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FAA’s Flight Training Policy Draws Fire

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Key Takeaways:

  • A new U.S. Court of Appeals interpretation led the FAA to reverse its long-standing policy, now deeming compensated flight instruction in limited, experimental, and primary category aircraft illegal and out of compliance with FARs.
  • This sudden policy shift has drawn strong condemnation from aviation organizations like AOPA and EAA, as it instantly made tens of thousands of pilots and instructors non-compliant and even led to prosecution of some instructors.
  • Aviation groups are rejecting the FAA's interim online LODA process and are actively supporting bipartisan legislation introduced in Congress to restore the previous "common-sense" interpretation of these flight training regulations.
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What started earlier this year as a novel legal interpretation of FAA regulations by a U.S. Court of Appeals has evolved into a full-blown policy dispute between the agency and some of aviation’s alphabet soup. As we explored in our June issue, the court’s interpretation is that FAR 91.315 “does not provide an exemption for limited category aircraft to be used for flight instruction,” which is at odds with the FAA’s long-standing regulatory treatment of the activity. Since then, the agency has dug in its heels and managed to get AOPA and EAA, among others, to use words like “simply unacceptable” (AOPA) and “a scary example of how new interpretations of the regulations can upend the entire community” (EAA).

On July 12, 2021, the FAA published a policy clarification “on flight training for compensation in certain aircraft that hold special airworthiness certificates including limited category, experimental category, and primary category aircraft.” According to EAA, the FAA’s position is that “any instructor is ‘operating’ an aircraft, regardless of who owns, rents, or otherwise uses the aircraft, and regardless of whether the use of the aircraft is compensated. Therefore, paying any instructor to provide training violates the language of FARs 91.315 (Limited), 91.319(a)(2) (Experimental), and 91.325 (Primary).”

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