FAA Issues Rule on Personal PEDs in the Cockpit

[Palmpilot]

http://www.faa.gov/news/updates/?newsId=76028

The FAA today issued a final rule (PDF) that reinforces that airline pilots cannot use PEDs for personal use in all operations. The rule codifies existing FAA policies and procedures and meets an FAA Modernization and Reform Act of 2012 mandate by prohibiting all commercial airline (passenger and cargo) flight crews from using personal wireless communications devices or laptop computers for personal reasons during all aircraft operations. The agency's 1981 "sterile cockpit" rule already forbids pilots to engage in distracting behavior during critical phases of flight, including take-off and landing, and we have previously asked carriers to address the distraction issue through their crew training programs. The rule reflects current flight deck operating procedures and imposes minimal cost to the airlines. This rule follows a January 15, 2013 proposal and takes effect in 60 days.​

I don't see a date on the above notice, but the Federal Register page is dated February 12th.

 

[EdFred]

Since it applies to airline pilots, does it also apply when they are flying GA?
It does say all aircraft operations.

Sorry, Greg. No texting while flying the 195.

Since I'm not an airline pilot, I can still text.

 

[Greg Bockelman]

Since it applies to airline pilots, does it also apply when they are flying GA?

LOL

Sorry, Greg. No texting while flying the 195.

That's alright. It is in Australia anyway.

 

[Palmpilot]

Since it applies to airline pilots, does it also apply when they are flying GA?
It does say all aircraft operations.

Sorry, Greg. No texting while flying the 195.

Since I'm not an airline pilot, I can still text.

The Federal Register notice (second link in my post) says that it applies to operations under Part 121.

 

[poadeleted20]

Since it applies to airline pilots, does it also apply when they are flying GA?
It does say all aircraft operations.

The serious answer is that this is only an addition to Part 121, and doesn't even apply to Part 135 operations, no less Part 91. For those too lazy to follow the link above, here is the entire rule change:

§ 121.542 Flight crewmember duties.​

* * * * *​

(d) During all flight time as defined in​

14 CFR 1.1, no flight crewmember may​

use, nor may any pilot in command​

permit the use of, a personal wireless​

communications device (as defined in​

49 U.S.C. 44732(d)) or laptop computer​

while at a flight crewmember duty​

station unless the purpose is directly​

related to operation of the aircraft, or for​

emergency, safety-related, or​

employment-related communications,​

in accordance with air carrier​

procedures approved by the​

Administrator.

I suspect this rule has its root in that incident involving a Northwest Airlines 757 which overflew its destination by some 150nm before the crew realized it was happening. The crew's final story (after several abortive Maxwell Smart "would you believe?" attempts) was that their lack of attention to their flying duties was due to being distracted by working on their monthly bid sheets on their laptops in the cockpit (a story accepted by the NTSB but not necessarily believed by everyone in the aviation world, some or many of whom think that the problem was not the presence of laptops, but rather was the absence of an alarm clock).

Of course, while the regulations may not prohibit you from playing Sudoku on your iPad while you are flying an instrument approach in your own Cessna 182, common sense still should.

 

[ClimbnSink]

I just bring a Sudoku safety pilot, that makes it OK, except when they start peeking at the game.

 

[Jeff Oslick]

So they're back to reading the print copy of USA Today from the hotel?

 

[Palmpilot]

...I suspect this rule has its root in that incident involving a Northwest Airlines 757 which overflew its destination by some 150nm before the crew realized it was happening...

That's the one I thought of too.

 

[Jim Logajan]

Interesting question is whether they can still play Angry Birds on a tablet computer with Wifi turned off. Possible line of reasoning, starting with the rule:

"... a personal wireless communications device (as defined in 49 U.S.C. 44732(d)) or laptop computer ..."

​

This is 49 U.S.C. 44732(d):

(d) Personal Wireless Communications Device Defined.— In this section, the term “personal wireless communications device” means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332 (c)(7)(C)(i))) are transmitted.
​

http://www.law.cornell.edu/uscode/text/49/44732

Which leads to:

(C) Definitions For purposes of this paragraph—
(i) the term “personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services;
(ii) the term “personal wireless service facilities” means facilities for the provision of personal wireless services; and
(iii) the term “unlicensed wireless service” means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined in section 303 (v) of this title).
​

http://www.law.cornell.edu/uscode/text/47/332#c_7_C_i

Wifi is covered by "unlicensed wireless services" but an iPad with WiFi turned off is neither a laptop computer or using such services.