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In Flight USA Celebrating 37 Years
July 2021
IS
THE FAA OPPOSED TO FLIGHT SAFETY?
Editorial By Ed Downs 2017 TBM930 930 2017 Socata Socata TBM
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1977 Cessna Piper Lance 1976 T210L
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AirplanesUSA Aircraft Sales proudly presents this very unique Turbo Centurion to market. The aircraft is low time and has been in the Central Oregon area AirplanesUSA Sales presents extremely equipped since new, andAircraft the engine is proudly a low time factorythis reman installedwell in 1979. The 1977 tail Piperhangared Lance toinmarket. incredibly aircraftstraight sat in storage, Eugene,AnOregon fromupgraded 1994 untilpanel 2020.in-It cludes a Garmin PMA AudioPDLQWHQDQFH Panel with Blue Tooth conZDV WKHQ EURXJKW GTN750, EDFN WR OLIH ZLWK8000 H[WHQVLYH UHVWRUDWLRQ DQG nectivity to mobile phone, G5current PFD and JPI 830 Engine monitor care last year, to include wingGarmin spar eddy AD compliance, Garmin panel with fuel flow. engine QHZ is justLQWHULRU past mid-life and LVis QRZ a factory overhaul inXSJUDGHV DQGThe D EHDXWLIXO 7KH DLUFUDIW KHDOWK\ DQG À\LQJ stalled in IURP 2004.$XURUD This well needs nothing all been H[SRUW done. UHJXODUO\ 25equipped DQG UHDG\aircraft IRU D QHZ KRPH 'XDO- it's LQVWUXFWLRQ More than $50,000 wasareinvested in the panel since 2015. .....$159,900 CALL! and worldwide delivery available......................................................
Steve Feldman • Sales Manager (650) 394-7610 • steve@airplanesusa.com San Carlos Airport • 620 Airport Way • San Carlos, California 94070
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eally? Clearly, that title line must be rhetorical. Of course, the FAA does not oppose flight safety… or does it? Most readers have experienced the policies and practices of various government bureaucracies (Federal and local) that seem to defy common sense, some even being contrary to the mission statement of the bureaucracy itself. Such examples are regrettably plentiful with many regulatory agencies. We are inclined to pass off such foolishness as simply an indication of bureaucratic ignorance, or the close relative of ignorance, stupidity. But surely, the FAA would not oppose flight safety … would they? Sorry to say, but a recent policy (not regulation) recommended by the FAA Associate Administrator for Aviation Safety, Mr. Ali Bahrami (head of the FAA Aviation Safety organization, “AVS”) seems targeted at reducing aviation safety by establishing significant impediments to a person who owns or flies a Restricted, Experimental or Primary category aircraft. Yes, that includes “homebuilts,” with a convoluted legal interpretation that could extend into flight instructing as a whole. Why, one must reasonably ask, would anyone wish to complicate and/or reduce the availably of flight instruction for the improvement of pilot skills and safety … especially with respect to the often specific characteristics of Limited or Experimental aircraft? Regrettably, Mr. Bahrami retired on July 1st of this year, as he and the Aviation Safety organization (AVS) have drawn heavy political and legal fire for events involving the Boeing 737 MAX. We may never know Mr. Bahrami’s motives. His temporary replacement, Deputy Associate Administrator for aviation safety, Mr. Christopher Rocheleau, will most likely sail the course set until a permanent Associate Administrator for Aviation Safety (typically, a political appointee) is selected. Hopeful, FAA Administrator Steve Dickson will step in and exercise levels of knowledge and common sense that will resolve the issues involved. But let’s hold up a minute, what is this all about and how did it happen. This July issue of In Flight USA has published a detailed article by AOPA on the events that have taken place. It is technically excellent, prepared by talented legal staff, with highly informative links. But allow this writer to quickly list the chain of events as viewed from a background of
flight instructing, direct involvement in the wonderful world of “homebuilts,” aviation experience that spans airlines, aerospace, and a tour of duty as a D.C. lobbyist. I am not a legal expert. The federalization of aviation in the United States took place with the passing of the Civil Aeronautics act of 1938, resulting in creation of the Civil Aeronautics Administration (CAA), direct predecessor of today’s FAA. The FAA came into being on Aug. 23, 1958, as a replacement for, but also continuation of CAA responsibilities and policies. Both of these agencies recognized the difference between flight instructing and “carriage of persons or property for compensation or hire” requiring an air carrier or commercial operator certificate. Specific regulations were defined for airlines and charter operations, often requiring an “Operations Specifications,” meaning an approved plan for doing business, sometimes more complicated than the regulations that required such a document. A student pilot was not considered a passenger, but is now referred to as, “a learner,” paying for the services of training. Payment for student flight instruction has consistently been characterized as payment for instruction and not for carrying a person or a passenger in an aircraft. This separation was, and is, important. Flight instruction may be received without the sometimes overwhelming regulations involved in common carriage, which is “holding out for hire.” The separation of “commercial operations” and “flight instruction” has been paramount to the U.S. becoming the aviation training leader of the world. The only caveat to this tradition came in the form of FAR 91.315, which prohibits the use of Limited (most often warbirds) or Experimental aircraft from “carrying persons or property for compensation or hire.” Additionally, flight instruction was only allowed in experimental aircraft for the purpose of make and model familiarization, but not primary certificate training. The bottom line, the owner of such an aircraft could hire a qualified CFI and train to a high level of competency and safety in their own aircraft. Beginning in 1998, the FAA appeared to (but did not provide public notice of any new policy or regulatory requirement) encourage individuals and flight schools providing for fee instruction in a Limited category Continued on Page 9
