CFI or instruction in any Experimentals

[couleeone]

Jay Tevis
Aviation Safety Inspector
FAA, AFS-610
Light Sport Aviation Branch


From: Couleeone@aol.com
To: Jay Tevis/AMC/FAA@FAA Date: 03/18/2011 10:01 AM Subject: clarification of LSA rules




Hi Jay,

We are having a hard time with the rules again.

Could you clear up what the regulations are on the following:

Can a CFI give instruction in his CFI owned ELSA
Not without a Letter of Deviation Authority per 91.319

(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.



4.. or any experimental along as he doesn't charge for the aircraft time but can charge for his pilot time?
Not without a LODA. Your scenario has not been tested in court, but you need the aircraft to charge for his pilot time, so I don't believe it will work.

5. I believe if the student owns the experimental aircraft you can give him instruction in it and charge for your pilot time?
Correct

6. Can you instruct any other student in a non owned experimental aircraft by him?
Yes, as long as the aircraft is not rented.

[couleeone]

FYI: Part of 91.319

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

[RanRan]

Question: Can the Letter of Deviation come BEFORE declaring your airplane an ELSA? If not, what a Catch 22!

[couleeone]

update


http://www.eaa.org/news/2011/2011-06-03_loda.asp

in revised FAA Letter of Deviation Authority (LODA) guidance, publicly released today, changes allow for primary flight instruction in rotorcraft gyroplanes, ultralight vehicles, and for sport pilot certificates in previously exempted Experiment light-sport aircraft