Night flying in experimentals

[Robin8er]

How do people go about getting permission to fly at night? I have the required lights installed, but the FAA inspector that inspected my plane pointed out that FAR 91.319 states:

"(d) Each person operating an aircraft that has an experimental certificate shall -

(1) Advise each person carried of the experimental nature of the aircraft;

(2) Operate under VFR, day only, unless otherwise specifically authorized by the Administrator..."

There is nothing in my operating limitations that specifically prohibits night flying, but it does state I have to comply with FAR 91.319.

I guess I have the same question about flying experimental airplanes IFR, however I don't intend to do that. The inspector, while helpful, was very obviously not willing to negotiate limitations in the regs so I didn't press him about it.

[rv7boy]

Hopefully Mel or Vic Syracuse will see this and provide an answer. Or you could PM Mel and Vic and get an answer quickly.

I believe this has been discussed before but my quick search did not reveal it.

[RWoodard]

I think most people have language in their operating limitations that basically says you?re limited to Day VFR **UNLESS** you?re properly equipped for Night VFR and/or IFR flight and have the minimum requirements under 91.205.

I think the Operating Limitations for your aircraft as issued by a DAR satisfy the ?unless authorized by the administrator? portion of the regulation you quoted.

I know that there must be a standard set of Operating Limitations because I?ve owned several experimentals certified by various DARs around the country and the documents are basically identical. I don?t know if DARs are legally bound to follow the standard provisions or if they have leeway to modify.

I?m sure one of our resident DARs will be along tomorrow morning to offer guidance and edification!

[N520TX]

The oplims on my RV10 have the same phrase about day VFR only. They were issued in Oct 2016 direct by the SA FSDO. I asked about this, and he responded that once phase 1 was complete, send some photos of the lighting and a request to them and they will remove the limit and re-issue the oplims.

--Ron

[vic syracuse]

You didn't mention when you received your operating limitations. The last few Orders allow night and IFR if properly equipped after completion of Phase I.

Here is the exact wording form Order 8130.2J. BTW, you can always ask for new Operating Limitations from the FSDO. But, also bear in mind that the DAR and/or FSDO inspector does have the authority to tighten the limitations, but never relax them.

22. Night flight operations are authorized if the instruments specified in ? 91.205(c) are installed, operational, and maintained per the applicable requirements of part 91. (48)

23. Instrument flight operations are authorized if the instruments specified in ? 91.205(d) are installed, operational, compliant with the performance requirements of, and maintained per the applicable regulations. All maintenance or inspection of this equipment must be recorded in the aircraft maintenance records and include the following items: Date, work performed, and name and certificate number of the person returning the aircraft to service. (49)