Section 6-02-02-04 - Commercial pilot safety standards for manned aircraftThe 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.N.D. Admin Code 6-02-02-04
Amended effective July 1, 1998.Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.Amended by Administrative Rules Supplement 2022-385, July 2022, effective 7/1/2022.General Authority: NDCC 2-05-18
Law Implemented: NDCC 2-05-18