Title 10Armed ForcesRelease 119-73

§2245 Use of aircraft for proficiency flying: limitation

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 134— - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › Subchapter SUBCHAPTER I— - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND LIMITATIONS ON THE USE OF APPROPRIATED FUNDS › § 2245

Last updated Apr 6, 2026|Official source

Summary

Members can use military aircraft for proficiency flying only if the Secretary of Defense creates rules that allow it. Those rules cannot force members to fly except to keep them ready for assignment to combat operations, and they cannot allow proficiency flying for anyone in a course of instruction of 90 days or more. Proficiency flying means flying under official orders by a rated or designated member while in a non‑aviation job or a job where flying skills normally are not kept.

Full Legal Text

Title 10, §2245

Armed Forces — Source: USLM XML via OLRC

(a)An aircraft under the jurisdiction of a military department may not be used by a member of the armed forces for the purpose of proficiency flying except in accordance with regulations prescribed by the Secretary of Defense.
(b)Such regulations—
(1)may not require proficiency flying by a member except to the extent required for the member to maintain flying proficiency in anticipation of the member’s assignment to combat operations; and
(2)may not permit proficiency flying in the case of a member who is assigned to a course of instruction of 90 days or more.
(c)In this section, the term “proficiency flying” means flying performed under competent orders by a rated or designated member of the armed forces while serving in a non-aviation assignment or in an assignment in which skills would normally not be maintained in the performance of assigned duties.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 101–165, title IX, § 9006, Nov. 21, 1989, 103 Stat. 1130, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 101–510, § 1481(e)(3).

Amendments

2008—Subsec. (c). Pub. L. 110–181 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “In this section, the term ‘proficiency flying’ has the meaning given that term in Department of Defense Directive 1340.4.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 2245

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73