The new LODA seems to authorize instruction for hire. What about designated pilot examiners? Can they be paid for giving practical tests in an EAB? I think they all hold a cfi. Is a practical test ‘instruction’?
The new LODA seems to authorize instruction for hire. What about designated pilot examiners? Can they be paid for giving practical tests in an EAB? I think they all hold a cfi. Is a practical test ‘instruction’?
EAA INFO:
Question:
What about DPEs? Do I need a LODA to get a practical test in my Experimental/Limited/Primary Category aircraft?
Answer:
DPEs act as a representative of the Administrator during practical tests, and are explicitly exempt from any limitation on carriage of persons or property for compensation or hire per 14 CFR 61.47(c).
source: https://www.eaa.org/eaa/news-and-publications/eaa-news-and-aviation-news/news/07-13-2021-experimental-limited-and-primary-category-aircraft-flight-training-faqs
My understanding is that if you are paying a DPE for his evaluation, and no compensation is exchanged for use of the aircraft or arcraft expenses, you are well inside the rules.
IMHO Carlos, above, posted the correct answer. Your argument is the one which the court specifically rejected.
In this case, it's a difference without a distinction, perhaps.
I'm interested though. Please show me where the court rejected the fact that flight evaluation by a DPE does not constitute flight training.
And they are not being compensated to fly.
Are we *sure*? Based on other threads about FAA interpretations, if they log it or record the exam or use it on their resume or annual performance review (if they are FAA employees), etc., etc., then they ARE being compensated, right?
The court said nothing about DPEs because, as Carlo pointed out (and I had forgotten), FAR 61.47(c) specifically exempts them from any of the rules in question.
The basic ruling boils down to this: The old interpretation of the rules, endorsed by the faa, was ‘the owner could not be compensated for the use of the airplane’. The new interpretation, which the faa now says is correct, is ‘no one may be compensated for anything in which the airplane is involved’.