EAA Members,


At some point in the medium-term (1-2 years), I'm going to take the plunge and purchase my first aircraft, once they kick me out of my job and send me back to the states (currently overseas). I've been researching all of the requirements, and unfortunately have come accross some questions that I was hoping to get clarification on regarding the FAR/AIM and the ownership of expiremental -vs- certificated aircraft. I have spent numerous hours researching this, and it would appear that there are many different opinions on how to interpret some of these regulations.

Part 91.319 of the FAR/AIM specifically states some of the following (I'm going to ask my questions inline):

(a) No person may operate an aircraft that has an experimental certificate—
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(2) Carrying persons or property for compensation or hire.
-- I understand this to mean commercial only? (i.e. I would like for my kids to be able to learn to fly, some forums indicated that although you couldn't use an expiremental in a flight school per say, that you could otherwise have a CFI provide flight training in a personally owned expiremental aircraft). If there is a willing certified trainer to get into an amature built aircraft that he could charge for and provide all services required to meet FAA training requirements? *More on this later, as the FAR/AIM appears to answer this question, but has specific dates listed.

(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.
-- I'm to understand this means "Phase 1" of the testing (the initial 40 hours), and during this period the "area assigned" is so that it's easier for the wreckage to be located? Once this 40 hours is done, are there any restrictions preventing the purchase accross country of an expiremental? From what I understand, that once the aircraft has completed its "Phase 1", that it becomes basically the same as a certificated aircraft (minus some additonal notes specified below). There would be nothing wrong with purchasing an aircraft from NY if I lived in CA after each phase has been completed?

(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.
--This one appears to be the most condemning argument against owning an experimental, but it's a bit confusing. I've personally seen expirimental aircraft fly over areas that I thought to be fairly populated (Kitfox & Avid's in Idaho near and around Boise, etc.) - What are these limitations really? The understanding I can take from this is that the aircraft is simply supposed to be equiped to be able to glide to a safe landing destiation should something horrendous occur and a forced landing is required without the risk of crashing into any towering-cumulous-concrete. It's safe to assume that expirimental aircraft cannot operate in any Class B airspace, does this extend to Class C also, or is this simply defined by the "yellow spots" in VFR sectionals (night lighting) that these aircraft shouldn't fly?

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(2) Operate under VFR, day only, unless otherwise specifically authorized by the Administrator; and
-- I have seen countless expiremental aircraft listed on sites like Barnstormers and Trade-A-Plane who all proudly show their instrument panels while gloating that they are IFR certified, to include every flavor imaginable (VOR/GPS/Localizer/etc.). Although I have seen some references to ELSA (Expiremental Light Sport) as having the ability to fly in instrument conditions, the regs clearly state that light sport aircraft are unable to do so. Based on this regulation alone, I am believing that the sellers of those aircraft have just wasted money equiping them with avionics they'll never be able to use?

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(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—
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(2) Conduct flight training in an aircraft which that person provides prior to January 31, 2010.
-- Along with my previous question about hiring a CFI to provide potential training to my kids in my own aircraft. If a CFI can in fact be hired to fly in a personal aircraft per the regs, the expiremental must be younger than 2010 if this is the case?


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Thanks for any information that can be shared. I do apologize for unloading on this forum, but I have honestly spent a considerable amount of time researching these questions, and have found answers on both sides of the fence (especially in the case of the "densely populated areas" regulation), as it appears there's no end to interpretation of these rules.