General Pages » Law » Part 91.311

91.311 Minimum heights for VFR flights

(a) A pilot-in-command of an aircraft must not operate the aircraft under VFR—

• (1) over any congested area of a city, town, or settlement, or over any open air assembly of persons at a height of less than 1000 feet above the surface or any obstacle that is within a horizontal radius of 600 metres from the point immediately below the aircraft; or
• (2) over any other area—
  • (i) at a height of less than 500 feet above the surface; or
  • (ii) at a height of less than 500 feet above any obstacle, person, vehicle, vessel, or structure that is within a horizontal radius of 150 metres from the point immediately below the aircraft; and
• (3) for any operation, at a height less than that required to execute an emergency landing in the event of engine failure without hazard to persons or property on the surface.

(b) Paragraph (a) does not apply to a pilot-in-command of an aircraft—

• (1) conducting a take-off or landing; or
• (2) conducting a balked landing or discontinued approach; or
• (3) taxiing.

(c) Paragraph (a)(2) does not apply to a pilot-in-command of an aircraft if the bona fide purpose of the flight requires the aircraft to be flown at a height lower than that prescribed in paragraph (a)(2), but only if—

• (1) the flight is performed without hazard to persons or property on the surface; and
• (2) only persons performing an essential function associated with the flight are carried on the aircraft; and
• (3) the aircraft is not flown at a height lower than that required for the purpose of the flight; and
• (4) the horizontal distance that the aircraft is flown from any obstacle, person, vessel, vehicle, or structure is not less than that necessary for the purpose of the flight, except that in the case of an aeroplane, the aeroplane remains outside a horizontal radius of 150 metres from any person, vessel, vehicle, or structure that is not associated with the operation.

(d) Paragraph (a)(2) does not apply to a pilot-in-command—

• (1) who is the holder of, or authorised by the holder of, a current instructor rating issued under Part 61 and who is conducting flight training or practice flights consisting of—
  • (i) simulated engine failure after take-off commencing below 1000 feet above the surface; or
  • (ii) simulated engine failure commencing above 1000 feet above the surface provided that descent below 500 feet above the surface is conducted within a low flying zone in accordance with 91.131; or
• (2) who is the holder of a current instrument rating issued under Part 61 and who is conducting IFR training, testing, or practice flights under VFR, but only if the pilot-in-command conducts the flight in accordance with 91.413, 91.423 and 91.425; or
• (3) operating an aircraft within a low flying zone in accordance with 91.131; or
• (4) operating an aircraft at an aviation event in accordance with 91.703.