[Balloon-makers] Lessons In An Experimental

[David Tanzer & Lori Bottom]

Hi Marc.  FAR 91.319 appears to disagree with what you are saying.  In fact,
91.319 (e) (2) allows an individual, prior to 31 January 2010, to conduct
flight training for compensation or hire in an aircraft with an experimental
airworthiness certificate.  What follows is the complete text of 91.319, and
I have highlighted the specific sub-sections that deal with giving
instruction in an aircraft with an experimental airworthiness certificate.

 =


Regards,

 =


David Tanzer

Charlotte, Vermont

 =



=A7 91.319   Aircraft having experimental certificates: Operating limitatio=
ns.


 (a) No person may operate an aircraft that has an experimental certificate=
=97

(1) For other than the purpose for which the certificate was issued; or

(2) Carrying persons or property for compensation or hire.

(b) No person may operate an aircraft that has an experimental certificate
outside of an area assigned by the Administrator until it is shown that=97

(1) The aircraft is controllable throughout its normal range of speeds and
throughout all the maneuvers to be executed; and

(2) The aircraft has no hazardous operating characteristics or design
features.

(c) Unless otherwise authorized by the Administrator in special operating
limitations, no person may operate an aircraft that has an experimental
certificate over a densely populated area or in a congested airway. The
Administrator may issue special operating limitations for particular
aircraft to permit takeoffs and landings to be conducted over a densely
populated area or in a congested airway, in accordance with terms and
conditions specified in the authorization in the interest of safety in air
commerce.

(d) Each person operating an aircraft that has an experimental certificate
shall=97

(1) Advise each person carried of the experimental nature of the aircraft;

(2) Operate under VFR, day only, unless otherwise specifically authorized by
the Administrator; and

(3) Notify the control tower of the experimental nature of the aircraft when
operating the aircraft into or out of airports with operating control
towers.

(e) No person may operate an aircraft that is issued an experimental
certificate under =A721.191(i) of this chapter for compensation or hire,
except a person may operate an aircraft issued an experimental certificate
under =A721.191(i)(1) for compensation or hire to=97

(1) Tow a glider that is a light-sport aircraft or unpowered ultralight
vehicle in accordance with =A791.309; or

(2) Conduct flight training in an aircraft which that person provides prior
to January 31, 2010.

(f) No person may lease an aircraft that is issued an experimental
certificate under =A721.191(i) of this chapter, except in accordance with
paragraph (e)(1) of this section.

(g) No person may operate an aircraft issued an experimental certificate
under =A721.191(i)(1) of this chapter to tow a glider that is a light-sport
aircraft or unpowered ultralight vehicle for compensation or hire or to
conduct flight training for compensation or hire in an aircraft which that
persons provides unless within the preceding 100 hours of time in service
the aircraft has=97

(1) Been inspected by a certificated repairman (light-sport aircraft) with a
maintenance rating, an appropriately rated mechanic, or an appropriately
rated repair station in accordance with inspection procedures developed by
the aircraft manufacturer or a person acceptable to the FAA; or

(2) Received an inspection for the issuance of an airworthiness certificate
in accordance with part 21 of this chapter.

(h) The FAA may issue deviation authority providing relief from the
provisions of paragraph (a) of this section for the purpose of conducting
flight training. The FAA will issue this deviation authority as a letter of
deviation authority.

(1) The FAA may cancel or amend a letter of deviation authority at any time.

(2) An applicant must submit a request for deviation authority to the FAA at
least 60 days before the date of intended operations. A request for
deviation authority must contain a complete description of the proposed
operation and justification that establishes a level of safety equivalent to
that provided under the regulations for the deviation requested.

(i) The Administrator may prescribe additional limitations that the
Administrator considers necessary, including limitations on the persons that
may be carried in the aircraft.

 =


 =


  _____  =


From: balloon-makers-bounces at taleos.com
[mailto:balloon-makers-bounces at taleos.com] On Behalf Of Marc Weniger
Sent: Monday, May 26, 2008 1:01 PM
To: balloon-makers at taleos.com
Subject: RE: [Balloon-makers] Lessons In An Experimental

 =


 =


Hi Group,
This is a common topic. I have done a lot of experimental instruction. The
law is as such:
 =

You are allowed instruction in an experimental if:
- The owner of the experimental is receiving instruction. The owner can pay
for instruction. =

- The owner of the experimental is giving instruction FOR FREE.
 =

You are not allowed to give instruction in an experimental to anyone other
than the OWNER of the aircraft for hire.
 =

I hope that helps. Thanks!
Marc =


 =


  _____  =


Give to a good cause with every e-mail. Join the i
<http://im.live.com/Messenger/IM/Join/Default.aspx?souce=3DEML_WL_%20GoodCa=
use
> =92m Initiative from Microsoft.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.taleos.com/balloon-makers/attachments/20080526/98d6dfd6/a=
ttachment-0001.htm