In a move that has caused aviation associations across the board to band together in protest, on July 12 the FAA released a “clarification” on flight training in experimental aircraft that puts into formal policy a letter of guidance issued in June. In effect, the new policy adds a requirement that AOPA’s president and CEO Mark Baker characterized as “a bureaucratic hurdle ahead of the need for safety” in a letter to FAA administrator Steve Dickson on Sunday. The “policy” intended to close a loophole left by the letter of guidance that had the capacity to put owners of tens of thousands of owners of experimentals, warbirds—and historic and classic aircraft—out of regulatory compliance. However, it may be opening up further concern for all owners and operators of experimental, limited, and primary-category aircraft, because of recent actions taken by the FAA to prosecute volunteer pilots who have delivered instruction without compensation in aircraft within that group. According to a follow-up release from AOPA, and Flying’s conversation with the association’s legal counsel, the concern lies in the FAA’s determination that when a volunteer pilot gives instruction, they are in fact “compensated” by the accrual of flight time and “goodwill.”
FAA Enacts Policy for Flight Instruction with No Comment Period
Key Takeaways:
- The FAA issued a new policy requiring special authorization, such as a Letter of Deviation Authority (LODA) or exemption, for compensated flight training in experimental, limited, and primary-category aircraft, aiming to align guidance and restrict training in experimental aircraft to model-specific instruction.
- Aviation associations like AOPA and EAA strongly protest the policy, deeming it an unnecessary "bureaucratic hurdle" that lacks safety benefits and sets a problematic precedent for the future.
- Concerns include the FAA's interpretation that "volunteer" instruction is considered compensated, the potential for LODAs to be required for routine flight reviews in experimental aircraft, and the policy's incomplete coverage for limited and primary-category aircraft.
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