Sender: <marv@lancaironline.net> (Marvin Kaye)
To: lml
Date: Wed, 27 Nov 2002 13:14:29 -0500
Message-ID: <redirect-1888319@logan.com>
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Subject: Training during test phase
Thread-Topic: Training during test phase
Thread-Index: AcKWP7JQdxchAwItEdeKlgAQS/k/NQ==
From: "Halle, John" <JJHALLE@stoel.com>

If we are going to cite regs, let's at least cite them correctly.  The =
FAR's themselves (which are the only true "regs" on the subject) simply =
state that persons not essential to the mission cannot be carried during =
the test period.  In interpreting this reg, the advisory circular makes =
two statements:

1.  "The carrying of passengers will not be permitted WHILE THE AIRCRAFT =
IS RESTRICTED TO THE FLIGHT TEST AREA"; and

2.  "Flight instruction will not be allowed in the aircraft WHILE =
CONDUCTING FLIGHT TESTS."

Those of you who read carefully will notice a difference in language in =
the two provisions.

The first provision is consistent with the FAR because "passengers" are, =
by definition, not essential to the mission.  A pilot receiving flight =
instruction is not a passenger.

The second provision makes the common sense point that the aircraft =
cannot be used simultaneously to provide instruction and to conduct =
flight tests.  Good idea!  It doesn't take a genius to figure out that =
the first stall series done in a new experimental aircraft should =
probably not be undertaken by a pilot with no experience in the =
aircraft.

Incidentally, flight tests are specifically mandated by the circular and =
applicable FAA guidelines and, at the end of the test period, the pilot =
must certify in the log book that they have been accomplished.  Nothing =
in any publication that I know of says that the flight tests must take =
up the entire 25 or 40 hour test period.

It seems unlikely to me that the use of the different language in the =
two provisions was simply drafting sloppiness.  My assumption is that =
the language was intended to mean what it plainly says:  you can't have =
people that are just along for the ride and you can't train a new pilot =
at the same time that you are doing flight tests.

Incidently, for whoever suggested that it is permissable under the =
advisory circular guidelines to take someone to observe engine guages, =
the "passenger" provision strongly suggests otherwise.

I have no doubt that there are FAA inspectors that take a more =
restrictive view.  It would not be the first time that a local FSDO =
exceeded its statutory authority.  That may be a possibility worth =
considering.  However, I have very little doubt that a court would find =
that flight training is not prohibited during the test period (except =
while conducting flight tests) based on the FAR and with all due =
consideration for the Advisory Circular.