Defense Spending Bill Set To Repeal FAA LODA Policy for Flight Training in Experimental Aircraft

Language in the bill eliminates the requirement for pilots and instructors.

Friday, December 16, 2022 at 08:57 AM ET

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A wide range of warbird operators are granted a reprieve by the language added to the NDAA passed on Thursday. [Credit: Julie Boatman]

Key Takeaways:

The 2023 National Defense Authorization Act (NDAA) includes a provision that eliminates the FAA's Letter of Deviation Authority (LODA) requirement for flight training in experimental category aircraft.
The LODA policy, which began in July 2021, was widely criticized by pilot groups as an onerous and confusing reversal of regulatory precedent that negatively impacted flight instruction.
The new legislation allows flight instructors to provide training in experimental aircraft without a LODA, provided conditions like no advertising, the instructor not supplying both aircraft and training, and no compensation for aircraft use beyond operational costs are met.
Aviation organizations like AOPA and EAA laud this congressional action as a significant step towards restoring historical flight training practices and improving safety, though they indicate further work may be needed.

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The latest defense authorization bill passed Thursday night offers a reprieve for pilots and flight instructors currently forced to obtain a letter of deviation authority, known as a LODA, before flight training in an experimental category aircraft.

The development is being lauded by pilot groups who have denounced the FAA policy of requiring LODAs for certain aircraft owners and flight instructors as onerous, confusing, and an abrupt reversal of decades of regulatory precedent.