North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-04 - Commercial pilot safety standards for manned aircraft

Current through Supplement No. 393, July, 2024
The following qualifications and requirements are applicable
				  to aerial application using a manned aircraft:
1.
General.
The following rules
				and regulations relating to pilot experiences and skill have been adopted in
				the interest of the pilot and public safety and the general public
				interest.
2.
Chief pilot.
All operators or contractors employing one or more commercial pilots for
				the purpose of conducting aerial application by aircraft in this state shall
				employ at least one chief pilot who shall have the qualifications set forth in
				this section.
3.
Chief pilot
				qualifications.
A chief pilot must produce evidence of a commercial
				federal aviation administration license with a minimum of seven hundred fifty
				flight hours as pilot in command, of which a minimum of two hundred fifty
				flight hours as pilot in command must be in the class of aircraft in which the
				sprayer or duster equipment will be installed and used for aerial application.
				In addition, the chief pilot must have at least two years apprentice commercial
				aerial application experience as pilot in command and has accumulated at least
				two hundred hours total aerial application flying time as an employee,
				supervised by a North Dakota chief pilot who holds a federal aviation
				administration part 137 certificate, who may recommend the applicant and
				certify the applicant's qualifications for the operational level sought, or
				certified to by an affidavit of the applicant, subject to investigation by the
				aeronautics commission, which may approve or deny the application.
4.
Pilot employees of
				contractor.
An operator or aerial applicator or contractor in the
				business of aerial application that employs a chief pilot, meeting the
				qualifications of this section, may employ pilots for aerial application with a
				minimum of a valid federal aviation administration commercial license, except
				that a license will be revoked or denied to an operator or contractor who
				employs an unqualified aerial application pilot who has been designated as
				unqualified to conduct aerial application in North Dakota, for just cause, by
				the aeronautics commission. Pilots supervised and employed under the
				supervision of the chief pilot, who have never aerial application before, must
				be given a minimum of ten hours of simulated application time under supervision
				of the chief pilot before they are permitted to conduct aerial application as
				pilot in command, and in addition, must be given ten hours of direct
				ground-supervised solo flight at operational loads while conducting aerial
				application. The chief pilot shall document and maintain written records
				verifying the pilot has fulfilled the flight requirements.
5.
Chief pilot based within the state
				of North Dakota required.
It is the responsibility of the chief pilot to
				determine the amount of supervision a pilot requires. The chief pilot must be
				familiar with the area in which the supervised pilot or pilots are flying and
				be able to contact each pilot daily as needed. Pilots with less than two years'
				experience and less than two hundred fifty hours of actual aerial application
				must be under the direct, personal supervision of a chief pilot and must be
				based out of the same airport as the airport in which the chief pilot is
				operating. The chief pilot or the chief pilot's designated representative of
				every aerial application operation licensed by the aeronautics commission must
				be located within North Dakota during the time of actual aerial application
				operations and the chief pilot shall be responsible for the actions of all
				pilots under the chief pilot's supervision.
6.
Commercial-rated pilots who graduate
				from an agricultural flying school
. Commercial-rated pilots who graduate
				from a qualified agricultural flying and ground school shall be supervised by
				the chief pilot for ten hours of direct ground-supervised solo flight at
				operational loads while conducting aerial application. The chief pilot shall
				document and maintain written records verifying the pilot has fulfilled the
				requirements of this chapter.
7.
Pesticide certification.
A pilot who is identified on the aerial
				applicator's license must hold an air/ground core pesticide certification from
				the North Dakota state university extension pesticide certification and
				training program.
General Authority:
NDCC 2-05-18
Law Implemented:
NDCC
					 2-05-18