SUBPART E

Flight Operations

104.51 Recordkeeping requirements

Each operating certificate holder shall keep at its principal business office or at other places approved by the ECAA, and shall make available for inspection by the ECAA the following:

(a) The operating certificate holder's operating certificate;

(b) An individual record of each pilot used in operations under this Part, including the following information:

(1) The full name of the pilot;

(2) The pilot operating certificate (by type and number) and ratings that the pilot holds;

(3) The pilot's aeronautical experience in sufficient detail to determine the pilot's qualifications to pilot LSAs in operations under this Part;

(4) The effective date and class of the medical certificate that the pilot holds;

(5) Any action taken concerning the pilot's release from employment for physical or professional disqualification;

(6) The training required by 104.53(c); and

(7) Each operating certificate holder must keep each record required by this section for at least 12 months.

104.53 Airmen: Limitations on use of services

No operating certificate holder may use the services of any person as an airman unless the person performing those services:

(a) Holds an appropriate and current airman certificate with at least a commercial LSA license and appropriate medical certification;

(b) Is qualified, under Part 61, for the operation for which the person is to be used; and

(c) Has received sufficient ground and flight training to be familiar with the operator's policies and procedures, area of operation and local weather conditions. Familiarization flight training shall consist of at least two flights at the operator's area of operation. The operator shall record, for ground training, the subject and time in hours of that training, and for flight training, the hours and number of flights in that airman's training record. The training record must also state that the operator considers the airman competent to perform the duties to which assigned and the date of assignment to those duties.

104.55 Airworthiness checks

The pilot in command may not begin a flight unless the pilot determines that all required airworthiness inspections have been made and that the LSA is in condition for safe flight with all required instruments and equipment in working order.

104.57 Minimum altitudes

Except when necessary for takeoff and landing, no person may operate a LSA at an altitude less than 300 feet above the surface, or at a higher altitude over any area that would require a higher altitude to effect an emergency landing without undue hazards to the passengers or persons or property on the surface.

104.59 Operating limitations

(a) LSA operations shall not be conducted in the vicinity of airports operations.

(b) The operation shall be conducted from a suitable, level launching area free of obstacles that may cause damage to the LSA fabric. The operator shall provide an area for occupants and spectators located at least 20 meters from the location of LSA inflation and launching. Occupants must be briefed to board the basket only when directed to do so by the pilot and that they must remain in their places during flight. A cockpit crewmember shall be assigned to direct this activity in addition to taking necessary precautions during refueling such as prevention of smoking and prevention of static electricity in the area of fueling.

(c) LSA shall not fly for the purposes of positioning the aircraft.

(d) The pilot shall be responsible for obtaining all information necessary for the safety of the flight, including the suitability of weather and wind conditions for the operation, emergency procedures and alternate landing area in case of diversion.

104.61 Performance: Climb

Each LSA must be capable of climbing at least 300 feet in the first minute after takeoff with a steady rate of climb. Compliance with the requirements of this section must be shown by performance charts or graphs at each altitude and ambient temperature for which the LSA will be operated.

104.63 Conspicuity

The exterior surface of the aircraft must be of a contrasting color or colors so that it will be conspicuous during operation, to make the LSA conspicuous during flight.

104.65 Emergency operations

(a) In an emergency involving the safety of persons or property, the operating certificate or permit holder may deviate from the rules of this Part relating to aircraft and equipment to the extent required meeting that emergency.

(b) In an emergency involving the safety of persons or property, the pilot in command may deviate from the rules of this Part to the extent required to meet that emergency.

(c) Each person who, under the authority of this section, deviates from a rule of this Part shall, within 10 days after the deviation, send to the ECAA a complete report of the operation involved, including a description of the deviation and reasons for it.