New FAR Part 23 Results in Changes to Parts 91 and 135

On Aug. 30, 2017, the new FAR Part 23 goes into effect and will apply to all new airworthiness certification applications for normal, utility, aerobatic and commuter airplanes with a mtow of 19,000 pounds or less and maximum seating capacity of 19 or fewer passengers. The rule also requires that changes be made to some requirements under Parts 91 and 135 to align pilot operating rules with the new Part 23 airplane rules.

For example, under revised FAR 91.205(b)(13), the FAA added “or other approved restraint system,” which includes child safety seats, to the requirement for securing passengers two years of age or older. The previous rule permitted only the use of conventional safety belts. Second-in-command requirements of FAR 91.531 are also revised to specify seating configuration limits for normal and commuter-category airplanes.

The advent of the light jet segment will result in an upgrade to additional airworthiness requirements of FAR 135.169. While the current rule covers type-rating requirements for small reciprocating and turboprop airplanes, the new rule simply refers to “airplane” rather than powerplant type. This part also adds a new paragraph to clearly state that a type rating is required for normal-category, small multi-engine airplanes configured with 10 to 19 passenger seats.