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Thread: Renting out homebuilts?

  1. #1

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    Renting out homebuilts?

    Hypothetical question: can an amateur built experimental be legally rented out for money? (Let's assume it gets 100 hour inspections.)

  2. #2
    Todd copeland's Avatar
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    Absolutely not legally

  3. #3

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    Can anyone point me to the appropriate FARs?

  4. #4

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    EXP aircraft can not be used in a commercial operations. rental aircraft are a commercial operation.

    The rule is 21.191 Experimental certificates.
    Last edited by Tom Downey; 12-20-2011 at 08:21 PM.

  5. #5

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    Quote Originally Posted by Aerco View Post
    Hypothetical question: can an amateur built experimental be legally rented out for money? (Let's assume it gets 100 hour inspections.)
    But you can loan it out for FREE! I'll email my address.......

  6. #6
    rwanttaja's Avatar
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    14CFR 91.319, "Aircraft Having Experimental Certificates: Operating Limitations"
    (a) no person may operate an aircraft that has an experimental certificate--
    (1)...
    (2) Carrying persons or property for compensation or hire.


    So you can't rent it out. However, you can sell partial interest in the airplane, form a flying club, and have the members compensate the club for the costs involved in using their airplane.

    Ron Wanttaja

  7. #7
    hydroguy2's Avatar
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    Sec. 91.319

    Aircraft having experimental certificates: Operating limitations.


    (a) No person may operate an aircraft that has an experimental certificate--
    (1) For other than the purpose for which the certificate was issued; or
    (2) Carrying persons or property for compensation or hire.
    (b) No person may operate an aircraft that has an experimental certificate outside of an area assigned by the Administrator until it is shown that--
    (1) The aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed; and
    (2) The aircraft has no hazardous operating characteristics or design features.
    (c) Unless otherwise authorized by the Administrator in special operating limitations, no person may operate an aircraft that has an experimental certificate over a densely populated area or in a congested airway. The Administrator may issue special operating limitations for particular aircraft to permit takeoffs and landings to be conducted over a densely populated area or in a congested airway, in accordance with terms and conditions specified in the authorization in the interest of safety in air commerce.
    (d) Each person operating an aircraft that has an experimental certificate shall--
    (1) Advise each person carried of the experimental nature of the aircraft;
    (2) Operate under VFR, day only, unless otherwise specifically authorized by the Administrator; and
    (3) Notify the control tower of the experimental nature of the aircraft when operating the aircraft into or out of airports with operating control towers.
    [(e) No person may operate an aircraft that is issued an experimental certificate under §21.191 (i) of this chapter for compensation or hire, except a person may operate an aircraft issued an experimental certificate under §21.191 (i)(1) for compensation or hire to-
    (1) Tow a glider that is a light-sport aircraft or unpowered ultralight vehicle in accordance with §91.309; or
    (2) Conduct flight training in an aircraft which that person provides prior to January 31, 2010.
    (f) No person may lease an aircraft that is issued an experimental certificate under §21.191 (i) of this chapter, except in accordance with paragraph (e)(1) of this section.
    (g) No person may operate an aircraft issued an experimental certificate under §21.191 (i)(1) of this chapter to tow a glider that is a light-sport aircraft or unpowered ultralight vehicle for compensation or hire or to conduct flight training for compensation or hire in an aircraft which that persons provides unless within the preceding 100 hours of time in service the aircraft has-
    (1) Been inspected by a certificated repairman (light-sport aircraft) with a maintenance rating, an appropriately rated mechanic, or an appropriately rated repair station in accordance with inspection procedures developed by the aircraft manufacturer or a person acceptable to the FAA; or
    (2) Received an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
    (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.
    (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 aircraft.]
    It's just one dam job after another

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  8. #8
    CarlOrton's Avatar
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    The only way (sorry; can't quote FARs...) is if someone obtains a LODA (letter of deviation authority) where they can provide transition training in an experimental. Then, yes, they can charge for rental of the aircraft. But ONLY with the instructor for purposes of transition training.

    Carl Orton
    Sonex #1170 / Zenith 750 Cruzer
    http://mykitlog.com/corton

  9. #9
    steveinindy's Avatar
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    Quote Originally Posted by martymayes View Post
    But you can loan it out for FREE! I'll email my address.......
    Darn it Marty! You beat me to it. LOL

    However, you can sell partial interest in the airplane, form a flying club, and have the members compensate the club for the costs involved in using their airplane.
    Hmmmm....interesting. If someone were to take friends along on a trip (say to Florida) is it still legal for them to split the cost of fuel?
    Last edited by steveinindy; 12-20-2011 at 10:32 PM.

  10. #10
    Hiperbiper's Avatar
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    Hmmmm....interesting. If someone were to take friends along on a trip (say to Florida) is it still legal for them to split the cost of fuel?[/QUOTE]

    Don't ask don't tell.

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