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Old 2nd March 2011 | 17:39
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GarageYears
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Joined: Jun 2009
Posts: 594
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From: VA, USA
The short answer to your question is that there is no law or
requirement to use TSOA headsets in any aircraft by any crewmember,
under any operating rules, whether Part 91, 135 or 121, or under Part
25 or Part 43 or any other FAR.

This information was provided by Inspector Bures, the Aviation Safety
Inspector (Airworthiness- Avionics) of the FAA Flight Standards
District Office (FSDO) in San Antonio, Texas, with whom I spoke by
telephone.
The contact page for that FSDO is here:
http://www.faa.gov/fsdo/satfsdo/off_person.htm

He said that the FAA's TSO program with regard to headsets and
microphones is for the purpose of establishing a standard, or
benchmark for such equipment, but that the FAA has not mandated nor
regulated the use of such equipment.
Found this on Google answers.

Full link here

The long and short of it is that it is NOT a legal requirement to use a TSO approved headset, but it does give the user some confidence that a headset that is TSOA will meet certain minimum performance levels.

- GY
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