# § 2245. Use of aircraft for proficiency flying: limitation
**(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.
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**Source Credit**: (Added Pub. L. 101–510, div. A, title XIV, § 1481(e)(1), Nov. 5, 1990, 104 Stat. 1706; amended Pub. L. 110–181, div. A, title X, § 1077, Jan. 28, 2008, 122 Stat. 333.)
## Editorial Notes
### Prior Provisions
Provisions similar to those in this section were contained in , , , which was set out as a note under , prior to repeal by .
### Amendments
2008—Subsec. (c). 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.”