FAA Regulations Applied
by Tom Buchanan, S&TA

(UPDATED MAY 2004 TO REFLECT NEW WEB ADDRESS FOR FAR'S)

Federal Aviation Regulations (FAR’s) are important, and following those FAR’s is mandatory. The FAA has published specific regulations that cover a number of topics of interest to skydivers, all listed in 14 CFR (Code of Federal Regulations). Specific "parts" of the regulations cover specific elements of aviation. Most of the FAA regulations relevant to skydiving are reprinted in the USPA SIM, available as a free download at www.uspa.org, or available in print form at The Ranch school office. All FAA Title 14 CFR regulations are listed on the official FAA Title 14 CFR web site.

Part 1 - Definitions and Abbreviations

Part 61 - Certification: Pilots, Flight Instructors, and Ground Instructors

Part 65 - Certification: Airmen other than Flight Crewmembers (Riggers, etc.)

Part 91 - General Operating and Flight Rules (Pilots and Airplanes)

Part 105 - Parachute Operations

Part 119 - Certification: Air Carriers and Commercial Operators

Part 105 is the primary regulation that covers skydiving. It was recently rewritten and massaged by the FAA, with a new Part 105 published in 2001. The rules covered by Part 105 include new language and a set of definitions that many experienced jumpers may not be aware of. The FAA now uses parachute operation to replace parachute jump, a seemingly insignificant change with a huge impact. There tends to be some confusion among skydivers over who can be faulted and penalized for regulatory violations, and this language addresses that issue. Since there has been confusion, perhaps it is appropriate to dissect one of the more commonly referenced parachuting regulations and look carefully at the new language.

The Catch All Regulation

Part 105.5 (General) reads as follows: "No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from an aircraft, if that operation creates a hazard to air traffic or to persons or property on the surface." This is a catch all regulation that mandates safe conduct on the part of everybody involved in making a skydive, and it gives the FAA wide latitude in assessing enforcement action if a hazard is created that threatens any other airplanes, or people, or property on the ground. The old regulation tended to limit responsibility to the jumper and pilot, but the language in the newly created part 105 significantly broadens that responsibility.

There are two keys terms that are used in 105.5, and then used in many other places within Part 105. We should understand how the FAA defines "person" and "parachute operation," because these terms give the agency broad enforcement authority.

"Person" is defined by Part 1.1 as follows: "Person means an individual, firm, partnership, corporation, company, association, joint-stock association, or government entity. It includes a trustee, receiver, assignee, or similar representative of any of them." The FAA was kind enough to send two representatives to our 2003 Safety Day, and they carefully dissected this definition and made it very clear that "person" is indeed defined broadly under regulation.

"Parachute operation" is defined by Part 105.3 as follows: "Parachute Operation means the performance of all activity for the purpose of, or in support of, a parachute jump or parachute drop. This parachute operation can involve, but is not limited to, the following persons: Parachutist, parachutist in command and passenger in tandem parachute operations, drop zone or owner or operator, jump master, certified parachute rigger, or pilot." Note the regulation lists some entities that are specifically included in the term "parachute operation", but it makes clear that the term is not limited to just these entities.

The FAA expects responsible and safe conduct on the part of everybody involved in a parachute jump, and they have authority to penalize a wide variety of individuals and entities when regulations are violated. Part 105.5 (above) is a general regulation that can be applied to many situations either alone, or in concert with other regulations. The terms person and parachute operation used in Part 105.5 are also used in other places within Part 105, giving the regulations an extended reach.

The new language can easily be viewed as a "gottcha" that grants much broader authority to the FAA. Alternatively, it can be viewed as more positive guidance that tells us the FAA expects the skydiving industry and individual drop zones to exercise general responsibility at all levels. Within that context, the new language is a positive change because it recognizes that we have the ability to supervise and regulate ourselves, both as individuals and as a group. As long as each skydiver and each drop zone operator recognizes the shared nature of regulatory responsibility, the FAA will allow us to self manage our operations. There is, however, a new degree of mutual responsibility that we must all recognize. That responsibility to self-regulate, respect the FAR’s, and prevent reckless conduct within our industry and operations, now clearly exists as a regulatory requirement, even if we choose to pretend otherwise.

Our Responsibility

It is important for each of us to understand that when we violate an FAA regulation as an individual, the FAA can bring enforcement action against almost anybody involved in the operation, at any level. While we think of The Ranch as a private club, the FAA clearly defines the club and the officers of the club as part of the parachute operation, and they are subject to penalty. Likewise, packers, pilots, riggers, equipment owners, drop zone staff, tandem instructors AND tandem students can be penalized under these regulations. The FAA has not yet used this sweeping approach, but all skydivers should understand that the government does have wider enforcement powers, and responsibility for safe and responsible conduct is now clearly shared by our entire skydiving community.

If you are not familiar with these regulations, or other parts of the FAR’s that pertain to skydiving, you should speak with a USPA instructor or an FAA certificated pilot. It is incumbent upon each of us to know and understand the FAA regulations that apply to our sport, and to act responsibly so that our conduct does not legally jeopardize other jumpers, pilots, The Ranch Parachute Club, or club employees and officers.

All the Federal Aviation Regulations that pertain to skydiving are important to us, but we should pay special attention to those that feature this new language including:
105.7 - Use of Alcohol and Drugs
105.13 - Radio Equipment and Use Requirements
105.17 - Flight Visibility and Clearance from Cloud Requirements
105.21 - Parachute Operations Over or Into a Congested Area… (demo jumps)
105.23 - Parachute Operations over or onto Airports
105.25 - Parachute Operations in Designated Airspace
105.43 - Use of Single Harness, Dual Parachute Systems… (packing requirements)
105.45 - Use of Tandem Parachute Systems
105.47 - Use of Static Lines
105.49 - Foreign Parachutists and Equipment