Per our partner company JetRVSM:
Effective January 22, 2019, you may enter RVSM airspace without an FAA-issued authorization if (and only if) ALL of the following are true:
- RVSM compliant aircraft with current RVSM-required inspections.
- ADS-B Out compliant and operating in airspace actively being ADS-B monitored:
- ADS-B Out system must meet equipment performance requirements of 14 CFR 91.227 (Look for statement in AFM to confirm)
- How do you know the airspace is actively being ADS-B OUT monitored?
- Check the latest NOTAMs
- For fun, you can also check out the ADS-B Interactive Coverage Map and Google Earth Plugin provided by the FAA:
- RVSM knowledgeable PIC/SIC:
- Each pilot has completed an RVSM training course and can produce a training certificate in the case of a ramp check.
- Aircraft is N-registered; and
- Flight within the United States;
FAA has not yet updated FSIMS or the RVSM Advisory Circular
THE FOLLOWING ARE STILL REQUIRED–NO CHANGE:
MEL/MMEL LOA
Part 91 operators are still required to have a D095 (MMEL as an MEL) Letter of Authorization in order to defer maintenance of inoperative components. The exception is if your aircraft is leased to a charter company, in which case you use the charter operator’s FAA-approved MEL.
INTERNATIONAL OPS LOAs
If you fly your aircraft outside the US, you will need an RVSM LOA to fly in any other country’s airspace since they continue to require an operator-specific authorization from the State authority (FAA). There are also other LOAs required depending on where you fly. For example, NAT HLA and RNP-10 LOAs are required to operate FL285-410 across the North Atlantic, including along the Blue Spruce Routes.
PART 91 OPERATIONAL CONTROL & FAR 91.23 FAA TRUTH IN LEASING
You are still responsible for having an FAA-compliant Part 91 operational control structure. It is not legal to operate an aircraft in a special purpose entity formed to hold title to and/or operate the aircraft. This is called a “flight department company” and you can Google the term for lots of information on this regulatory trap. Congress has tasked FAA inspectors with investigating illegal charter activities in 2019. If you have questions about this, give us a call. The solution is to dry lease the aircraft to the appropriate persons and/or companies using the aircraft. If your aircraft is over 12,500 pounds there are FAA Truth in Leasing requirements for filing the lease with the registry and the FSDO.
RVSM HEIGHT MONITORING
For now the 2-year or 1,000 hour (whichever is longer) recurrent RVSM height monitoring is still required via AGHME or GMU. The Atlantic City AGHME is non-operational, but you can request the FAA to “manually” use ADS-B OUT data during overflight to determine compliance. We will update everyone when ADS-B Out active RVSM height monitoring is functioning. There is no estimated date for this to occur, but likely closer to January 2020.
