faa regulations on experimental aircraft

14 CFR § 91.319 - Aircraft having experimental certificates: Operating limitations.

(a) No person may operate an aircraft that has an experimental certificate—

(1) For other than the purpose for which the certificate was issued; or

(2) Carrying persons or property for compensation or hire.

(b) No person may operate an aircraft that has an experimental certificate outside of an area assigned by the Administrator until it is shown that—

(1) The aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed; and

(2) The aircraft has no hazardous operating characteristics or design features.

(c) Unless otherwise authorized by the Administrator in special operating limitations, no person may operate an aircraft that has an experimental certificate over a densely populated area or in a congested airway. The Administrator may issue special operating limitations for particular aircraft to permit takeoffs and landings to be conducted over a densely populated area or in a congested airway, in accordance with terms and conditions specified in the authorization in the interest of safety in air commerce .

(d) Each person operating an aircraft that has an experimental certificate shall—

(1) Advise each person carried of the experimental nature of the aircraft ;

(2) Operate under VFR , day only, unless otherwise specifically authorized by the Administrator ; and

(3) Notify the control tower of the experimental nature of the aircraft when operating the aircraft into or out of airports with operating control towers.

(e) No person may operate an aircraft that is issued an experimental certificate under § 21.191(i) of this chapter for compensation or hire, except a person may operate an aircraft issued an experimental certificate under § 21.191(i)(1) for compensation or hire to—

(1) Tow a glider that is a light-sport aircraft or unpowered ultralight vehicle in accordance with § 91.309 ; or

(2) Conduct flight training in an aircraft which that person provides prior to January 31, 2010.

(f) No person may lease an aircraft that is issued an experimental certificate under § 21.191(i) of this chapter, except in accordance with paragraph (e)(1) of this section.

(g) No person may operate an aircraft issued an experimental certificate under § 21.191(i)(1) of this chapter to tow a glider that is a light-sport aircraft or unpowered ultralight vehicle for compensation or hire or to conduct flight training for compensation or hire in an aircraft which that persons provides unless within the preceding 100 hours of time in service the aircraft has—

(1) Been inspected by a certificated repairman (light-sport aircraft) with a maintenance rating , an appropriately rated mechanic, or an appropriately rated repair station in accordance with inspection procedures developed by the aircraft manufacturer or a person acceptable to the FAA ; or

(2) Received an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

(h) The FAA may issue deviation authority providing relief from the provisions of paragraph (a) of this section for the purpose of conducting flight training. The FAA will issue this deviation authority as a letter of deviation authority.

(1) The FAA may cancel or amend a letter of deviation authority at any time.

(2) An applicant must submit a request for deviation authority to the FAA at least 60 days before the date of intended operations. A request for deviation authority must contain a complete description of the proposed operation and justification that establishes a level of safety equivalent to that provided under the regulations for the deviation requested.

(i) The Administrator may prescribe additional limitations that the Administrator considers necessary, including limitations on the persons that may be carried in the aircraft .

(j) No person may operate an aircraft that has an experimental certificate under § 61.113(i) of this chapter unless the aircraft is carrying not more than 6 occupants.

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Experimental Category

Special airworthiness certificates may be issued in the experimental category for:

Operating amateur-built aircraft : to operate an amateur-built aircraft in which the major portion has been fabricated and assembled by persons for their own recreation or education.
Operating kit-built aircraft : to operate a primary category aircraft that was assembled by a person from a kit manufactured by the holder of a production certificate for that kit, without the supervision and quality control of the production certificate holder.
Has not been issued a U.S. or foreign airworthiness certificate and does not meet the provisions of 14 CFR section 103.1. An experimental certificate will not be issued under this paragraph for these aircraft after January 31, 2008;
From an aircraft kit for which the applicant can provide the information required by 14 CFR section 21.193(e); and
In accordance with manufacturer's assembly instructions that meet applicable consensus standard; or
Has been previously issued a special airworthiness certificate in the light-sport category under 14 CFR section 21.190.

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FAA Releases Policy on Training in Experimental, Primary, and Limited Category Aircraft

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Notification of Policy for Flight Training in Certain Aircraft

A Rule by the Federal Aviation Administration on 07/12/2021

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Supplementary information:, i. background, ii. faa regulations and guidance, a. pilot requirements and operating requirements, b. faa guidance on flight training for compensation in experimental aircraft, iii. process for compliance, a. experimental category aircraft, b. limited category and primary category aircraft, enhanced content - submit public comment.

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Federal Aviation Administration (FAA), Department of Transportation (DOT).

Notification of policy.

This notification provides clarification on flight training for compensation in certain aircraft that hold special airworthiness certificates including limited category, Start Printed Page 36494 experimental category, and primary category aircraft. It also provides guidance on how flight training for compensation can be accomplished in these aircraft in compliance with regulations and establishes a process for owners of experimental aircraft to obtain a letter of deviation authority to receive and provide compensation for flight training in their experimental aircraft.

The policy described herein is effective July 12, 2021.

For technical questions concerning this policy notification, contact Erin Cappel for information about Letters of Deviation Authority and Thomas (TJ) Leahy for information about exemption, General Aviation and Commercial Division, General Aviation Operations Branch, (202) 267-1100, or email [email protected] , 800 Independence Ave. SW, Washington, DC 20591.

On April 2, 2021, the United States Court of Appeals for the District of Columbia Circuit dismissed a petition for review of the FAA's emergency cease and desist order against Warbird Adventures, Inc. and Thom Richard (hereinafter “Warbirds”), ordering that they cease and desist from operating their limited category aircraft in violation of § 91.315 of title 14 of the Code of Federal Regulations (14 CFR). In this case, Warbirds maintained a publicly available website that advertised opportunities to fly in Warbirds' limited category aircraft at upcoming airshows and allowed members of the public to book flights in exchange for substantial amounts of money. Section 91.315 states that no person may operate a limited category aircraft carrying persons or property for compensation or hire.

Before the Court, Warbirds argued that it was conducting flight training for compensation in its limited category aircraft, which it claimed is not prohibited under § 91.315. [ 1 ] The FAA responded that, under the plain language of § 91.315, flight training for compensation constitutes operating a limited category aircraft carrying a person for compensation or hire and, therefore, is a violation of the regulation. After the Court dismissed the petition for review, several industry groups requested that the FAA publish a statement explaining the impact of the decision and providing clarification regarding flight training in general and flight training for compensation in certain aircraft that hold special airworthiness certificates. [ 2 ] The FAA is issuing this notification in response to the request from industry.

The requirements for a person exercising the privileges of a pilot certificate or a flight instructor certificate are generally contained in 14 CFR part 61 . These regulations govern what is required to “act as pilot in command,” “serve as a required flightcrew member,” or “conduct flight training in an aircraft.” The regulations in 14 CFR part 91 by contrast contain operating requirements that govern how the aircraft itself may be operated. The term “operate” is broadly defined in 14 CFR 1.1 as “use, cause to use or authorize to use aircraft, for the purpose (except as provided in § 91.13 of this chapter) of air navigation including the piloting of aircraft, with or without the right of legal control (as owner, lessee, or otherwise).” As such, the determination of whether someone is operating an aircraft is not contingent on ownership, flightcrew status, or the receipt of payment for the use of the aircraft.

Although a person may hold the appropriate privileges “to act as pilot in command” or “conduct flight training” under part 61, the regulations in part 91 may restrict the exercise of those privileges in a particular category of aircraft under certain conditions, such as operations conducted for compensation or hire. As defined, the term “operate” has broader meaning than the general terms used in part 61 that address “acting as pilot in command” or “exercising the privileges” of a particular pilot certificate. A person may be considered to “operate” an aircraft under the § 1.1 definition without serving as a required flightcrew member or manipulating the controls of the aircraft.

As noted, under § 91.315, no person may operate a limited category aircraft carrying persons or property for compensation or hire. Based on the plain language of the regulation, the FAA's position as represented in a 2014 legal interpretation [ 3 ] and restated in the Warbirds case is that a flight instructor who is operating ( i.e. “using”) a limited category aircraft that is carrying a person ( e.g. the person receiving instruction) for compensation ( e.g. monetary payment) is acting contrary to the regulation. [ 4 ]

The regulations governing other categories of aircraft (experimental aircraft in § 91.319 and primary category aircraft in § 91.325) include the same language as the prohibition in § 91.315. The prohibitions in §§ 91.319 and 91.325 that mirror the language in § 91.315 must be read to have the same meaning. [ 5 ] As such, a flight instructor providing flight training in one of these categories of aircraft for compensation is acting contrary to the regulations absent a letter of deviation authority (LODA), if applicable, or exemption.

FAA Order 8900.1 contains guidance for FAA inspectors that indicates that flight training in an experimental aircraft for compensation is permissible without a LODA under certain circumstances. [ 6 ] The guidance states that flight instructors may receive compensation for providing flight training in an experimental aircraft but may not receive compensation for the use of the aircraft in which they provide that flight training unless they obtain a LODA issued under § 91.319(h). Likewise, the guidance states that owners of experimental aircraft may receive and provide compensation for flight training in their aircraft without a LODA, but owners may not receive compensation for the use of their aircraft for flight training except in Start Printed Page 36495 accordance with a LODA issued under § 91.319(h). [ 7 ]

The distinction set forth in FAA Order 8900.1 is inconsistent with the definition of “operate” in § 1.1 and the plain language of § 91.319. Where a regulation and guidance conflict, the regulation controls. [ 8 ] Accordingly, owners of experimental aircraft and flight instructors who have operated experimental aircraft for the purpose of compensated flight training without obtaining a LODA (as allowed by FAA guidance) will be required to obtain a LODA to remain compliant with the regulations.

The FAA acknowledges that the disconnect between the regulations and the guidance to inspectors has created confusion in industry. The FAA also recognizes the value of specialized flight training in aircraft that hold special airworthiness certificates under certain conditions. This section provides guidance to owners of affected aircraft and flight instructors seeking to conduct flight training for compensation in these aircraft.

In general, the FAA places limitations on the use of aircraft that hold experimental airworthiness certificates because the airworthiness certification requirements for these aircraft impose no standard and pose unique operational risk to the national airspace system. FAA regulations and guidance direct that, for most training, pilots should use a standard category aircraft to accomplish training rather than aircraft that hold special airworthiness certificates.

Section 91.319(h), however, permits a person to apply for deviation authority to conduct flight training in an experimental aircraft. Currently, individuals seeking to provide flight training and receive compensation for both the flight training and the use of the experimental aircraft must submit an application package to the Flight Standards District Office (FSDO) in the district in which the training will take place. Under § 91.319(h)(2), a request for deviation authority must contain a complete description of the proposed operation and justification that establishes a level of safety equivalent to that provided under the regulations for the deviation requested. The FAA generally limits LODAs to training that can only be accomplished in aircraft with experimental certificates and directs its inspectors that, with a few exceptions, LODAs should not be issued to permit flight training in experimental aircraft leading toward the issuance of a pilot certificate, rating, or operating privilege.

As discussed, FAA guidance incorrectly indicates that no LODA is necessary if the owner of an experimental aircraft provides compensation for flight training in the owner's own aircraft and no compensation is provided for the use of the aircraft itself. The FAA will update the guidance to align with the regulation, as previously discussed. To mitigate disruption for this type of flight training, which has been allowed under FAA guidance and is viewed as an increased safety measure for pilots who regularly fly these aircraft, the FAA has developed an interim process to issue LODAs to the owners of experimental aircraft and flight instructors that will permit flight training for compensation in experimental aircraft when no compensation is provided for the use of the aircraft.

The FAA finds that, for owners of experimental aircraft seeking flight training in the aircraft they will regularly fly in the national airspace, the standard under § 91.319(h)(2) for granting a LODA has been met. The FAA has long emphasized the importance of pilots being trained and checked in the aircraft they will operate. Specifically, it is critical that pilots understand and are familiar with the particular systems, procedures, operating characteristics, and limitations of the aircraft they will operate. This flight training is distinct from a situation where an aircraft with a special airworthiness certificate is “held out” broadly for training to individuals who pay for both the flight training and the use of an aircraft that they will not have further access to upon completion of LODA training. It is also distinct from flight training that can be accomplished effectively and safely in a standard category aircraft.

The FAA will accept requests for a LODA electronically from an owner of an experimental aircraft or flight instructor who chooses to conduct training in experimental aircraft. LODAs, once issued, will define the scope of the flight training activity so that owners of experimental aircraft may receive and provide compensation for flight training in their aircraft, as well as permit flight instructors to receive compensation for flight training in an experimental aircraft. These LODAs will prohibit owners and flight instructors from receiving compensation for any other use of the aircraft in which the flight training is provided.

To obtain a LODA, owners of experimental aircraft and flight instructors providing flight training in experimental aircraft may submit a request to the following email address: [email protected] . Applicants seeking a LODA through this process must provide the following information:

Email address
Pilot Certificate Number
Flight instructor certificate number (if applying as a Certificated Flight Instructor (CFI))
Aircraft Registration Number (if applying as an owner)
Aircraft make/model in which you will receive or provide instruction
Aircraft home base airport (if applying as an owner)

The FAA will review the information submitted and issue a LODA (via email) that reflects the conditions and limitations contained in this notification, as well any additional limitations required in accordance with § 91.319(h) and (i).

Individuals seeking to provide flight training and receive compensation for both the flight training and the use of the aircraft must continue to apply for LODAs through their local FSDOs.

Section 91.315 does not permit an individual to obtain deviation authority to conduct flight training for compensation or hire in a limited category aircraft. Therefore, as explained in the 2014 legal interpretation, the only way to provide flight training for compensation in a limited category aircraft is pursuant to an exemption from the regulation. Because there is no deviation authority in § 91.325 for primary category aircraft, the owners of these aircraft and flight instructors seeking to conduct flight training for compensation must likewise obtain an exemption from the regulation.

As with the process for issuing LODAs to owners and flight instructors, the FAA will consider adopting a fast-track exemption process for owners of limited category and primary category aircraft seeking to conduct flight training for compensation in these aircraft. As with experimental category aircraft, the FAA will consider granting relief for flight training operations when Start Printed Page 36496 compensation is provided solely for the flight training and not the use of the aircraft.

The FAA notes that any operator of a limited category aircraft that holds an exemption to conduct Living History of Flight (LHFE) operations already holds the necessary exemption relief to conduct flight training for its flightcrew members. LHFE exemptions grant relief to the extent necessary to allow the exemption holder to operate certain aircraft for the purpose of carrying persons for compensation or hire for living history flight experiences. As a condition of these exemptions, the operators must provide regular flight training and checking to flightcrew members. As such, these flight training operations are considered necessary for the operator to conduct the LHFE flights themselves. [ 9 ] The FAA will clarify this relief when operators apply for renewal of their LHFE exemptions.

For the safety reasons set forth in this notification, the FAA is considering a rulemaking that would enable the flight training activity discussed in this notification without the need to obtain an exemption or LODA from the FAA.

Issued in Washington, DC.

Ricardo Domingo,

Executive Director, Flight Standards Service, AFX-1.

1. The FAA has not conceded that the flights being operated by Warbirds were for the purpose of flight training.

2. On April 19, 2021, AOPA, EAA, and GAMA sent a joint letter to Ali Bahrami, then Associate Administrator for Aviation Safety. A copy of this letter and the response has been placed in the docket for this notification.

3. FAA Legal Interpretation to Gregory Morris (October 7, 2014). The Morris Interpretation concluded, inter alia, that § 91.315 “does not set forth any exceptions for providing flight training for hire in a limited category aircraft” and that “the only way to provide such training is pursuant to an exemption from this section of the regulations” following the procedures of 14 CFR part 11 .

4. Given the broad definition of “operate” in § 1.1, both the owner of a limited category aircraft seeking flight training and the flight instructor providing the training are considered to be operating the aircraft. The FAA notes that the term “operate” has a different meaning from the term “operational control,” which is defined in § 1.1 as “the exercise of authority over initiating, conducting or terminating a flight.”

5. Consistent with the position for limited category aircraft, FAA Order 8900.1 addresses the prohibition against the operation of an experimental aircraft to carry persons or property for compensation or hire. It acknowledges that the restriction “prohibits the widespread use of experimental aircraft for flight training for compensation or hire.” FAA Order 8900.1, Vol. 3, Chpt. 11, sec. 1, para. 3-293.

6. FAA Order 8900.1, Vol. 3, Chpt. 11, sec. 1, para. 3-292.

7. Although there is no written guidance for limited category and primary category aircraft, the FAA has applied the same approach to flight training for compensation in limited category and primary category aircraft.

8. The FAA will revise the guidance in the 8900.1 to reflect the requirements in the regulation.

9. The FAA cautions, however, that LHFE exemptions do not permit operators to allow passengers on LHFE flights to manipulate the controls of the aircraft under the guise of flight training. The flight training relief extends only to the LHFE operator's own flightcrew members for the purpose of training those individuals to conduct LHFE flights.

[ FR Doc. 2021-14765 Filed 7-8-21; 8:45 am]

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What a&ps should know about experimental aircraft.

In Homebuilding .

What A&Ps Should Know About Experimental Aircraft

By Lisa Turner, EAA Lifetime 509911

This piece originally ran in Lisa’s Airworthy column in the June 2021 issue of EAA Sport Aviation magazine.

“ Flight Magic just sold,” Carla shouted, literally skipping into the hangar as Tom poured out a cup of fresh coffee.

“Coffee?” Tom said, holding up the pot.

“Please,” Carla said. She was exuding excitement. “Let’s go sit at the picnic table.”

They carried their cups to the front of the hangar and sat down. The windsock hung limp with a light breeze stirring just enough to spread some early morning warmth through the 68-degree spring air. A few puffy clouds dotted the deep blue sky. It was one of those days that calls out to every pilot, just as a smooth shimmering ocean calls out to every sailor.

“So, finally, Flight Magic sold,” Tom said.

“Yes. I took a young engineer for a flight last night, and it’s the perfect airplane for him.”

“You’re so excited, Carla. I thought you’d be sad. You built that airplane.”

“I know. It’s been a wonderful airplane. But I can’t afford the next one without selling this one.”

“When is he picking it up?”

“As soon as I can arrange a prebuy.”

“Why are you arranging a prebuy?”

“Because he can’t find an A&P who will inspect it, and he wants an A&P.”

“Where are you going to find an A&P?”

“I thought I’d ask Robert over at the pilot shop.”

Later that day Carla returned to the hangar, crestfallen.

“What’s up?” Tom asked.

“I can’t find any A&Ps who will inspect Flight Magic .”

“They say they don’t know anything about homebuilt airplanes.”

The A&P mechanics reading EAA Sport Aviation are likely to know a lot about homebuilt airplanes. I hope the ideas and principles that follow will resonate with you. However, there is a large group of A&Ps who have not been exposed to all the fun we’ve been having. While the information is aimed at this group, I hope those of you who already understand what I’m about to say feel the information is helpful and reinforcing.

This information is also for experimental aircraft owners who may not understand the technicalities of who can do what on their experimental.

It’s All Different

Special light-sport aircraft, experimental light-sport aircraft, scratchbuilt aircraft, and all the varieties and variations of kitbuilt aircraft make for a wild and divergent mix of technologies and materials. In designation and the build process, no two aircraft are the same.

You can find the same aircraft built by two different builders vary vastly from each other upon completion. One might not earn its airworthiness certificate the first time it’s inspected, while the second sails through. Depending on the options and the accessories, you might not even recognize them as being the same model.

faa regulations on experimental aircraft

It’s All the Same

A flying machine is a flying machine. Whether it’s an experimental amateur-built craft or a Cessna 152, the end goal is to have the machine be airworthy. While the description of inspections is different (annual versus condition), we want to know the same thing in both cases — is the aircraft in a condition for safe operation?

The standards for inspection should be the same for experimental amateur-built, light-sport aircraft, and standard category. AC-43.13-1B is the go-to book of standards, and the checklist in 14 CFR Part 43, Appendix D, should be used in inspections.

Don’t Fear It

Experimental and light-sport aircraft are popular, and becoming more so. The first half of this decade is likely to see the expansion of light-sport aircraft with EAA’s MOSAIC (Modernization of Special Airworthiness Certificates) effort. Success in the development of consensus standards among light-sport manufacturers is driving the expansion, and it appears that the FAA is willing to continue to listen and adapt.

Builders and flyers are attracted to the experimental and light-sport categories for good reasons: Great performance, more efficiency, modern avionics, and lower operating costs are all factors in the positive column. They are a blast to fly, and the assembly of a kit is engaging, educational, and fun.

For all these reasons A&Ps should be excited about working on different categories of aircraft. That it’s still hard to find mechanics eager to work on a homebuilt may rest simply on unfamiliarity. Here are some thoughts for those of you still on the fence.

Maintenance — Who Can Do What?

Certified aircraft. Under 14 CFR Part 61 (private pilot, sport pilot, or higher certificate), the pilot can perform specified preventive maintenance on any aircraft that they own or operate (14 CFR Part 43, Appendix C). For everything else, an A&P is required. An A&P with an inspection authorization is required to perform and sign off on the annual inspection.

Experimental amateur-built (E-AB). Anyone can work on an E-AB, but the annual condition inspection must be signed off by the holder of the repairman certificate (the original builder) or by an A&P. The A&P does not need to have an inspection authorization.

Special light-sport aircraft (S-LSA). According to FAA AC-65-32A, Certification of Light-Sport Repairmen , “All maintenance on an S-LSA has to be done by persons certificated under Part 65 in accordance with Part 43.” This means a person who holds a repairman certificate with a maintenance rating (LSRM) or an A&P. Inspections on S-LSA aircraft must follow inspection procedures developed by the aircraft manufacturer.

Experimental light-sport aircraft (E-LSA). There are no restrictions on who performs maintenance, like the E-ABs. The condition inspection must be done and signed off by someone with a repairman certificate with an inspection rating (LSRI), an LSRM, or by an A&P. No IA required.

Confused yet? Let’s return to the beginning. All of these machines are designed to get us into the air safely. There are commonalities among them in terms of engines, systems, and accessories. Think about what reasons you might have, as an A&P, to avoid all of the special categories of airplanes. Let’s cross off your concerns one by one.

Who’s Working on the Airplane

Even owners of certified aircraft have a wide latitude when it comes to doing their own maintenance, from servicing wheel bearings to replacing spark plugs. Owners of E-AB and E-LSA can do anything they want in the maintenance arena. Is this a problem? I argue that no, it’s not a problem. Over the years, I have noticed that most aircraft owners understand the seriousness of maintenance and its impact on safety. I’ve found that owners who are nervous about doing maintenance stay away from it and hire a professional.

Inspection Standards

The inspection standards for experimental aircraft are the same as for certified aircraft. AC 43-13-1B, Acceptable Methods, Techniques, & Practices of Aircraft Inspection and Repair , should be used for any aircraft. The checklist 14 CFR 43, Appendix D (or similar, like the checklist in AC-90-89B), should be used whether the aircraft is experimental or certified.

Build Technologies

Since the experimental aircraft are not rolling off a manufacturing line, A&Ps will find that there is variation in construction methods and materials. But the technologies are standard. From tube and fabric to aluminum to composite, kit manufacturers are using the same standards in construction techniques. To counter lack of experience with specific technologies, A&Ps can gain more knowledge by reading up or attending a workshop.

Engines and Accessories

Experimental aircraft are almost always on the cutting edge of the latest technology. This is one of the things that’s fun and exciting about building your own airplane and choosing engines, avionics, and accessories. But this may also be a reason for A&Ps to avoid working on or inspecting them. If you’re an A&P and this worries you, my advice is to make the stretch. Documentation is usually excellent for items in the latest tech category. It may take some additional time to get up to speed, but you’ll be rewarded with knowledge and more possibilities for things you can work on. Rotax engines are an example. Workshops are plentiful with lots of hands-on training.

Have I convinced you to make the foray into experimentals? If so, here are some tips.

Did the owner assemble a flight manual for the aircraft? If so, it will make your job easier. If not, ask to see the notebooks the owner assembled when building or inherited when buying. Incorporate any checklists in these materials with your standard inspection checklist. Remember that the standard is “in a condition for safe operation.”
Review the aircraft plans, assembly manual, manufacturer’s service bulletins, and identify any applicable ADs for any certificated products installed.
Review the operating limitations for the aircraft. The operating limitations should be in the aircraft with the airworthiness certificate. Do your upfront checks of matching registration, data plate, etc., and make sure the builder signed the aircraft out of the flight testing phase.
In your owner interview, pay particular attention to any concerns they have about the aircraft and its flying and operating characteristics. Ask for a list of what they have done in the way of maintenance over the last year.
Training. What should you do if the owner asks you if they can help? Your response should be the same as when the owner of a certified aircraft you are working on asks you the same question. How you respond will depend on your willingness to take the time to explain procedures and your patience overseeing the owner’s work. If you’re familiar with the owner’s work and are comfortable, by all means, give them a chance to participate.
ADs. Airworthiness directives continue to be a point of contention for experimental aircraft owners. Because of the fundamental freedoms associated with building and operating in this category, no one wants additional regulation. The FAA document AC 39-7D, Airworthiness Directives , reads, “ADs only apply to type-certificated aircraft, including ADs issued for an engine, propeller, and appliance.” But because ADs are issued to correct an unsafe condition in an aircraft, aircraft engine, propeller, or appliance, my recommendation is to comply with all ADs. My reasoning, and the reasoning you can use with the owner, is that the aircraft, whether experimental or not, should be “in a condition for safe operation.”
Liability. The biggest reason I have heard from A&Ps about not wanting to work on homebuilts is, “If this aircraft crashes, I will be held responsible.” Will you? What about the owners of the certified aircraft you work on?

Unfortunately, the world today seems to be getting more and more litigious. It may not matter what you work on. This is going to be a personal choice that you, as an A&P, make. I don’t think that category of aircraft is going to make a difference. Be rigorous in your documentation and communications with the owner whether you’re working on certified or experimental aircraft.

The next day Tom saw Carla in the pilot shop. “Any luck finding an A&P to do your buyer’s prebuy?” Tom asked.

“Funny you should ask. I just met with Roger from the shop across the field, and he said he’d love to learn something new. He asked if I have all the documentation from the build, and I said yes. I couldn’t be happier!”

“Just wait,” Tom said. “When seller’s remorse arrives, you’ll feel awful you sold Flight Magic .”

Carla nodded. “You’re right. I’m already feeling it.”

Lisa Turner , EAA Lifetime 509911, is a manufacturing engineer, A&P, EAA technical counselor and flight advisor, and former DAR. She built and flew a Pulsar XP and Kolb Mark III, and is researching her next homebuilt project. Lisa’s third book, Dream Take Flight , details her Pulsar flying adventures and life lessons. Write Lisa at [email protected] and learn more at DreamTakeFlight.com.

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What are the US regulations governing experimental aircraft?

There are more experimental class aircraft in the USA than any other. That being said, what type of requirements does an experimental aircraft have to meet?

Also, are there ways around certain regulations? For example, the guy in the picture below was battling with the FAA so they would let him fly his jet pack in the USA over the grand canyon, which they originally said no to, but they eventually let him - is this because he is "famous" and therefore has less rules he needs to follow?

faa-regulations
experimental-aircraft

$\begingroup$ or the guy adjusted for the regulations for low pass over a national park $\endgroup$ – ratchet freak Commented Feb 19, 2014 at 9:47

Your first question

There are more experimental class aircraft in the USA than any other. That being said, what type of requirements does an experimental aircraft have to meet.

is very broad and should probably be its own question.

As to your second question

Also, are there ways around certain regulations?

The short answer is "Yes". You can apply to the FAA for a waiver of specific regulations. It's commonly done for aerobatic contests to permit aerobatics below 1500', within 4 nm of an airway, etc. The waiver is of extremely limited duration and calls out the regulations to be waived. Air shows also have them.

I haven't personally requested such a waiver but I've seen them.

The FAA probably permitted the overflight because the pilot was able to show it was safe, would do no harm, and wouldn't cause them any problems.

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General Aviation News

Because flying is cool

FAA changes will revolutionize homebuilt flight testing

By General Aviation News Staff · April 3, 2021 ·

After years of hard work and advocacy by the Experimental Aircraft Association (EAA), the FAA has published draft guidance to implement an optional task-based Phase I program for Experimental Amateur-Built (E-AB) aircraft.

Under the program, once an aircraft completes a flight test plan that meets FAA standards, Phase I is complete.

The standard 25- or 40-hour flight test period for Phase I will remain an option for all E-AB, and Experimental Light-Sport (E-LSA) continues to carry a five-hour test period, according to EAA officials.

The program is part of an upcoming update to Advisory Circular (AC) 90-89B. Flight test programs do not need specific approval by the FAA, but the circular lays out certain required flight test points and requires the use of test cards for data collection in flight.

Users of the EAA Flight Test Manual should find it a straightforward way to complete the requirements of the task-based Phase I program, but anyone may draft a flight test plan that meets the FAA’s outline, including kit manufacturers and other experts, EAA officials explain.

Task-based Phase I ensures that every hour spent in flight testing is meaningful and is contributing to both validating the airworthiness of the aircraft and gathering the data necessary to build a detailed operating manual. This will benefit the builder in ensuring full exploration of the aircraft’s operating envelope, and it will benefit subsequent owners in having access to quality data on the aircraft. In exchange for this work, the aircraft will be released from Phase I when it is ready, not based on an arbitrary time requirement, according to EAA officials.

“This is the result of more than eight years of work by EAA and the FAA and we couldn’t be happier that it is now nearing completion,” said Tom Charpentier, EAA Government Relations Director. “This will be a true paradigm shift in E-AB flight testing.”

Task-based Phase I is another example of the EAA working collaboratively with the FAA to achieve a win-win solution that benefits the community and enhances safety. The groundwork for this change was laid by the EAA/FAA working group that created the Additional Pilot Program (AC 90-116), which allows another pilot into the cockpit to enhance safety during flight testing.

The Advisory Circular is in draft form and comments will be accepted through April 29, 2021.

Relevant language on Task-Based Phase I is housed in Chapter 1, Section 1 of the draft. The rest of the document contains advisory information on flight testing and is not part of the task-based program requirements, EAA officials note.

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COMMENTS

Experimental Category | Federal Aviation Administration
Experimental Category. A special airworthiness certificate in the experimental category is issued to operate an aircraft that does not have a type certificate or does not conform to its type certificate and is in a condition for safe operation.
14 CFR § 91.319 - Aircraft having experimental certificates ...
(a) No person may operate an aircraft that has an experimental certificate— (1) For other than the purpose for which the certificate was issued; or (2) Carrying persons or property for compensation or hire.
Experimental Aircraft Information | EAA
All amateur-built/homebuilt airplanes must be registered with the Federal Aviation Administration (FAA). These airplanes must be inspected by an FAA inspector or a designated inspector before an airworthiness certificate can be issued.
Vintage & Experimental Aircraft Program | Federal Aviation ...
Vintage & Experimental Aircraft Program. This program standardizes pilot certification in the following U.S. aircraft: Vintage Type Certificated aircraft which require a type rating. Experimental turbine-powered aircraft.
Experimental Category | Federal Aviation Administration
Experimental Category. Special airworthiness certificates may be issued in the experimental category for: Operating amateur-built aircraft : to operate an amateur-built aircraft in which the major portion has been fabricated and assembled by persons for their own recreation or education.
FAA Releases Policy on Training in Experimental, Primary, and ...
On Thursday the FAA released a yet-to-be-published policy addressing the issue of training for compensation or hire in Experimental, Primary, and Limited category aircraft. EAA is hiring AirVenture and seasonal staff.
Notification of Policy for Flight Training in Certain Aircraft
B. FAA Guidance on Flight Training for Compensation in Experimental Aircraft. FAA Order 8900.1 contains guidance for FAA inspectors that indicates that flight training in an experimental aircraft for compensation is permissible without a LODA under certain circumstances.
What A&Ps Should Know About Experimental Aircraft
The FAA document AC 39-7D, Airworthiness Directives, reads, “ADs only apply to type-certificated aircraft, including ADs issued for an engine, propeller, and appliance.” But because ADs are issued to correct an unsafe condition in an aircraft, aircraft engine, propeller, or appliance, my recommendation is to comply with all ADs.
What are the US regulations governing experimental aircraft?
You can apply to the FAA for a waiver of specific regulations. It's commonly done for aerobatic contests to permit aerobatics below 1500', within 4 nm of an airway, etc. The waiver is of extremely limited duration and calls out the regulations to be waived.
FAA changes will revolutionize homebuilt flight testing
After years of hard work and advocacy by the Experimental Aircraft Association (EAA), the FAA has published draft guidance to implement an optional task-based Phase I program for Experimental Amateur-Built (E-AB) aircraft.