View all text of Subjgrp 4 [§ 91.101 - § 91.149]

§ 91.108 - Use of supplemental restraint systems.

(a) Use of supplemental restraint systems. Except as provided in this section, no person may conduct an operation in a civil aircraft in which any individual on board is secured with a supplemental restraint system, as defined in § 1.1 of this chapter.

(b) Doors opened or removed flight operations. Except as provided under paragraph (k) of this section:

(1) No person may operate a civil aircraft with the doors opened or removed unless—

(i) Each individual on board occupies an approved seat or berth with a safety belt and, if installed, shoulder harness, properly secured about the individual or an approved child restraint system properly secured to an approved seat or berth with a safety belt and, if installed, shoulder harness in accordance with § 91.107(a)(3)(iii) or § 135.128(a)(2) of this chapter, during all phases of flight; or

(ii) Each individual on board—

(A) Occupies an approved seat or berth with a safety belt and, if installed, shoulder harness, properly secured about the individual during movement on the surface, takeoff, and landing; and

(B) Is secured during the remainder of the flight using a supplemental restraint system in accordance with, and that meets the requirements of, this section.

(2) Prior to releasing an FAA-approved safety belt and, if installed, shoulder harness during an operation with the doors opened or removed, an individual must be properly secured by a supplemental restraint system that is connected to an FAA-approved airframe attachment point. An individual cannot release their safety belt and, if installed, shoulder harness until the pilot in command authorizes them to do so.

(c) Supplemental restraint system design requirements. Each supplemental restraint system must:

(1) Have a harness that secures around the torso of the individual using the supplemental restraint system;

(2) Have a lanyard that connects the harness to an FAA-approved airframe attachment point or points inside the aircraft and that ensures the torso of the individual using the supplemental restraint system remains inside the aircraft at all times;

(3) Not impede egress from the aircraft in an emergency after being released; and

(4) Have a release mechanism that—

(i) Can be quickly operated by the individual using the supplemental restraint system with minimal difficulty;

(ii) Is attached to the front or side of the harness in a location easily accessible to and visible by the individual using the supplemental restraint system;

(iii) Prevents inadvertent release; and

(iv) Can be released without the use of a knife to cut the restraint, and without any additional tool or the assistance of any other individual.

(d) Who may provide the supplemental restraint system. The supplemental restraint system may be provided by the operator or by the individual using the supplemental restraint system. An operator or individual providing a supplemental restraint system must:

(1) Confirm with the pilot in command, either verbally or in writing, as determined by the pilot in command, the system's continued serviceability and readiness for its intended purpose; and

(2) Ensure the individual who will occupy the supplemental restraint system complies with the sizing criteria for which the system is rated.

(e) Supplemental restraint system operational requirements. The following are supplemental restraint system operational requirements:

(1) A qualified person designated by the operator must—

(i) Connect the supplemental restraint system to an FAA-approved airframe attachment point or points rated equal to or greater than the weight of the individual using the supplemental restraint system (or the combined weight if there is more than one supplemental restraint system attached to an attachment point);

(ii) Not connect the supplemental restraint system to any airframe attachment point located in the flightdeck; and

(iii) Not connect the supplemental restraint system to any safety belt or shoulder harness attachment point(s) unless the attachment point is FAA-approved as described in paragraph (e)(1)(i) of this section.

(2) A supplemental restraint system must fit the individual using it based on the sizing criteria for which the supplemental restraint system is rated.

(3) Nothing may attach to the supplemental restraint system that is not relevant to its function as defined under § 1.1 of this chapter.

(f) Pilot in command. The pilot in command—

(1) Has the overall responsibility to ensure that the supplemental restraint system meets the requirements of this section and must not permit an individual to use a supplemental restraint system that does not meet the requirements of this section;

(2) Must receive confirmation from the operator or any individual providing the supplemental restraint system of the system's continued serviceability and readiness for its intended purpose before each takeoff;

(3) May only permit an individual to use a supplemental restraint system provided by the operator or the pilot in command if that individual complies with the sizing criteria for which the supplemental restraint system is rated;

(4) Has final authority regarding whether the supplemental restraint system may be used during flight operations; and

(5) Has final authority to authorize an individual to release the FAA-approved safety belt and, if installed, shoulder harness and remain secured only by the supplemental restraint system.

(g) Passenger briefing. Before each takeoff, the pilot in command must ensure that each passenger who intends to use a supplemental restraint system has been briefed on:

(1) How to use, secure, and release the supplemental restraint system properly. This requirement is not necessary for an individual providing their own supplemental restraint system, but that individual must meet the passenger demonstration requirements in paragraph (h) of this section.

(2) Means of direct communication between crewmembers and passengers during normal and emergency operating procedures regarding—

(i) The use of headset and intercom systems, if installed;

(ii) How passengers will be notified of an event requiring action, including emergencies, egress procedures, and other unforeseen circumstances;

(iii) How each passenger will be notified when the passenger is permitted to release the FAA-approved safety belt and, if installed, shoulder harness, and move within the aircraft using the supplemental restraint system;

(iv) How each passenger will be notified when the passenger must return to their seat and secure the FAA-approved safety belt and, if installed, shoulder harness; and

(v) When and how to notify a crewmember of safety concerns.

(h) Passenger demonstration. After the briefing required by paragraph (g) of this section, prior to ground movement, any passenger intending to use a supplemental restraint system must demonstrate to the pilot in command, a crewmember, or other qualified person designated by the operator, the following:

(1) The ability to use, secure, and release the FAA-approved safety belt and, if installed, shoulder harness, and

(2) The ability to accomplish all actions required for quick release of the supplemental restraint system without assistance and with minimal difficulty.

(i) Individuals not permitted to use supplemental restraint systems. The following individuals are not permitted to use a supplemental restraint system, as defined in § 1.1 of this chapter:

(1) Any passenger who cannot demonstrate—

(i) That they are able to use, secure, and release the FAA-approved safety belt and, if installed, shoulder harness; or

(ii) That they are able to release quickly the supplemental restraint system with no assistance and with minimal difficulty.

(2) Any individual who is less than 15 years of age.

(3) Any individual seated in the flightdeck.

(4) Any passenger who occupies or uses an approved child restraint system.

(j) Lap-held child. Notwithstanding any other requirement of this chapter, a child who has not reached their second birthday may not be held by an adult during civil aircraft operations when:

(1) The adult uses a supplemental restraint system; or

(2) The aircraft doors are opened or removed.

(k) Excluded operations. Unless otherwise stated:

(1) This section does not apply to operations conducted under part 105 or 133 of this chapter and does not apply to the persons described in § 91.107(a)(3)(ii) of this chapter.

(2) Operators subject to the requirements of paragraph (b)(1) of this section may operate an aircraft with doors opened or removed, notwithstanding any flight crewmembers on board who are subject to the requirements of §§ 91.105 or 135.171 of this chapter and who need to unfasten their shoulder harnesses in accordance with those sections.

(3) Paragraph (b)(2) of this section does not apply to any flight crewmembers subject to §§ 91.105 or 135.171 of this chapter to the extent that the flight crewmembers need to unfasten their shoulder harnesses in accordance with those sections.

[Docket No. FAA-2023-2250, Amdt. No. 91-376, 89 FR 67849, Aug. 22, 2024]