BasicMed Privileges: AC68-1A Vs. CFR 61.113 Conflict?

Hey guys, let's dive into something that can be a real head-scratcher for pilots flying under BasicMed: the potential discrepancies between the privileges outlined in Advisory Circular (AC) 68-1A and those found in the Federal Aviation Regulations (FAR), specifically 14 CFR 61.113. If you're scratching your head about how to make sure you're staying on the right side of the rules, you're not alone. This is a common point of confusion, and we're going to break it down to make it crystal clear. We will look at the potential conflicts that might arise concerning passenger count, aircraft weight, and other operational limits. It's all about making sure you're flying safely and legally.

The Core of the Confusion: AC68-1A and CFR 61.113

First off, what's the deal with these two documents? AC 68-1A is the FAA's guidance document on BasicMed. It's like the instruction manual, providing details and clarifications on how the BasicMed program works, including what you can and can't do. On the other hand, 14 CFR 61.113 is part of the FARs, which are the actual regulations that have the force of law. These are the rules you must follow. The problem arises when these two sources seem to tell a slightly different story about what BasicMed allows.

One of the biggest areas where you might see some head-scratching is around the aircraft and passenger limits. AC 68-1A might provide some specific clarifications or interpretations that seem to add some extra flexibility compared to the more general rules laid out in 61.113. It's like the AC is trying to give you some helpful tips, but the FAR is the rulebook. For example, the AC might provide more guidance on what types of aircraft are eligible for BasicMed operations, or what constitutes "compensation or hire". The differences are usually subtle, but they can still trip you up. The key here is to understand the interplay between the advisory nature of the AC and the regulatory power of the FARs. Think of AC 68-1A as the helpful friend giving you advice, and CFR 61.113 as the law enforcement officer making sure you're following the rules.

So, why the potential for conflict? Well, ACs are, by definition, advisory. They offer guidance, best practices, and clarifications, but they don't have the force of law. They're meant to help you understand the regulations and how to comply with them. The FARs, on the other hand, are the law. When there's a perceived conflict between the two, you always default to the FARs. This is the golden rule of aviation: regulations trump guidance. It is critical to adhere to the FARs, and only use ACs to clarify and understand the regulations. This is the key to resolving any apparent conflict: always prioritize the regulations.

Navigating Passenger and Weight Limitations

Now, let's get into some specific areas where these differences might pop up. One of the most common is the number of passengers you can carry and the maximum takeoff weight (MTOW) of the aircraft. CFR 61.113 will have clear limits based on the type of operation and the privileges you're exercising. BasicMed operations, being a form of recreational flying, generally restrict you to a certain number of passengers and a certain aircraft weight. AC 68-1A might offer some additional context or examples, but it can't expand those limits. So, if you're planning a flight, always double-check the applicable FARs to make sure you're within the legal limits.

Passenger limits are particularly crucial. BasicMed, at its core, is for non-commercial operations. This means you can't be carrying passengers for hire, and the number of people on board is generally limited. Always be sure to check the specific wording in the regulations to avoid any misunderstandings.

Maximum takeoff weight (MTOW) is another critical factor. The aircraft's weight affects its performance, handling, and safety. There are strict regulations about how much weight an aircraft can have at takeoff. Remember to consult the FARs, and also your aircraft's Pilot Operating Handbook (POH), which will provide you with the specific MTOW for your plane. The AC might give some examples or context, but the FARs and the aircraft's documentation are the ultimate authority.

Think of it like this: AC 68-1A might mention that most common GA aircraft are suitable for BasicMed. However, if the FARs say you can't fly a particular aircraft type or exceed a certain weight, that's what you have to go by, no matter what the AC says. It's all about ensuring you're operating safely within the defined parameters.

Other Operational Considerations

Beyond passenger limits and weight, other aspects of your flight operations can be affected by the interaction of the AC and the FARs. For example, there can be clarifications regarding the types of flight you can undertake. The FARs are quite specific about what constitutes "commercial" vs. "non-commercial" operations. BasicMed is for non-commercial flying, which means you cannot be paid to fly, and you can't be carrying passengers or cargo for hire. The AC may have additional information on what activities are acceptable under BasicMed. This would cover things like flying to a business meeting. The AC might provide some examples of what is permitted. Always ensure that the flights you undertake comply with the FARs.

Another important aspect is medical requirements. The AC provides guidance on the medical requirements to obtain and maintain a BasicMed certificate. This covers topics like the required medical examination and the self-assessment checklist. The FARs detail these requirements, while the AC acts as a helpful guide to understand and fulfill them.

Lastly, ensure that you always have your necessary documentation on board. This would include your pilot certificate, medical certificate (or BasicMed certificate), aircraft registration, and any other required documents. The AC may offer tips on organizing and maintaining this documentation, but the FARs dictate what is required and will be the guide for regulatory compliance.

Squaring the Circle: Prioritizing the Regulations

So, how do you resolve any perceived conflict? Here's the bottom line: Always prioritize the FARs. They are the law, and they set the boundaries for your operation.

1. Read Both Documents: Carefully review both AC 68-1A and the relevant sections of 14 CFR 61.113 before you fly. This will give you a solid understanding of the rules and any clarifications.
2. Understand the Hierarchy: Remember that the FARs take precedence. If there's a conflict, the regulations win.
3. Use the AC for Guidance: Use AC 68-1A to help you understand the FARs, get examples, and interpret the regulations. The AC can be extremely helpful to better understanding the rules.
4. When in Doubt, Ask: If you're unsure about something, don't hesitate to reach out to a flight instructor, a certified flight examiner (CFE), or the FAA for clarification. It's always better to be safe than sorry.
5. Stay Updated: The FAA can update regulations and guidance documents. Always check for the latest versions of the FARs and ACs before you fly, and ensure that you have all the latest updates.

The Takeaway: Safety First!

Ultimately, the goal is to fly safely and legally. By understanding the relationship between the FARs and advisory circulars, you can navigate the BasicMed program with confidence. Always prioritize the regulations, and use the AC as a helpful guide. If you do this, you'll stay on the right side of the rules, have peace of mind, and enjoy your flying adventures to the fullest. Safe skies, everyone!