Posted for Jim McIrvin <pilot195@rocketmail.com>:

I have given training during the test portion also, but the operating limitations approved by the FSDO specifically approved training for the builder/owner after I had validated the basic characteristics of the aircraft.  The limitations further stated that after the builder/owner had received adequate training, all subsequent test flights must be conducted solo IAW the regs.  The common excuse given for 2 people in the aircraft is the "required by mission" referenced in Jack's message (below).  Training is not a "mission requirement" by any stretch -- there is no requirement for the owner/builder or any one else to receive training in conjunction with the 25 or 40 hour test program -- that can easily happen later.  I have clarified this with about 3 FSDOs and they all had the same interpretation.  Two FSDOs I have worked with specifically on this issue are receptive to writing the limitations to allow me to conduct the training during the test phase, as I outlined above (and have done).  Now - there is a valid mission requirement for 2 persons, and I suspect Charlie and Don may be using this, and that's fine.  If I need your presence to collect data, manage the engine analyzer, or some other function that I feel will interfere with my ability to safely fly the aircraft in the manner required for the test, then 2 persons are required for that portion.  How I conduct landing practice under that scenario is a stretch that I am not comfortable risking my career over. As you make your own decision, remember that it is not what you or I think is correct that matters - analyze your choice under the spotlight and microscope of an accident.  If the insurance company's lawyer successfully argues that you were not in the scope of the limitations approved for your airplane, your wife and kids may not receive any benefits from your insurance policy.  It has happened (example I know personally was not an experimental - it was a certified aircraft, but the pilot had done something silly like flying out of annual, or with an expired flight review or something --- no insurance coverage, no benefits paid, nothing.)

Remember that it is easy for us humans to try and justify why our interpretation is okay - shoot we've all done that when we were kids, and our parents/teachers/coaches never let us get away with it then.  Run it by your FSDO - if they say it's okay, jot down their name, what the conversation was, what day/time you talked and keep the record.  Better yet, write it down and have them sign it.  With that done - you have a solid case. BTW, the IV/P I'm prepping for 1st flight will have the "training allowed" in the limitations.  fly safe, have fun!
 
Jim McIrvin
cell 210-275-7780
email pilot195@rocketmail.com or mcirvinj@swbell.net
www.geocities.com/pilot195