Sec. 23.2 - Special retroactive requirements.

(a) Notwithstanding 21.17 and 21.101 of this chapter and irrespective of the type certification basis, each normal, utility, and acrobatic category airplane having a passenger seating configuration, excluding pilot seats, of nine or less, manufactured after December 12, 1986, or any such foreign airplane for entry into the United States must provide a safety belt and shoulder harness for each forward- or aft-facing seat which will protect the occupant from serious head injury when subjected to the inertia loads resulting from the ultimate static load factors prescribed in 23.561(b)(2) of this part, or which will provide the occupant protection specified in 23.562 of this part when that section is applicable to the airplane. For other seat orientations, the seat/restraint system must be designed to provide a level of occupant protection equivalent to that provided for forward- or aft-facing seats with a safety belt and shoulder harness installed.

(b) Each shoulder harness installed at a flight crewmember station, as required by this section, must allow the crewmember, when seated with the safety belt and shoulder harness fastened, to perform all functions necessary for flight operations.

(c) For the purpose of this section, the date of manufacture is:

(1) The date the inspection acceptance records, or equivalent, reflect that the airplane is complete and meets the FAA approved type design data; or

(2) In the case of a foreign manufactured airplane, the date the foreign civil airworthiness authority certifies the airplane is complete and issues an original standard airworthiness certificate, or the equivalent in that country.

[Amdt. 23-36, 53 FR 30812, Aug. 15, 1988]