GENERAL AVIATION ADVOCACY GROUPS CLASH WITH FAA OVER NEW INTERPRETATION OF FLIGHT TRAINING LIMITATIONS
July 28, 2021
On June 4, 2021, FAA issued a letter, available here, in response to an April 19, 2021 letter from the Airplane Owners and Pilots Association (AOPA), the General Aviation Manufacturers Association (GAMA), and the Experimental Aircraft Association (EAA) seeking clarification of FAA policy with regard to flight training following the D.C. Circuit Courts’ decision in Warbird Adventures, Inc. et. al. v. Federal Aviation Administration. In the letter, the Associate Administrator for Aviation Safety explained that though a person may hold the appropriate privileges to conduct flight training under part 61, the regulations in part 91 may restrict the exercise of those privileges in a particular category of aircraft under certain conditions, such as operations conducted for compensation or hire. FAA specifically referred to §§ 91.315, 91.319, & 91.325 which prohibit the operation of limited category aircraft, experimental aircraft, and primary category aircraft while carrying persons or property for compensation of hire without a letter of deviation authority (LODA) or specific exemption. Understanding that this could severely limit the ability of individuals to obtain flight training in these categories of aircraft, FAA recommended that owners of these categories of aircraft obtain an exemption or deviation as appropriate to allow training in their aircraft.
In response to the FAA’s June 4th letter, 10 aviation industry groups issued a joint response letter on June 8, 2021, available here, urging FAA to immediately revise what they considered to be an unnecessary change in policy. The groups were concerned that this new prohibition on owners receiving flight training in these aircraft without additional specific authorization to do so from FAA would adversely affect aviation safety. Finally, the groups urged FAA to correct this apparent change in policy, and further asked FAA to issue a statement that it will not take legal enforcement action against pilots and flight instructors under this new policy until the matter is resolved.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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