The FAA has enacted a final rule that, among dozens of other fine print details, allows certain types of pilot training, testing and checking in experimental aircraft without the need for a letter of deviation authority (LODA). The rule fixes a situation that resulted from a court decision five years ago concerning for-hire sightseeing rides in warbirds that were being touted as instructional. The decision caused the FAA to interpret existing regs to require the LODA, and this rule relieves that requirement.
While they were at it, the agencies appear to have combed the regs for little issues that needed updating and correcting, and CFIs are advised to give it a thorough reading. Among the more significant changes is the description of those occupying the plane who are not flying as “persons” rather than passengers and allowing exceptions from currency requirements to allow instructors who are not night current to fly with pilots who are regaining their night currency. The new rule also allows CFIs to provide “elective” training in things like mountain flying, aerobatics and formation work for the purpose of enhancing their pilot skills.
