FAA Publishes Additional Pilot Program

[Mike M]

I deleted my original post in this thread because I FINALLY FOUND THE WRITTEN GUIDANCE that amends FAA Order 8130.2G!

They did it with deviations and memos, the administrative equivalent of shims and wedges.

The FAA amended E/AB limits (6) and (10) by inserting the phrase, "unless operating in accordance with advisory circular 90-116...only the minimum crew necessary to fly the aircraft during normal flight operations may be on board." I'm not sure if that will go into all E/AB limitations immediately, or if it only will go to those eligible to use the APP.

Either way, it still doesn't require solo flight, which is good.

"Flightcrew member" is defined in CFR 14 Pt 1.1. "Minimum crew" is new to these limitations (replacing "essential to the purpose of the flight") and is undefined. As is this fresh usage of "normal flight operations." At least, I can't find those in CFR 14 Pt 1.1. If you've got a written reference, I'm open to correction.

AC 90-89 (the Amateur-Built Flight Test Handbook) documents an FAA-issued outline for a particular series of flights. What they expect to be done. In the absence of a better definition, one could logically argue that's what's normal. If logic applied to FAA Orders. Anyway, based on that, I believe either the old or the revised limitations verbiage still allow an aircraft manufacturer who cannot use the APP because of its applicability restrictions to create and implement a test plan, including the minimum number of flightcrew members the manufacturer deems essential to safely operating the aircraft and installed equipment on each flight, while using AC 90-89 as the source for the normal operations the FAA expects to be conducted during Phase I.

Which does NOT allow for flight instruction of a new owner, does NOT allow taking the builder's spouse for a ride, does NOT allow a whole bunch of things. Does allow a second flightcrew member to conduct essential functions delineated in the written test plan implementing AC 90-89 such as testing systems, ensuring proper operations, documenting test results, managing avionics and collision avoidance, etc etc.

Don't ask, don't tell. - Bill Clinton