TheFly

I didn't see an existing thread on this topic, but I'm sure it's been discussed at some point. Some of the replies are interesting. Ie: if the operator doesn't fee that the use of a particular portable electronic device is hazardous, then can it still be operated? We're talking about small airplanes (pt 91/GA operations).


Using cell phones in airplanes


Subscriber Question:

"Can you help clear up the legality of using cell phones in small aircraft? " - Brian

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Bob Martens:

"FAA Advisory Circular 91-21.1B provides us our answer.

The Federal Communications Commission (FCC) currently prohibits the use of cell phones while airborne. Its primary concern is that a cell phone, used while airborne, would have a much greater transmitting range than a land mobile unit. Their use could result in unwanted interference to transmissions at other cell locations since the system uses the same frequency several times within a market or given operating area.

Since a cell phone is capable of operating on various cellular frequencies, unwanted interference may also affect cellular systems in adjacent markets or operating areas. The FAA supports this airborne restriction for other reasons of potential interference to aircraft systems and equipment.

Currently, the FAA does not prohibit the use of certain cell phones in aircraft while on the ground."

rickair7777

Yes, I believe in part 91 the pilot can make that decision, although in the case of a cell phone you would still be violating FCC (not FAA) rules.

AKASHA

The FAR's do not SPECIFICALLY prohibit the use of cellphones while airborne onboard ANY aircraft (FAR 91.21). The FCC prohibits the use of cellphones while airborne.

As far as the FAA is concerned, they leave it to the operator of the aircraft to determine whether or not a cellphone can be used, and during which phases of flight it can be used, based on whether or not it will cause interference with the navigation or communication system of the aircraft.

"The determination of the effect of a particular device on the navigation and communication system of the aircraft on which it is to be used or operated must, in case of an aircraft operated by the holder of an air carrier certificate or other operating certificate, be made by that operator (i.e., certificate holder). In all other cases, a determination must be made and it may be made by the operator and/or the pilot-in-command (PIC)." (AC-91-21-1a)

As noted, even if the air carrier or PIC says go ahead and use it while airborne, you will still be in violation of federal regulations (FCC). Also, good luck getting a signal.

rickair7777

121.306 specifically prohibits ALL PEDs with 4 exceptions (none of which are cell phones).

The air carrier (not the pilot) can determine that certain PEDs are safe, but everybody's OPSPEC (legally an annex of the FAR's) prohibits cell use except under specific conditions.

No it's not in 91, but it is effectively part of 121.

AKASHA

This is not correct. FAR 121.306 is virtually identical to 91.21. As such, there are not 4 exceptions. There are five.

Exception (5), the one you failed to recognize, is precisely the exception that makes room for the use of cell phones, provided the certificate holder has determined it will not cause interference with the navigation or communication system of the aircraft on which it is to be used.

OPSPECS are certainly regulatory. It's important to recognize, however, that FAR 121.306 provides a means for air carriers to allow the use of cell phones.

rickair7777

That's what I said. But the default is that they are prohibited, along with almost everything else unless other action is taken.

AKASHA

What you said is that there are 4 exceptions, when in fact there are 5... number (5) being the exception that does not specifically prohibit cellphones.

normajean22

Dont they ban all cell phones because they can't pinpoint the frequencies that may interfere with the instruments?

LowSlowT2

That's the common belief. I wish I could go pull up the article, but one study said the airlines didn't pursue it at all because it was felt that someone sitting next to you carrying on a conversation would be more annoying. Can't be stirring up the sheep in the back...

Imagine the cramped confines of coach; you've got the 300lb guy on one side, and the angry woman arguing with her husband on her cell on the other...from MIA to SFO. Joy.

No, leave them banned despite technology. I don't want to listen to it.

rickair7777

It's not because they can't, they know exactly what freqs and power output cell phones use. But to do the analysis for every aircraft type, for every possible avionics and antenna configuration, from every seat in the airplane would be very expensive.

Besides, they do interfere with comm, nav, and even aircraft systems. I've experienced all three. A certain type of cell phone (less common now days) if used from the rear of a CRJ 200 will set off the aft cargo smoke detector. Unfortunately, there's no way to access that compartment in flight to check for fire so it's a mandatory blow the bottles ($25K), divert to nearest suitable, dump the pax, and ferry home to get some more halon.

I also think airlines are reluctant to let the genie out of the bottle...they want the marketing boost from allowing premium travelers to what they do best (ie whatever the hell they want), but are afraid of what might happen when the inevitable confrontations ensue.