Register

FAA’s Flight Training Policy Draws Fire

Gemini Sparkle

Key Takeaways:

  • The FAA has reversed its long-standing policy, now asserting that flight instruction for compensation in limited, experimental, and primary category aircraft violates existing regulations, contrary to previous interpretations.
  • This policy change, stemming from a court ruling, has drawn strong opposition from aviation organizations like AOPA and EAA, who deem it "unacceptable" and a "stunning turnabout" that creates bureaucratic hurdles and potential safety concerns.
  • In response, legislation has been introduced in both the U.S. House and Senate to clarify that flight instruction in these aircraft types is not considered "for compensation or hire," aiming to restore the previous "common-sense" policy.
See a mistake? Contact us.

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).”

Ready to Sell Your Aircraft?

List your airplane on AircraftForSale.com and reach qualified buyers.

List Your Aircraft
AircraftForSale Logo | FLYING Logo
Pilot in aircraft
Sign-up for newsletters & special offers!

Get the latest stories & special offers delivered directly to your inbox.

SUBSCRIBE