?

Show answer

Since the beginning of the **24th calendar month** before the month in which you act as PIC (with required instructor endorsement), unless a listed exception applies.

3. What are the §91.151(a) VFR fuel reserves for airplanes after reaching the first point of intended landing?

Show answer

**Day:** at least **30 minutes**; **night:** at least **45 minutes**—at normal cruising speed, considering wind and forecast weather.

4. Over a congested area (except for takeoff or landing), what minimum altitude does §91.119(b) require?

Show answer

**1,000 feet** above the highest obstacle within a horizontal radius of **2,000 feet** of the aircraft.

5. Under §91.113, when two aircraft of the same category converge at approximately the same altitude (not head-on), who has the right-of-way?

Show answer

The aircraft to the other’s **right**.

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