"Cox" wrote in message
news:uRccg.31356$fG3.21351@dukeread09...

FAA Order 8360.38a says the equipment must comply with TSO C129. FAA
Orders are incorporated into CFR 14.


Title 1 CFR Part 51 provides for the incorporation of publications by
reference. One such example in the FARs is the incorporation of FAA Order
7400.9N, Airspace Designations and Reporting Points, in FAR 71.1. Please
cite the FAR that incorporates FAA Order 8360.38A by reference.



I think a pilot using a handheld GPS (not complying with TSO C129) under
IFR would be cited with:
91.13 - Careless and Reckless
91.205(d)(2) - appropriate navigation equipment


FAR 91.13(a) prohibits the operation of an aircraft in a careless or
reckless manner so as to endanger the life or property of another. Use of a
handheld GPS under IFR in US controlled airspace does not endanger any life
or any property.

FAR 91.205(d)(2) requires a two-way radio communications system and
navigational equipment appropriate to the ground facilities to be used. It
does not prohibit the use of any equipment beyond what is required to be
installed.