§ 91.326 Exception to operating certain aircraft for the purposes of flight training, flightcrew member checking, or flightcrew member testing.

[JEFF TIPTON]

Recent change https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-91/subpart-D/section-91.326

(c) Operations not requiring a letter of deviation authority. The following operations may be conducted without a letter of deviation authority.

(1) An authorized instructor, registered owner, lessor, or lessee of an aircraft is not required to obtain a letter of deviation authority from the Administrator to allow, conduct, or receive flight training, checking, or testing in a limited category aircraft, experimental aircraft, or primary category aircraft if—

(i) The authorized instructor is not providing both the training and the aircraft;
(ii) No person advertises or broadly offers the aircraft as available for flight training, checking, or testing; and
(iii) No person receives compensation for the use of the aircraft for any flight during which flight training, checking, or testing was received, other than expenses for owning, operating, and maintaining the aircraft. Compensation for the use of the aircraft for profit is prohibited.
(2) A person may operate a limited category aircraft, experimental aircraft, or primary category aircraft to conduct flight training, checking, or testing without a letter of deviation authority if no person provides and no person receives compensation for the flight training, checking, or testing, or for the use of the aircraft.

(d) Previously issued letters of deviation authority. For deviation authority issued under § 91.319 prior to December 2, 2024, the following requirements apply—

(1) The deviation holder may continue to operate under the letter of deviation authority until December 1, 2026;
(2) The deviation holder must continue to comply with the conditions and limitations in the letter of deviation authority when conducting an operation under the letter of deviation authority in accordance with paragraph (b)(1) of this section;
(3) The letter of deviation authority may be cancelled or amended at any time; and
(4) The letter of deviation authority terminates on December 1, 2026.

[Docket No. FAA-2023-1351; Amdt. No. 91-378, 89 FR 80341, Oct. 2, 2024]

 

[Hotel32]

Our current LODA is good until 12/1/26. Is there a provision for renewal or reissuance?

 

[JEFF TIPTON]

I have not seen any reference to renewing of an LODA after that date.

I wonder if they are expecting S-SLA gyroplanes by that date and there would not be a need for LODA at that time.

If that is the case?

 

[Abid]

I have not seen any reference to renewing of an LODA after that date.

I wonder if they are expecting S-SLA gyroplanes by that date and there would not be a need for LODA at that time.

If that is the case?

Usually they grandfather in the machines and instructors with the LODA. They would just not issue new ones. If you sold the gyroplane that you had a LODA in, you may not get a new machine that is Experimental into your school with the LODA because then there would be SLSA gyroplanes available for training from multiple sources hopefully.
But if you got a LODA now and kept that machine they usually would not end that for you. I can ask that from FAA ASTM Program Manager. We have a meeting on Xoom tomorrow