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Thread: 40 hour fly off

  1. #1
    Junior Member 737gearmonkey's Avatar
    Join Date
    Nov 2011
    North Logan, UT

    Default 40 hour fly off

    Hello all!
    Myself and 2 others have formed an LLC and ordered a kit. I will be the builder. One question that came up is the 40 hr fly off. Are anyone of the owners of the LLC allowed to pilot the aircraft during the fly off period or is it just one designated person? We got to thinking the fly off would go so much quicker with multiple guys flying it, obviously at different times.



  2. #2
    Senior Member Andy's Avatar
    Join Date
    Dec 2019
    Glendale, AZ

    Default Re: 40 hour fly off

    Quote Originally Posted by 737gearmonkey View Post
    We got to thinking the fly off would go so much quicker with multiple guys flying it, obviously at different times.


    The operating limitations issued for your airplane specify who can fly it. Mine, for an FX-3, include the following:

    "6. The pilot in command must hold airplane category and single-engine land class certificate or privilege. The pilot in command must hold all required ratings or authorizations and endorsements required by part 61. (7)"


    "-- The following limitations apply during-phase 1:
    18. No person may operate this aircraft for other than the purpose of meeting the requirements of 91.319(b).
    The pilot in command must comply with 91.305 at all times.

    19. Unless operating per FAA AC 90-116, Additional Pilot Program for Phase 1 Flight Test, only the minimum crew necessary to fly the aircraft during normal operations may be on board. (44)."

    I'd suggest a careful read of AC90-116 and the referenced list of approved types. You may find that "obviously at different times" does not apply.

    You may also find that your insurance is more restrictive than the operating limitations.
    Last edited by Andy; 02-11-2021 at 06:00 AM.

  3. #3
    Junior Member
    Join Date
    Jan 2014
    East Lansing, MI

    Default Re: 40 hour fly off

    The DAR ( or FAA guy) can designate more than one pilot. I shared mine with my son.

  4. #4
    Join Date
    Sep 2015
    Warwickshire, UK

    Default Re: 40 hour fly off

    The only limitation on who can fly the phase 1 program under the FAA limitations is that they hold a single engine land certificate and any necessary endorsements etc. under part 61. It does not name pilots.

    It can be difficult to obtain insurance without at least 5 hours on make and model, so that is more likely to dictate who will be completing phase 1.

    If you are wanting to take advantage of the additional pilot program of 90-116 then it does specify that the first 8 hours and initial test program is flown by the builder or owner including partial owners.

    If you don't intend to use the APP then that limitation doesn't apply, just the FAA phase 1 limitations.

  5. #5
    Junior Member Bill Tew's Avatar
    Join Date
    Jun 2016
    Park City , Utah

    Default Re: 40 hour fly off

    With over 500 hrs in high performance tail draggers, my insurance company still wanted 5 hours of dual in make and model before I soloed my EX-2. I got two instructors here at KHCR as named pilots on my policy and they did the first flights ~ 10 hrs. Neither had any Carbon Cub time but lots of Husky, Pitts, Super Cub time. Went to Tac-Aero in Oregon for the requisite dual in their FX-2.

    Both instructors easily qualified under the Additional Pilot Program and logged all the necessary paperwork. They flew with me (PIC) for 8 additional hours - to assist in checking out the aircraft and confirming operating limits of course. A little instruction from the backseat never hurts and the Program even allows for compensation. Completed the balance of the 40hrs solo.

    After landing at 70+ mph for a decade, it took about 100 hours to be truly comfortable with slow speed touch downs.

    Fly Slow and Stay Safe,


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