Netheads:

In today's EAA Experimenter magazine (email and online, for free, in case you 
don't get it, and Pat Panzera's the editor), among other interesting things 
they mentioned that a weight and balance  sheet was not necessarily required in 
experimentals.  There was a link to an FAQ that was full of interesting stuff 
(http://www.eaa.org/experimenter/qa/default.asp).  But the next to last answer 
was news to me.   I'm not soliciting a bunch of "that's a really bad idea" 
posts or anything like that, but thought it was worthy of passing on to the 
group.  It goes like this:

Q: I?ve just finished building my Pietenpol, which is an experimental 
amateur-built aircraft that meets the LSA definition. I?m ready to begin the 
phase-one flight testing. I?m a student pilot working toward my sport pilot 
certificate and I don?t hold a current medical. Is it legal for me to do the 
flight testing as a student pilot? Can a student pilot fly an experimental 
aircraft at all?

A: Let?s take the second part of your question first. There is no regulatory 
prohibition on a student pilot (sport pilot or otherwise) flying an 
experimental aircraft. Pilot requirements, privileges, and limitations are 
found in 14 CFR Part 61, and student pilot privileges and limitations are 
specifically found in subpart C. There is no specific limitation in that 
section prohibiting a student pilot from flying an aircraft with an 
experimental airworthiness certificate.

Now let?s look at the first part of your question regarding a student pilot 
(sport pilot or otherwise) flying an experimental aircraft during flight 
testing. Certification requirements for the pilot in command of an experimental 
aircraft are not found in the FAA regulations themselves but rather in the 
operating limitations of the individual aircraft. These operating limitations 
are issued by the FAA as a part of the aircraft?s airworthiness certificate and 
will vary depending on exactly what type of airworthiness certificate the 
aircraft holds. For an amateur-built aircraft such as your Pietenpol, the 
operating limitations will contain the following statement:

?The pilot in command of this aircraft must hold a pilot certificate or an 
authorized instructor?s logbook endorsement. The pilot in command must meet the 
requirements of ยง 61.31(e), (f), (g), (h), (i), and (j) as appropriate.?

Note that the pilot may hold a pilot certificate (which would include sport 
pilot) or an authorized instructor?s endorsement. This would open the door for 
a properly endorsed student pilot (including a sport pilot student) to fly the 
aircraft. The limitation makes no distinction between phase-one flight testing 
and phase-two normal operations. This limitation is in place for all 
operations. The limitation does go on to require any appropriate endorsements 
called out by 14 CFR 61.31(e) though (j). The most common of these endorsements 
are for tailwheel aircraft, high-performance aircraft, and complex aircraft. 
The only endorsement applicable to the Pietenpol would be the tailwheel 
endorsement, so the instructor would have to endorse the student appropriately 
before allowing him or her to solo a tailwheel aircraft as well as give the 
standard solo endorsement in order to be in compliance with this operating 
limitation.

Remember that, if the student seeks to solo an aircraft that does not meet the 
definition of a light-sport aircraft he/she would also need to hold a 3rd class 
FAA medical certificate.  This would be the case whether the aircraft holds a 
standard or special (such as experimental) airworthiness certificate.

The question you did not ask, but one I will answer anyway, is whether it is 
smart for a student pilot to perform the flight testing on an experimental 
aircraft. This is the most important question, and the answer is, no, it is not 
a good idea for a student pilot to perform flight testing on a new 
amateur-built aircraft.

The purpose of flight testing is to verify the aircraft?s handling 
characteristics and make sure it does not have any issues that would affect the 
safety of flight. Flight testing a new aircraft should be left to experienced 
pilots who are familiar with the normal handling characteristics of the 
aircraft being tested and are prepared to handle possible emergency situations 
that might arise. A student pilot does not have the background and experience 
to identify abnormal handling characteristics and may not be prepared to handle 
an emergency situation if one should present itself. So while it may be 
technically legal for a student pilot (sport pilot or otherwise) to fly an 
aircraft during the initial flight-test period, I strongly discourage this. 
Find an appropriate test pilot to perform the flight tests on the aircraft, 
then find a qualified instructor to check you out in the aircraft after it has 
been tested.

-----------------------------------

Like I said, check out http://www.eaa.org/experimenter/qa/default.asp for more 
interesting stuff that might shed some light on things...

Mark Langford
N56ML "at" hiwaay.net
website at http://www.N56ML.com 
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