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FAA’s Flight Training Policy Draws Fire

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Key Takeaways:

  • A U.S. Court of Appeals interpretation prompted the FAA to reverse its long-standing policy, now asserting that compensated flight instruction in limited, experimental, and primary category aircraft violates Federal Aviation Regulations.
  • This new FAA policy has generated strong opposition from aviation organizations like AOPA and EAA, who argue it instantly puts thousands of pilots and instructors out of compliance and creates unnecessary red tape.
  • The FAA's proposed interim solution of an online Letter of Deviation Authority (LODA) is deemed inadequate by the industry, which calls for a permanent return to the previous "commonsense" flight training policy.
  • In response to the widespread dispute and industry pressure, bipartisan legislation has been introduced in the U.S. House and Senate to clarify regulations and reinstate the decades-old policy for flight instruction in these aircraft categories.
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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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