The flight training industry—and aviation as a whole—suffered a blow whose full ramifications still remain to be seen when on April 2, 2021, the U.S. Court of Appeals for the District of Columbia Circuit made its ruling on Warbird Adventures, Inc., et. al. v. FAA. The ruling declined to reverse an emergency cease-and-desist order meted out by the FAA in July 2020 barring Warbird Adventures, a Kissimmee, Florida-based boutique flight school, from providing flight instruction for compensation or hire in a dual control World War II P-40 fighter training aircraft certificated in the limited category.
An FAA and Federal Court Interpretation of the FARs Threatens Flight Instruction
Key Takeaways:
- The U.S. Court of Appeals ruled in *Warbird Adventures v. FAA* that compensated flight instruction constitutes the "carriage of persons for compensation or hire" under 14 CFR 91.315.
- This decision reverses a long-standing interpretation, potentially making all current paid flight training illegal unless conducted under stringent air carrier certifications (e.g., Part 135).
- The ruling effectively undermines the standalone validity of individual flight instructor certificates for compensation, impacting instructors using third-class medicals, BasicMed, and sport pilot instructors.
- Despite being labeled non-precedential, the FAA can use this ruling as precedent in future proceedings, posing a significant threat to the fundamental structure and safety of the entire flight training industry.
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