Codifies Existing Policies And Procedures And Satisfies A Mandate In The FAA Modernization Act

The FAA has issued a final rule 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 the FAA has 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.

The amended regulatory language defines what is considered to be a personal wireless communications device. The regulatory language also clarifies that the prohibition on use of a personal wireless communications device or laptop computer does not apply to the use of a personal wireless communications device or laptop computer for a purpose directly related to the operation of the aircraft, or for emergency, safety-related, or employment-related communications, in accordance with procedures established by the air carrier and approved by the FAA.

The amended regulatory language also uses the term “flight crewmember” to conform with other paragraphs in amended § 121.542. However, the preamble to this final rule, as well as all recent FAA rulemakings, uses the term “flightcrew member” to conform with the definition contained in § 1.1; therefore, these terms are used interchangeably.

This rule follows a January 15, 2013 proposal and takes effect in 60 days.

FMI: Final Rule