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The LODA Process for

Gyro p lan es, Powe red

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Parachutes, Trikes and

U

ltral ig hts Exp lained

Tl'rat is a very significant point.

Background
Obtaining training in gyroplanes, weight shift control tril<es, powered parachutes and even ultralight-style airplanes has always been difficult because there have never been enough pilots willing to dedicate the time and effort to become fligl'rt instructors. Since the sport pilot rule became the law of the land, instructors have become even more scarce. Nevertheless, a portion of the instructors in the sport took the knowledge tests, took their practical examinations and became FAA Certificated Flight Instructors. They also transitioned their training aircraft into N-numbered aircraft by applying for N-numbers, meeting FAA standards, and passing FAA airworthiness inspections. Unfortunately, in the last couple ofyears even those instrucFAA prohibitions on trainir-rg in experimental aircraft. The same aircraft that were OK to train in as exentpted aircraft, the very same aircraft that were OK to train in as fronslfioned experimenfal aircraft, were all of the sudden prohibited from being used for flight instruction for hire. The already paltry ranks offlight instructors -confronted with this ur-rfunded government mandate to spend tens

In fact the same regulation, $91.3.1 9, goes on to describe circumstances under which training for hire (and charging for the aircraft) in experimental aircraft can be cor.rducted. One of those provisions is $91.319(h), which states, (h)The FAA may issue devistion authority providing relief front the provisions ofparagraph (a) ofthis sectionfor the purpose of
conducting

flight training.

The FAA

will

issue this deviotion

authority as s letter of deviation authority. (1) The FAA may cancel or amend a letter of deviation au-

tlrcrily al any lime.

(2)

tors have become scarcer because of

An applicant ntust subntit a request for deviation suthority to the FM ot lesst 60 days before the date ofintended operations. A reEtest for devistion authority ntust contoin a complete description ofthe proposed operation and justificqtion that establishes a level of safety equivalent to that provided under the regulations for the
deviatiort requested.

of thousands of dollars in order to continue training- simply

left the industry. The result has been a disaster for both the sport and for potential pilots seeking safe instruction. Safety has in effect been set back and accidents have not decreased because of the sport pilot rr,rles; instead they seem to have
increased.

The provisions for this Letter of Deviation Autl-rority (LODA) have been part of the regulations since July 27 ,2004, when the sport pilot regulations were introduced. However, a provision being in tl-re regulations is not enough in the FAA's world. Even though the FAA has provided for LODAs for as long as the sport pilot rules l-rave been in place, they haven't until recently issued adequate instructior-rs to their own Flight Standards District Offices explaining how flight instructors could apply

The Rules
FAA regr,rlations don't forbid flight training in experimental aircraft. That is a common misconception. What $91.319(a) does say is that, (a) No person may operate an aircraft thst has an experimentol

for LODAs. At first, this lack of action on the part of the

certifrcate-

(1) (2)

For other thsn the purpose

issued: or

for which the certificate was for

contpensation or hire.

FAA hurt mostly the gyroplane community. That community has long been building experimental-amateur built gyroplanes and having to instruct in them because there were r-ro viable alternatives. Tl'rey were doing that instrr,rction under an exemption to 591 .319 that was issued to the Popular Rotorcraft Association. That little-l<nown training exemption went away around the same time that tl're ultralight training exemptions went away and left a lot of gyroplane instructors (and their students) high

Carrying persons or property

and dry.

But the real crunch came inJanuary 20.10 when all of the transitionecl Experimental Light Sport Aircraft uainers could no longer be used for flight instruction' That was a regulatory built-in date that the FAA, flight instructors, and the alphabet and organizations were well aware of, In fact in 2009, the EAA were both pointing out to the FAA that a problem was
USUA

Nevertheless, we now have LODA guidance that is viable for certain sorts of fligl'rt training. It partially undoes the damage caused by the FAAs failure in 2009' What we will do now is

walk through critical points in the guidance so that you can both understand it and be able to apply for a LODA yourself you are a flight instructor.

if

get to work on the horizon and that the FAA would have to providing acceptable LODA guidance to their inspectors in on order to avert a wholesale loss of practicing flight instructors' And late in 2009, a solution was due to be published' There light were assurances that there would be a proper pathway for to continue to instruct' Unfortunately' someinstructors sport

Overview

oneorsomeofficewithintheFAAworkedtosabotagetlrenew

guidance and it was never published in a form that was useful' in Finally, in 2011, we have the guidance that was promised intervening time has been destructive and many ZOOS. fhe is instructors have sold their equipment in the meantime' That point since the FAA requires in this guidance tl'rat an important instructors foi sport pilot training can only use equipment that they owned in 2010 when the FAA had already ruined chances

The complete LODA guidance can be accessed on the internet. It is part of the Flight Standards lnformation System (FSIMS) and the current one as of this writing includes Change iss. (No kidding) We are concerned with Volume 3, Chapter In 11,,,tJse 0f Aircraft lssued Experin'rentsl Airworthiness Certif;cates 0r Hire". Flight lnstruction For Compensation

It includes three main

ParagraPhs:

for a smooth transition.

3-291 Background 3-292 Flight Tiaining In Experi mental Aircraft 3-293 lssuance of a LODA for the Purpose of Conducting Flight Training Under S91.319(h) We have already covered a lot of the background material' but of course there is more in 3-291 . Where we are going to start is with the second paragraph, 3-291' Here it is:

3-292FLIGHTTRAININGINEXPERIMENTALAIRCRAFT.
may receive, and Use of Experimental Aircraft for Flight Training. Persons experimental certificate issued provide compensatiori for, flight training in an aircraft holding an receiving flight training, the for any of the purposes speciied in $ z t-. t o t . other than the person or hire or be op.ruiion -.rrt not involve the carriage of persons or property for compensation piohibited by the aircraft's operating limitations'

A.

may receive compensation for providing flight for the use of the aircraft training in an Jxperimental aircrafl,but may not receive compensation a LODA issued under in whiJh they pr-ovide that flight training unless in accordance with in paragr aph 3-293. An experimental aircraft owner may not rent an $ 91.3 19(h) and as described LSA to a person for the pulpose of conducting solo flight'

B. Flight lnstructors. Flight instructors

.*p.rm#al

Owners of experimental aircraft may receive, and owner of an experimental provide compensation for, flight training received in their aircraft. An provide flight training to aircraftmay not receive comiensation fir the use of their aircraft 91.3 19(h) and described in paragraph 3-293 ' except in accordance with u iooe issued under $ to a person for the An owner of an experimental LSA may not lent the experimental LSA purpose of conducting solo flights'

C. Experimental Aircraft Owners.

The FAA does not require flight instructors, pilot airctaft' The decision examiners, and aviation safety inspectors (ASD to fly in experimental an experimental aircraft is left to in whether or not to provide night training oi conduct a check individual' the discretion and judgment of the

D. Flight in Experimental Aircraft.

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The lmportance of 3-292

It is important to review 3-292 before )'ou get too far into the LODA process because your training operation may not really require a LODA in the first place. Here's rvhl'. 3-292lays out some basic guidelines about training in experimental aircraft. Paragraph A confirms that people may receive and provide compensation for flight training in an experimental aircraft. It does not limit the ownership of the aircraft to the student as some people assume. Paragraph B confirms that flight instructors may receive compensation for flight training in an experimental aircraft. The big limitation in Paragraph B is that it also confirms that an experimental aircraft may not be compensated for unless the instructor is working with a LODA. That simply means that you can not charge for the aircraft unless you are operating under a LODA. I(eep in mind that even under a LODA, an instructor can not rent an aircraft for a student's solo flight. However, if your training policy is to provide the aircraft for free for both flight training and solo requirements, then it would appear that it is allowed under this policy with or without a LODA. If this is a way you would like to go as an instructor, consistency is going to be your best policy. The way it would work is that whatever you charge for flight training, the aircraft is free. Period. That means that you should not offer 'discounts' or a separate training rate for students providing their own airoaft. Or if you have a standard category or an SLSA as well as an experimental aircraft, your pricing for training should be consistent with both. That means all of your aircraft are provided rent free for training and solo work. That can make this approach very unattractive for many flight instructors. At the same time it could be just the thing for a one-instructor opera-

tion, which most sport operations are. But you should discuss the method with an aviation attorney before you plrt it into practice since it is not a common approach to the issue. Paragraph C focuses on experimental aircraft owners, It says that if you own your own experimental aircraft, you can pay someone to provide you with flight instruction in your aircraft. It also says that an aircraft owner can't rent their aircraft out for flight training unless it is done under the auspices of a LODA. Even then, tl're aircraft can't be rented for solo flight. Paragraph Djust says that no one can require an instructor to instruct in a particular experimental aircraft. This is an important safety (and common sense) point.

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Procedures for Getting a LODA

3-293 lays out the specific guidance for getting a LODA. The section is geared towards Flight Standards Service (AFS) field inspectors, the men and women you find staffing your local, neighborhood Flight Standards District Office (FSDO). The guidance tells the field inspectors what kind of training operations can get LODAs, what a LODA application should include, what the limitations should be on a specific LODA and finally, what kind of standardized system the inspector should use to issue the LODA. A lot of the information in that guidance is very useful to a flight instructor actually applying for a LODA. It makes sense that if you know what the inspector is looking for, then you can make sure it is part of your application package. The procedures aren't just for sport aviation. In fact LODAs
are very important for much of the warbird, high performance,

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and other kinds of experimental aircaft. But for our purposes, we're going to try to focus on what matters most in the aviation world, our l<ind of flying!

drri"Tk.** f^".#ff
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2 Skyway Dr Scappoose, OR 97056 (s03)543-7OOO

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wwwspottapt$,sam

nformation @sportcopter.com

Who Gan Get a LODA and for What? Aviation a lot of time explaining to

il;;to."ce spends be issued for' That t"f"it i*o"..rs (ASls) what LoDAs can contorted' especially

particutarly makes sone of the guidanle is concerned' *ll"r" ,Por, aviation ""'i'nt"".t'"aining' The FAA doesn't want to. pernit flight "towsrd the issuance of a pilot certificate' ,.ui,'ti-ng ,"hu, leads means any training towards operatirtg p'iuitr:S:l."' That

allows, for gyroplane exception for primary training which means that the LOD] 1?:: ,ru"ining ui u,'ty ancl ail levels' gyroplane communrty' . gr".,':"f, oimeeting the needs of the towards a sport pilot certificate The other exception is training will see s^oon' the guidance is or operating privilege' But as lou sport aviation ;;;;;;;V ;t'clea. ir helpful ior the rest of the sport aviation gives details o1*" ;;t"t*tt*t The table bel'ow allows LoDAs to be issued for'
Or-re

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FAA

rating, or endorsement or training toanything as simple u' u tlil*ll""I Fortunately this version of wards a powered parachute license' t;*" exceptions.' Earlier versions of

ThetableshowsseveraldifferentpurposesforaLODAthat instructors ar-rd it is recommendapply to nany sport uuitiion

Eaih of the purposes

the orcler does proviclJ i;; there and that made the LODA the LODA order left ttrings rigttt virtually useless for sport aviation'

an instructor', purtitutu,. op"'utio'-'' qualify for one pur.i",t", *fttat means if an instructor doesn't qualify for one or she doesn't pose, it does not nrean that l-re or

purposes that apply to that cFls request each one ofthese stand

more other PulPoses'

ExPlanation For: Wtrat t-OOAs Gan Be lssued ol a Fliqht training lor the operation maki and model ol exPerispicitic
mental aitcralt.

Training lor the opetation ol ultralight vehicles.

lo customer' it is good l0r the custgmer tt company sells an aircrait kit to be is a big purpsse lor LSDAs. This is that the.student alreadv has in'ir,uiroi.i ir ro oet some rransirion ,ruinini is alteady an airplane single io, example, ir to*.on. uuvt uliitt tno rarid lor that category or uirl",uit. p"pott' Althoush limited' nearlv tiile tiansition enqine land pilor, rhey .un,igri'ihri, with this purpose. ui*uft ,un apply tor a L0DA used to lor the same kind ol aircralt that to tne tisi ot puiposes..This works This has recently been added pitot still needs to be a GFI ol

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a speTraininq lor a llighileview in and model ol expstimental iiri,

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ooerale under rhe uftarigniexempiion, pltpotd are the low'mass' high'dtag n, opiiut.o unoei'iilit ioon and rhe onty ui,r,ulinui'r'r cburse spee! in level lliqht with maximum thin soo pounos uto . aircratt with an empty *rigni';r, (too mp6') The purpose is not B;'K;oir cliinia.o nitip..i ixCnsj conrinuous power (vH) rrr'Jr# parachutel and ttikes may all apply' cateqory specilic ,o ui'pfuntt' airplane and gets com' purpoi, lisl;d. ff a.pilot purchises a Quicksilver , This is ctosety related to the lirsi same kind ol airylane' in that pirrrr g.ttid tiltitliiqht , tortable flying il, tnar pirorwourd i-iiliirl| 'enie* aircraft'

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aircralt. tatfraining tor a rotorcralt gyroplane ceililicate. ing or

This purpose anows cFrs

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lt still does not llvouareagyroplaneinstructor,thisdoesnearlyeverythingyouwantittod-o..foucanprovideprimary irurr urd ;it;;;; itilhe use ol vour svroplane' triininq t01 srudent pitob il;;;';;iiirirut. requirements' gyrrpdlii i ituoenr so ilra1 tnry tun meet their solo
allow you to renr your

contusing. cil,r rin f*uirle or , The FAA made this one Tiaining lot a Sport Pilot Certilicate prii'i'r'ege,'bui unine nir om.t i care 0r LSA operating opetating Privilege' i list ol conditions. TheY

training towards the

i::!ay
the

ol a sport Pilot certilia long

p*potltloiiioon'

air$aft has to meet

rel

experimenlal certilicate under s21'191{ixl)' , . The airfiait has to have been issued an to btsl trom belore 2008' , onlv ultralight tt.inti*inuiitu*itioneO ol this training in the available . There can't be an ELSA 0r standard categ0ry airfialtarea' lor the conduct I ;iili iianuaru Dislricl0llice's tFS00) seosmphic the person providing ihe tmining training mu{_have been owned by , . The aircralt used to prouide thethat p.oon rurinru. n*n ipptopriateiy certilicated ot otherwise prior to January
auihorized ro

That means

er,loro

, . ,

by Other specilic training approved -Ottittaf and Commercial Aviation ttt

Division, AFS-800.

be duration ol 24 months and will this training.will have a maximum L00As lor persons conducting the FSDO's responsibility' timited m he geograptric atei o{ tor sport pilot trainins at its discretion' FSD0s may terminate a L0DA pila"!:*''!' :, nuch the FAAseem$ f0 dlstike spgrt You justhave to wonder at how the cFl can ask AFS-810 not lit rhe f urf oses.anwe' rnii is the catch-att category. ll a cFl's trainins 10.:: gyioilunt instructors were specilically tor the training operation'"s'eioi, to authorize a specitic t-oiin is how thev received theit L0DAs' die botictt, that

p'ou'i'

and tnut training prior to January

31

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Applying for a LODA

Putting together a LODA application package does not have

to be that involved, but it does have to contain some critical elements. Primarily, the ASI is going to be looking for the documentation that shows that the CFI has the tools to provide the
training the instructor is requesting a LODA for. An applicant should be ready to provide the following:
Deviation Request Letter . Tiaining Course Outline . Copies of the following documents for the aircraft to be used for training: . Registration Certificate . Airworthiness Certificate . Operating Limitations . Copies of Instructor Certificate and applicable sport pilot logbook endorsements The FSDO review of the training program(s) will be looking for: . A description of each type of audiovisual aid, mockup, chart, aircraft component, and other special training aids used in any associated ground training (if applicable) . A description ofany special equipment used for each

LESSON OBJECTIVE
The student will learn to control lor wind drift.

COMPLETION STANDARDS
The sludent will demonstrate the ability to consistently control for wind drift in a safe and effective manner within a specified limit ol heading, altitude, and airspeed.

SCHEDULE {Ll Prellight

Discussion Practice Critique

:15 :45

{ Ll $
CONTENT
Preflight Discussion:
9.1

lnstructor Demonstrations :15 Student

Postflight :15

Lesson objective and completion standards Weather analysis Heading

a! Normal checklist procedures

h.r

a
a d

Speed Angle of bank

al Altitude
Terrain Wind direction plus velocity

phase oftraining The qualifications and ratings for each instructor providing flight training or ground training. Of course flight instruc-

Aerodynamics Demonstration i. Turns around a point ii. S-turns across a road

Critique student performance, preview next lesson, and give study assignment

tors must hold a flight instructor certificate appropriate to the flight training to be conducted or be otherwise authorized to conduct flight training in the specific aircraft. A training outline that includes the following information: . The prerequisites for persons receiving ground and flight training, to include minimum pilot certificate, ratings, endorsements (for example, tailwheel)

Example ol a traditional training lesson plan lrom the FAAs Aviation lnstructor's Handbook with additional inlormation required lor a L0DA application

. .

training, experience, and knowledge requirements. Normally for ultralight training, gyroplane training or sport pilot training, the answer is 'None." A description of each unit of instruction, including the objectives, standards, and planned time for completion The expected accomplishments and the standards for

each stage oftraining. Ifthe application package and training program are acceptable, the FSDO will review the experimental aircraft's operating limitations to ensure that the proposed training will not be contrary to any limitation other than those for

which relief is granted under the LODA. An applicant may also request that the operating limitations for the aircraft intended to be used for flight training be amended to conform to the relief provided by the LODA. Aircraft not inspected in accordance with an FAA-approved inspection program must have an operating limitation requiring a condition inspection within the preceding 100 hours of time in service.

If you are a USUA member and would like assistance in putting together a LODA package, please contact the USUA office at (717) 339-0200. People have successfully applied for LODAs and if you would like to provide the critical service of flight training, we want to help you succeed. Many thanks to Greg Gremminger, who has worked for LODAs for the gyroplane community, and to David Oord of the EAA for working on the ELSA and ultralight LODA issues. lt is clear that without their help and assistance we would not have the LODA order we have today. Also thanl<s to the folks in AFS 800, the FAA staffers in Washington, DC who provide the LODA guidance. The current guidance was late coming and is not perfect, but it is certainly a step in the right direction. There is hope that they will con-

tinue to work with the sport aviation community to improve access to both ultralight and light sport instructors. It is more than about the 'industry.' It is about individual flight instructors who have made a commitment to train fellow pilots as well as those pilots wanting to learn to take to the skies safely.