 |
|
|
|
|
| Proposed New Sport Pilot Rules | Sep '08 |
|
|
| By Robert B. Schultz, Attorney at Law |
| |
On July 27, 2004, the FAA issued its new light-sport aircraft rules, which some would argue revitalized general aviation—at least in the low-rent district where I reside. It recently issued proposed changes to these rules [Docket No. FAA-2007-29015; Notice No. 08-03].
One concept that originated with the LSA rules, "set of aircraft," will be effectively abandoned. If you found the concepts of "category" and "class" confusing, you won't miss "set of aircraft." Category and class have different meanings depending on whether you're talking about pilot certification or aircraft certification. For pilot certification, category refers to broad aircraft classifications such as airplane and rotorcraft. For aircraft certification, it refers to operating limitations such as transport, normal or utility. Class, for the purpose of pilot certification, refers to aircraft with similar operating characteristics such as single or multi-engine. Whereas, for the purpose of aircraft certification, it refers to similar propulsion, flight or landing such as airplane, rotorcraft or glider (FAR Part 1). So class in aircraft certification is like category in pilot certification. Confused?
Then along came the LSA rules, which added "set of aircraft," meaning aircraft that "share similar performance characteristics, such as similar airspeed and altitude operating envelopes, similar handling characteristics, and the same number and type of propulsion systems" (FAR Part 61.1). Under the current rule, there are no category and class ratings on your sport pilot certificate. Instead, you get a category and class endorsement in your logbook, which entitles you to operate any LSA in the same category, class and set of aircraft as the one for which you were endorsed (FAR Part 61.317 and 61.319). To fly an LSA in the same category and class but a different set of aircraft, all that's needed is a simple endorsement from a flight instructor that you're proficient to fly a specific make and model aircraft within the new set of aircraft (FAR Part 61.323). Is that clear now?
The proposed change will align the sport pilot certificate with all other certificates. If approved, you'll receive category and class ratings on your certificate, effectively removing any requirements for same set of aircraft training or endorsements. Moreover, instead of a flight instructor endorsement, the FAA will issue the new ratings after a practical test administered by an FAA designated pilot examiner. If you already have LSA category and class endorsements in your logbook, you need only submit these to the FAA to get the appropriate category and class ratings. But you'll still be able to fly with just your endorsement for up to two years after the final rule goes into effect.
Under the new rules, flight instructors would get similar ratings on their certificates, and the current requirement for sport pilot flight instructors to log at least five hours of flight time in a particular make and model of light-sport aircraft before providing training in the same set of aircraft will be eliminated.
Since each sport pilot's certificate will list his or her ratings, under the new rules, you'll no longer have to carry your logbook while in flight. This may represent a significant weight reduction for many for the new LSAs. Of course, you'll have to carry you certificate instead.
Among the requirements the new rules will eliminate is the one for flight training at an airport with an operating control tower in a powered parachute or weight-shift-control aircraft for those persons seeking privileges to operate those aircraft. That would be a tough requirement to meet since few powered parachute or weight-shift-control aircraft have radios. Similarly, the new rules will eliminate the requirement for training in the use of radios for VFR navigation and communication when the aircraft intended for use by the pilot isn't equipped with such instruments.
Finally, the FAA is proposing a new requirement for one hour of instrument flight training for sport pilots operating airplanes with a VH (max level flight cruise speed) greater than 87 knots CAS. The reason for this rule, the FAA says, is that "operators of these aircraft are more likely to encounter instrument meteorological conditions than operators of other categories of aircraft." I'm not sure about that logic.
In March 2002, before the first sport pilot rules were final, I wrote in this column, "Remember the recreational pilot certificate that was introduced in 1989? Only about 600 were ever issued and only 300 remain active." The latest count I could find of sport pilots from a year ago was more than 4,000. LSAs appear to have caught on.
Robert B. Schultz practices law in Denver and specializes in aviation law nationwide. He can be reached at bob.schultz@airportjournals.com and welcomes your comments and questions.
Back to Page 1
|
|
|
|
|
