(a) Except as provided in paragraph (d) of this section, no person may operate a turbojet-powered U.S.-registered civil airplane unless that airplane is equipped with an approved altitude alerting system or device that is in operable condition and meets the requirements of paragraph (b) of this section.
(b) Each altitude alerting system or device required by paragraph (a) of this section must be able to -
(1) Alert the pilot -
(i) Upon approaching a preselected altitude in either ascent or descent, by a sequence of both aural and visual signals in sufficient time to establish level flight at that preselected altitude; or
(ii) Upon approaching a preselected altitude in either ascent or descent, by a sequence of visual signals in sufficient time to establish level flight at that preselected altitude, and when deviating above and below that preselected altitude, by an aural signal;
(2) Provide the required signals from sea level to the highest operating altitude approved for the airplane in which it is installed;
(3) Preselect altitudes in increments that are commensurate with the altitudes at which the aircraft is operated;
(4) Be tested without special equipment to determine proper operation of the alerting signals; and
(5) Accept necessary barometric pressure settings if the system or device operates on barometric pressure. However, for operation below 3,000 feet AGL, the system or device need only provide one signal, either visual or aural, to comply with this paragraph. A radio altimeter may be included to provide the signal if the operator has an approved procedure for its use to determine DA/DH or MDA, as appropriate.
(c) Each operator to which this section applies must establish and assign procedures for the use of the altitude alerting system or device and each flight crewmember must comply with those procedures assigned to him.
(d) Paragraph (a) of this section does not apply to any operation of an airplane that has an experimental certificate or to the operation of any airplane for the following purposes:
(1) Ferrying a newly acquired airplane from the place where possession of it was taken to a place where the altitude alerting system or device is to be installed.
(2) Continuing a flight as originally planned, if the altitude alerting system or device becomes inoperative after the airplane has taken off; however, the flight may not depart from a place where repair or replacement can be made.
(3) Ferrying an airplane with any inoperative altitude alerting system or device from a place where repairs or replacements cannot be made to a place where it can be made.
(4) Conducting an airworthiness flight test of the airplane.
(5) Ferrying an airplane to a place outside the United States for the purpose of registering it in a foreign country.
(6) Conducting a sales demonstration of the operation of the airplane.
(7) Training foreign flight crews in the operation of the airplane before ferrying it to a place outside the United States for the purpose of registering it in a foreign country.
[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91-296, 72 FR 31679, June 7, 2007]