FAA Tweaks Instructor Rules, Eliminates LODA Requirements

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 which 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.


This is a companion discussion topic for the original entry at https://www.avweb.com/aviation-news/faa-updates-instructor-rules-eliminates-loda-requirements

“Look at all the hard work we put into fixing problems we made for ourselves”
– The Federal Aviation Administration

'Bout time! Should have been done years ago.

The question of neither CFI nor trainee being “passengers” with respect to each other and the 61.57 passenger landing currency rules was addressed almost twenty years ago by the Kortokrax interpretation. I guess this move is in response to the current Supreme Court’s evisceration of the past Supreme Court Chevron deference decision. Now all those interpretations must be written into regulations or any knuckle-headed Federal judge will be able to keep the FAA from enforcing their own safety rules.

Are you sure that’s how the night currency regs are worded? I think “persons” is more restrictive than “passengers” and includes instructors and those who are not night-qualified. From the way I read it, you now need at least one night qualified pilot acting as PIC.

Navigating regulatory legal jargon is difficult to me. With the help of OpenAI, the following summary simplifies the FAA’s Final Rule of October 2, 2024, offering clear, easier to understand insights for pilots, instructors, and aviation organizations. Below, we highlight key changes and the previous restrictions they address in layman’s terms and regulation references.

Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges
14 CFR Parts 1, 11, 61, and 91
Final Rule by the Federal Aviation Administration on 10/02/2024


#1: Flight Time Logging for Public Aircraft Operations (PAO)
Regulation Reference: 14 CFR § 61.51(j)
What Changed:
• Pilots conducting public missions like firefighting, law enforcement, or forestry can now log their flight hours towards FAA certifications.
• Second-in-command (SIC) flight time can also be logged under specific circumstances, such as flying large aircraft or turbojet-powered planes.
Previous Restriction:
• Logging flight time for public missions was only allowed for law enforcement operations. Other public service flights like firefighting weren’t eligible.
• SIC flight time logging was limited and didn’t cover these public aircraft missions, leaving pilots without credit for their experience.


#2: Training in Special Aircraft (Experimental or Limited Category)
Regulation Reference: 14 CFR §§ 91.315, 91.319, and 91.325
What Changed:
• Pilots can now conduct flight training, testing, and checking in these aircraft without needing a special Letter of Deviation Authority (LODA) from the FAA, provided specific conditions are met.
Previous Restriction:
• A LODA was required for any training in these aircraft, creating delays and bureaucratic obstacles.
• Training for hire in such aircraft was outright prohibited without LODA or special exemptions.


#3: Expanded Instructor Privileges
Regulation Reference: 14 CFR §§ 61.193 and 61.413
What Changed:
• Flight instructors can now conduct elective or specialized training (e.g., aerobatics, mountain flying) aimed at improving skills for certificated pilots.
• Includes activities that aren’t required for FAA certifications but are valuable for safety and pilot advancement.
• Instructors can also perform certain checking events, like proficiency checks, in addition to issuing endorsements.
Previous Restriction:
• Instructors’ privileges were narrowly defined, often excluding elective training that didn’t directly relate to obtaining a certification.
• This discouraged offering advanced skill-building activities that improve safety, even when they were in high demand.


#4: New Definitions and Clarifications (Passenger Definition)
Regulation Reference: 14 CFR § 61.1(b)
What Changed:
• Clarified that flight instructors and students are not considered “passengers” when training, testing, or checking on board.
• This makes it easier for instructors and students to conduct such flights without triggering passenger-carrying regulations.
Previous Restriction:
• Instructors and students were sometimes classified as passengers, requiring pilots to meet stricter regulations for carrying passengers, like recency requirements. This created confusion and limited training opportunities.


#5: Exceptions to Recent Flight Experience for Pilot-in-Command (PIC)
Regulation Reference: 14 CFR § 61.57(e)
What Changed:
• Pilots can now act as PIC during training flights with an instructor, even if they haven’t met the recent flight experience requirements for carrying passengers.
• This allows pilots to regain recent flight experience more easily.
Previous Restriction:
• Pilots without recent flight experience (like takeoffs and landings) couldn’t act as PIC during training, requiring them to meet those requirements first. This limited training flexibility.


#6: Changes for Experimental Light-Sport Aircraft (ELSA)
Regulation Reference: 14 CFR § 91.319(e)
What Changed:
• Removed restrictions that previously limited training in experimental light-sport aircraft (ELSA).
• Training, testing, and checking in ELSAs are now explicitly permitted under broader rules for experimental aircraft.
Previous Restriction:
• Training in ELSAs was restricted to certain dates or required exemptions, which limited training opportunities for these aircraft types.


#7: Cost and Safety Impact
Regulation Reference: 14 CFR Parts 1, 11, 61, and 91 (various sections)
What Changed:
• The rule reduces administrative costs by eliminating LODA requirements and streamlining processes for specialized training.
• It enhances safety by expanding access to advanced and specialized training.
Previous Restriction:
• The LODA requirement and other administrative barriers increased costs and reduced access to training, potentially limiting safety enhancements.

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