Sec. 91.209
Aircraft lights.
No person may:
(a) During the period from sunset to sunrise (or, in Alaska, during the period a prominent unlighted object cannot be seen from a distance of 3 statute miles or the sun is more than 6 degrees below the horizon)--
(1) Operate an aircraft unless it has lighted position lights;
(2) Park or move an aircraft in, or in dangerous proximity to, a night flight operations area of an airport unless the aircraft--
(i) Is clearly illuminated;
(ii) Has lighted position lights; or
(iii) is in an area that is marked by obstruction lights;
(3) Anchor an aircraft unless the aircraft--
(i) Has lighted anchor lights; or
(ii) Is in an area where anchor lights are not required on vessels; or
(b) Operate an aircraft that is equipped with an anticollision light system, unless it has lighted anticollision lights. However, the anticollision lights need not be lighted when the pilot-in-command determines that, because of operating conditions, it would be in the interest of safety to turn the lights off.
From AOPA in regards to this question.
I own a 1949 Piper PA-16. It has postion lights but no strobe lights. In reading FAR 91.209 Visual Flight Rules Night requires postion lights but says if strobe lights are installed they must be on unless deemed unsafe. Does this mean that I can fly the aircraft at night without strobe lights since none are installed? If it must have strobes, which FAR applies to the installation of those strobes to an aircraft certified in 1949.
Under FAR 91.209 only aircraft position lights are required. Strobes are not required. FAA Chief Legal Counsel has issued opinions stating strobe (anticollision) OR position lights. OR is giving you the option. Since your aircraft is not equipped with strobes, installation is not necessary.
Regards,
Larry Barnhart
Aviation Services Department