1. Purpose of This Notice. This notice provides clarification
on flight training for compensation in certain aircraft that hold Special Airworthiness
Certificates in the experimental category. It provides guidance on how flight
training for compensation can be accomplished in these aircraft in compliance
with regulations and describes an interim process for Flight Standards District
Office (FSDO) managers to issue a Letter of Deviation Authority (LODA) to owners
of experimental aircraft and flight instructors providing flight training for
compensation in experimental aircraft, in accordance with Title 14 of the Code
of Federal Regulations (14 CFR) part
no compensation is provided for use of the aircraft.
Note: The parameters under which the interim process to obtain a LODA may
be exercised by an applicant are found in the Notification of Policy for Flight
Training in Certain Aircraft (“the Policy”), published in the Federal Register
(FR) on July 12, 2021. This interim process cannot be utilized outside the parameters of the Policy.
2. Audience. The primary audience for this notice is Flight Standards
(FS) General Aviation Safety Assurance (GASA) personnel. The secondary audience
includes the Safety Standards and Foundational Business offices.
3. Where You Can Find This Notice. You can find this notice on
the MyFAA employee website at
can access this notice through the Flight Standards Information Management Systems (FSIMS) at
can find this notice on the Federal Aviation Administration’s (FAA) website at
notice is available to the public at
4. Background. On April 2, 2021, the United States District Court
for the District of Columbia Circuit dismissed a petition for review of an FAA
emergency cease and desist order, ordering that the operator cease and desist
from operating his limited category aircraft in violation of §
this case, the operator maintained a publicly available website that advertised
opportunities to fly in its limited category aircraft at upcoming air shows
and allowed members of the public to book flights in exchange for substantial
amounts of money.
Section 91.315 states
that “no person may operate a limited category aircraft carrying persons or property for compensation or hire.”
a. Before the Court, the operator argued that it was conducting
flight training for compensation in its limited category aircraft, which it claimed is not prohibited under §
Court disagreed and denied the petition for review of the FAA’s cease and desist order, finding there was substantial
support for the agency’s position that, under the plain language of §
training for compensation constitutes operating a limited category aircraft
carrying a person for compensation or hire and, therefore, is a violation of
the regulation. The prohibition in §
experimental aircraft that mirrors the language in §
be read to have the same meaning.
b. The FAA has long emphasized the importance of pilots being
trained and checked in the aircraft they will operate. Specifically, it is critical
that pilots understand and are familiar with the particular systems, procedures,
operating characteristics, and limitations of the aircraft that they will operate.
This flight training is distinct from a situation where an aircraft with a Special
Airworthiness Certificate is “held out” broadly for training to individuals
who pay for both the flight training and the use of an aircraft.
5. Interim Process to Obtain an Experimental Aircraft LODA. To
obtain a LODA, owners of experimental aircraft and flight instructors providing
flight training in experimental aircraft may submit a request to
seeking a LODA through this process must adhere to the parameters
of the Policy and provide the following information:
• Email address.
• Pilot certificate number.
• Flight instructor certificate number (if applying as a certificated
flight instructor (CFI)).
• Aircraft registration number (if applying as an owner).
• Aircraft make/model in which you will receive or provide instruction.
• Aircraft home base airport (if applying as an owner).
a. Applications submitted to the email address above will be
reviewed and then provided to GASA personnel for signature. The LODA will be
issued to the applicant via email and tracked via the Knowledge Services Network
(KSN) LODA Tracker. A link to this tracker will be provided in the email to
FSDOs sent from the LODA mailbox. A copy of the LODA must be carried on board
the aircraft during flight training conducted under the LODA.
Note: Although the Policy requires CFIs to submit a list of aircraft in
which they intend to instruct, the list will not be included on the LODA. The
“Aircraft Make(s)/Model(s)” box in Table 1 of the LODA will be left as “N/A”
for CFIs, because the LODA authorizes a CFI to exercise the privileges of the
LODA in any experimental aircraft for which he or she is qualified and authorized
to provide flight training.
b. Applications that are later found to lack compliance with
the provisions of the Policy may be canceled or amended at any time. LODAs generated
under this process will expire 48 calendar-months from the date of issue
and may be canceled or amended at any time.
c. This process does not preclude any individual from seeking
a LODA in accordance with published FAA Order 8900.1 guidance. This process
is not to be utilized for applicants who would otherwise be required to hold
a LODA under Order 8900.1,
Volume 3, Chapter 11, Section 1, Use
of Aircraft Issued Experimental Certificates in Flight Training for Compensation or Hire. The guidance found in Order 8900.1,
Volume 3, Chapter 11, Section 1, subparagraphs
3-292A, B, and C is superseded by this notice.
6. Action. Provide interested parties with guidance for the interim
LODA process. Completed applications will be forwarded to the applicable FSDO
for signature and issuance (refer to the flowchart at
applicant is considered eligible for the LODA once he or she has submitted
all information identified in the Policy. It is the applicant’s responsibility
to ensure that the information submitted to the FAA is correct and that they
are eligible for the LODA. The FSDO manager or his or her delegate will sign
and issue the LODA via the email address provided by the applicant and note
completion via the KSN Tracker mentioned above.
Note: See the sample LODA in Appendix A below. A fillable LODA template can be found at
7. Disposition. We will incorporate the information in this notice
into Order 8900.1 before this notice expires. Direct questions or comments concerning
the information in this notice to the General Aviation and Commercial Division
Operations Group (AFS-830), General Aviation Operations Section at
ORIGINAL SIGNED by
/s/ Robert C. Carty
Deputy Executive Director, Flight Standards Service
Appendix A. Sample Interim LODA