Pilot in command responsibility and authority14 CFR 91.3 Responsibility and authority of the pilot in command
The pilot in command is directly responsible for, and is the final authority as to, the operation of the aircraft. In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of Part 91 to the extent required to meet that emergency.
By the ATIS Alerts team · Updated October 15, 2026 · Regulation text current as of October 14, 2026. A study aid based on the official regulation text, not legal advice or an FAA interpretation.
At a glance
- The pilot in command is directly responsible for the operation of the aircraft and is the final authority on it (a).
- In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of Part 91 (b).
- The deviation may go only as far as required to meet that emergency (b).
- If the FAA Administrator requests it, the pilot in command must send a written report of the deviation (c).
In plain English
Section 91.3 is short, but much of Part 91 rests on it. Paragraph (a) says the pilot in command is directly responsible for, and is the final authority as to, the operation of that aircraft. Responsibility and authority come together: the person acting as pilot in command makes the final call and answers for it.
Paragraph (b) is the emergency authority. During an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of Part 91. Two limits are written into that permission: the emergency has to require immediate action, and the deviation may go only to the extent required to meet the emergency.
Paragraph (c) covers what comes afterward. A pilot in command who deviates from a rule under paragraph (b) must send a written report of that deviation to the Administrator, upon the Administrator's request. The text ties the report to that request rather than requiring one after every deviation.
Common mistakes
- Reading (b) as general permission to break rules. It applies only in an in-flight emergency requiring immediate action, and only to the extent required to meet that emergency.
- Assuming a written report is always due. Under (c) the report is sent upon the request of the Administrator.
- Forgetting the scope of (b). The text allows deviation from any rule of "this part", which is Part 91.
The official text
14 CFR 91.3 as published on the eCFR, current as of October 14, 2026.
(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.
(b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.
(c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.
(Approved by the Office of Management and Budget under control number 2120-0005)
Test yourself
Practice questions from our free FAA written test prep that cite 14 CFR 91.3.
Recreational Pilot
In an in-flight emergency requiring immediate action, the pilot in command:
- A. may deviate from any rule of 14 CFR part 91 to the extent required to meet that emergency.
- B. must first obtain approval from air traffic control.
- C. may deviate only from VFR cruising altitude requirements.
- D. may not deviate from the regulations under any circumstances.
Show answer
A. may deviate from any rule of 14 CFR part 91 to the extent required to meet that emergency. Emergency authority is broad: deviate as much as the emergency requires. If ATC gave you a priority, you may be asked for a written report within 48 hours, but that comes after the airplane is safely on the ground.
More Recreational Pilot practice →Commercial Pilot
The pilot in command who deviates from a rule under emergency authority must, upon request of the Administrator:
- A. send a written report of that deviation.
- B. surrender the certificate for review.
- C. submit to a re-examination within 30 days.
- D. file an ASRS report within 10 days.
Show answer
A. send a written report of that deviation. A written report is required only if the Administrator asks. The NASA ASRS report is a separate, voluntary program that can provide limited immunity from certificate action if filed within 10 days.
More Commercial Pilot practice →ATP Multiengine
The pilot in command of a civil aircraft is directly responsible for, and is the final authority as to:
- A. the operation of that aircraft.
- B. compliance with the dispatcher's release only.
- C. the accuracy of the weight and balance manifest only.
- D. meeting the company's on-time performance targets.
Show answer
A. the operation of that aircraft. 91.3(a) is unchanged by the size of the airplane or the certificate the operator holds. In part 121 the dispatcher shares responsibility for operational control, but neither can require the captain to depart.
More ATP Multiengine practice →ATP Single-Engine
The pilot in command of a civil aircraft may deviate from any rule of 14 CFR part 91:
- A. to the extent required to meet an in-flight emergency requiring immediate action.
- B. whenever the operator's dispatcher concurs.
- C. only after obtaining an ATC clearance.
- D. only for weather-related emergencies.
Show answer
A. to the extent required to meet an in-flight emergency requiring immediate action. 91.3(b) grants broad emergency authority, limited only by what the emergency actually requires. A written report follows only if the Administrator asks for one.
More ATP Single-Engine practice →
Questions pilots ask
Who is the final authority for the operation of an aircraft?
The pilot in command. 91.3(a) makes the pilot in command directly responsible for, and the final authority as to, the operation of that aircraft.
Can a pilot deviate from the regulations in an emergency?
In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of Part 91, but only to the extent required to meet that emergency (91.3(b)).
Do I have to file a report after deviating from a rule in an emergency?
A pilot in command who deviates under paragraph (b) must send a written report of the deviation to the Administrator when the Administrator requests one (91.3(c)).