The flight training industry—and aviation as a whole—suffered a blow whose full ramifications still remain to be seen when on April 2, 2021, the U.S. Court of Appeals for the District of Columbia Circuit made its ruling on Warbird Adventures, Inc., et. al. v. FAA. The ruling declined to reverse an emergency cease-and-desist order meted out by the FAA in July 2020 barring Warbird Adventures, a Kissimmee, Florida-based boutique flight school, from providing flight instruction for compensation or hire in a dual control World War II P-40 fighter training aircraft certificated in the limited category.
An FAA and Federal Court Interpretation of the FARs Threatens Flight Instruction
Key Takeaways:
- The U.S. Court of Appeals upheld an FAA ruling that redefines "flight instruction for compensation or hire" as the "carriage of persons for compensation or hire," overturning decades of established FAA interpretation.
- This reinterpretation, stemming from the *Warbird Adventures* case, threatens the legality of all compensated flight instruction unless conducted under stringent commercial air carrier regulations (e.g., Part 135).
- The decision has significant industry-wide ramifications, potentially invalidating existing flight instructor certifications (including sport pilot and those with certain medical certificates) and increasing regulatory burdens for flight schools and independent instructors.
- Despite the court claiming its decision is not precedential, the FAA can use it to pursue violations, creating widespread uncertainty and a potential overhaul of the fundamental structure of aviation flight training.
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