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DPE interpretation of LODA

birddog486

Well Known Member
I've heard over the past 20 years of several people getting checkrides in Experimentals for PPL's and Instrument ratings but I'm confused by the wording used on the recent LODA paperwork.

I've been working on a CFI-I add-on and this first paragraph on the LODA has me questioning if this can be legally accomplished.

Anyone care to weigh in on this? Here's the first paragraph on my LODA:


A. The owner (or delegate) or authorized instructor listed at the bottom of this document is
authorized this Letter of Deviation Authority (LODA) in accordance with the provisions of Title
14 Code of Federal Regulations (CFR) Section 91.319(h) to the extent necessary to receive or
provide aircraft-specific training in an aircraft certificated in the experimental category in
accordance with the limitations and provisions of this LODA.
 
Your instructor needs a LODA so they can give training in a EAB aircraft.

Either the instructor, OR the owner of the EAB, must have the LODA in order for the EAB to be used for training where the instructor receives compensation.
To the OP: “aircraft specific training” refers to the owner LODA (the faa will combine both the owner LODA and the CFI LODA in one form, when both apply), and means training in the specific aircraft listed, one paragraph lower.
Edit: Also for the OP: wrt checkrides, the FARs essentially waive all the rules with regard to compensation, so this is all moot wrt a designated examiner. The FAA policy is to let individual examiners decide if they will give checkrides in an EAB.
 
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I think I understand but as as usual from the FAA it's clear as mud. My LODA doesn't reference any aircraft, only has my name at the end as the CFI
 
I think I understand but as as usual from the FAA it's clear as mud. My LODA doesn't reference any aircraft, only has my name at the end as the CFI

There is another version of the same thing that has the N number on it. Just shoot an email off as the "owner".
 
And as a CFI your LODA gives you the rights to instruct in any experimental that you are qualified in.
I would as being a CFI also most experimental are single engine land thereby under the FAA rule you could instruct in any of them. You might not meet insurance so thread gently. Assuming it is under 12,500 lbs and not a jet. This would present another LODA for every type rating aircraft.
Talking to others in the Atlanta Area you have to have the LODA or the aircraft owner has to have one but not both for you to instruct in his aircraft.

There is a sentence on the bottom of the LODA about advising you not to advertise you can do transition training but you could with the LODA issues to you a CFI.
Jack

The new issue is what is being presented that all instructors might in the short future have to have a second class medical to be compensated for their time.

What a full circle.
 
I have the exact wording in my LODA for a.
Then
B. Aircraft. A flight instructor is authorized to exercise the privileges of this LODA in any experimental aircraft for which he or she is qualified to provide flight training. The owner or operator is authorized to receive flight training in the following aircraft:

Table 1 – Aircraft
then my aircraft is listed in table 1.
 
The new issue is what is being presented that all instructors might in the short future have to have a second class medical to be compensated for their time.

What a full circle.

Except, basic med allows instructors to instruct, for hire. And basic med came directly from congress, which actually writes the laws. What a mess.
 
Yes you are correct as of now but the FAA according to AOPA is considering the change on medical requirements for CFI’s

I am currently a CFI on Basic Med.
thanks
It will just be another hoop to jump thru

Renewal every two year now
CFI
Basic Med on line and every 4 yrs at doctors office
Online UAS renewal plus now the TEAM course
LODA for now every 4 years

I am going to have to get a larger board to keep all this and the airplane stuff dead line posted🤔
 
I've heard over the past 20 years of several people getting checkrides in Experimentals for PPL's and Instrument ratings but I'm confused by the wording used on the recent LODA paperwork.

I've been working on a CFI-I add-on and this first paragraph on the LODA has me questioning if this can be legally accomplished.

Anyone care to weigh in on this? Here's the first paragraph on my LODA:


A. The owner (or delegate) or authorized instructor listed at the bottom of this document is
authorized this Letter of Deviation Authority (LODA) in accordance with the provisions of Title
14 Code of Federal Regulations (CFR) Section 91.319(h) to the extent necessary to receive or
provide aircraft-specific training in an aircraft certificated in the experimental category in
accordance with the limitations and provisions of this LODA.

I'm a DPE, and have been giving checkrides in EAB for years. By order, a DPE is not giving instruction so he/she doesn't need a LODA.
 
Assuming you are asking about the DPE and not the CFI. No LODA is required for a check ride. DPE's are excluded from pretty much all the limitations related to instructing, including compensation issues. I confirmed all of this a couple of weeks ago in prep for my son's PPL checkride in our 6A.
 
Assuming you are asking about the DPE and not the CFI. No LODA is required for a check ride. DPE's are excluded from pretty much all the limitations related to instructing, including compensation issues. I confirmed all of this a couple of weeks ago in prep for my son's PPL checkride in our 6A.

Is your Son listed as an owner on the-6? I ask because a friend of mine is looking at buying a 7a, and his daughter wants to take lessons in it. I am under the impression that only an owner can receive instruction in an eab, so he’s going to put the plane under her name.
 
Is your Son listed as an owner on the-6? I ask because a friend of mine is looking at buying a 7a, and his daughter wants to take lessons in it. I am under the impression that only an owner can receive instruction in an eab, so he’s going to put the plane under her name.

I can look at my LODA tomorrow to make sure, but I believe it says something along the lines of owner, operator or delegate can receive flight instruction...
 
Is your Son listed as an owner on the-6? I ask because a friend of mine is looking at buying a 7a, and his daughter wants to take lessons in it. I am under the impression that only an owner can receive instruction in an eab, so he’s going to put the plane under her name.

Don’t go overboard here. The issue is compensation. As long as the owner allows his daughter to use the plane without charge of any kind, there is no issue.
 
Don’t go overboard here. The issue is compensation. As long as the owner allows his daughter to use the plane without charge of any kind, there is no issue.

This the interpretation that I settled on. I remain convinced that the FAA is not trying to limit compensated instruction in EAB for owners and delegates (the language used in the LODA) that are not compensating the owner. What they are trying to eliminate is owners charging others to use their EAB plane for receiving instruction, typically by burying that compensation into the instruction fee. As long as the owner is financially separated from the instructor and the owner is not charging the student, I don't think you will have issues.
 
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