Ultralight accident investigation

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ULTRALIGHTS, ACCIDENTS AND THE FAA

Normally, when a single-person ultralight is involved in an incident/accident, law enforcement handles the investigation. The FAA may review the case to ensure regulatory compliance.

By early 2008, two-person ultralights must be registered with the FAA. Therefore, if a two-person ultralight is involved in an incident/accident, the FAA will usually handle the investigation.

Ultralights are small vehicles with limited speed and range, popular for some types of recreational activity. Because true ultralights, as defined by the Federal Aviation Regulations (14 CFR Part 103) do not meet the criteria necessary to be called “aircraft,” the FAA refers to them as “vehicles.” This is an important distinction, particularly when a true ultralight is involved in an accident.

The use of ultralights began in the 1970s, when people started putting small engines on foot-launched hang gliders. Ultralights today may feature larger engines, landing gear and maneuvering capability. In 1982, the FAA issued its first regulations (14 CFR Part 103) governing ultralight vehicles.

Per 14 CFR Part 103, an ultralight is defined as follows:

• Used by a single occupant; • Used for recreation or sport purposes only; • Does not have any US or foreign airworthiness certificate; • If unpowered, weighs less than 155 pounds; • If powered, weighs less than 254 empty, excluding floats and

      safety devices;

• Has a fuel capacity not to exceed 5 US gallons; • Is not capable of more than 55 knots calibrated airspeed at

      full power, level flight;

• Has a power-off stall speed which does not exceed 24 knots

      calibrated airspeed.

The Federal Aviation Regulations regarding aircraft certification, pilot certification (licensure) and aircraft registration do not apply to ultralight vehicles or their operators. Part 103 is based on the assumption that any individual who chooses to fly an ultralight vehicle has assessed the dangers involved and assumes personal responsibility for his or her safety.

The additional regulations in Part 103 are intended to assure the safety of those not involved in the sport, including persons and property on the surface and other users of the airspace. The ultralight community is encouraged to adopt good operating practices and programs to avoid further regulation by the FAA.

Ultralights and Accidents

When an ultralight is involved in an accident, the first step by the FAA is to determine if it is a “true” ultralight, in accordance with the regulations, or if it is an unregistered aircraft that does not qualify for true ultralight status.

If it is a true ultralight, the FAA will defer any further investigation of the accident to local law enforcement. The accident then becomes a law enforcement investigation, and the FAA has no further involvement.

Sometimes, owners will not register their vehicles, believing they are ultralights, when in fact the equipment qualifies as an aircraft. If the equipment involved in the accident is actually an aircraft, then the FAA will investigate the event, and the National Transportation Safety Board may investigate as well. See our fact sheets entitled “Investigating Aircraft Accidents” and “Obtaining Information about Aircraft Accidents” for more information.

If the FAA determines the aircraft was not eligible for operation under 14 CFR Part 103, the owner/operator may be subject to enforcement action, which could include a civil penalty (fine).

Regulatory Requirements

In addition to defining an ultralight, 14 CFR Part 103 prescribes rules governing the operation of these vehicles in the United States. To see 14 CFR Part 103, go to http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_14/14tab_00.html.

In short, these rules state:

• Operators are responsible for their personal safety: Certificated aircraft are designed, flight tested, manufactured, maintained and operated under Federal regulations intended to provide consistent performance, controllability, structural integrity and maintenance. An ultralight vehicle is not subject to these Federal aircraft certification and maintenance standards. This means an ultralight vehicle may cost less than an aircraft, but there is no assurance that a particular vehicle will have consistent performance, controllability or structural integrity. The safety of the operator, and potentially others, depends upon the operator’s adherence to good operation and maintenance practices.

• Ultralights are limited to single-occupant operations: Operation of the ultralight vehicle is limited to a person who has assumed all responsibility for his/her personal safety. Operators of ultralight vehicles subject to Part 103 are not required to have training or previous experience prior to the operation of these vehicles. However, all operators should consider receiving adequate training prior to participation.

• Ultralights are limited to recreation and sport purposes: Operations for other purposes are not authorized.

• Operations are limited as necessary for the safety of other persons and property: 14 CFR Part 103 designates specific times and locations where an ultralight may be operated, as well as right-of-way rules. These rules were determined necessary for the safety of other users of the airspace and persons on the surface. It is the operator’s responsibility to know, understand and comply with these rules.

Source: FAA Public Affairs office - Chicago, IL