Quote Originally Posted by Joda View Post
It has been pretty solidly established that 91.205 does not apply for day VFR operations of experimental aircraft. The key word in the regulation is "standard". The airworthiness certificate issued to these aircraft is a "special" airworthiness certificate, so they are not "standard" aircraft.
Very good. That's the argument I needed to hear, and I agree that the logic makes sense.

I find it a bit strange that the FAA would exempt Experimental aircraft from the day VFR 91.205 requirements, but whether a loophole or intentional, you've convinced me.

Quote Originally Posted by Joda View Post
But you are right, we are not required to issue a certificate. There are many reasons why we might deny a certificate. But we can't just decide we don't like the thing and refuse to issue. We have to have specific legal basis for the denial, and as a DAR, I would never deny a certificate without the blessing of my supervising office. I wouldn't want to fight that battle alone.
I certainly understand the desire for support, but isn't "it's not in a condition for safe operation", per the paragraph I quoted above, enough? Otherwise, why put that in there?