Instruction in Experimental Aircraft

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Re: Instruction in Experimental Aircraft

Postby GordonTurner » Wed Jul 14, 2021 3:45 pm

I got mine last night as well. Via email.

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Re: Instruction in Experimental Aircraft

Postby Sonex1517 » Wed Jul 14, 2021 5:26 pm

Fastcapy wrote:Holy crap Robbie. I can't believe it was that quick!


Yeah, I was pleasantly surprised! I have to say that every interaction I have had with the Greater Chicago FSDO (formerly DuPage FSDO) has been excellent.

The LODA was another example of that.
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Re: Instruction in Experimental Aircraft

Postby Sonerai13 » Thu Jul 15, 2021 10:18 am

I got mine yesterday, from MKE FSDO. Also, EAA got one that covers all the airplanes in the EAA Employee Flying Club fleet. Seems like the process is working very well. That might be a first for the FAA!
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Re: Instruction in Experimental Aircraft

Postby DCASonex » Fri Jul 16, 2021 8:07 am

Glad you got your LODA, but any instructor may also need one issued specifically for your plane. Not liking the looks of this:

https://www.aopa.org/news-and-media/all ... dium=email

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Re: Instruction in Experimental Aircraft

Postby DCASonex » Fri Jul 16, 2021 8:30 am

Does A CFI giving a biannual flight review in an owners experimental count as instruction requiring a LODA ?

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Re: Instruction in Experimental Aircraft

Postby Rynoth » Fri Jul 16, 2021 10:24 am

DCASonex wrote:Does A CFI giving a biannual flight review in an owners experimental count as instruction requiring a LODA ?

David A.


Someone correct me if I'm wrong, but I don't think that the LODA is actually required for instruction per se. It's required for basically any scenario where compensation is involved, including compensated instruction. I.E. the biannual can be performed without a LODA if there's no compensation.
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Re: Instruction in Experimental Aircraft

Postby Fastcapy » Fri Jul 16, 2021 10:31 am

The FAA has already started enforcement actions against instructors doing "free" instruction.

From AOPA:

"FAA prosecutors quoted FAA Advisory Circular 61-142, “defining ‘compensation’ as the receipt of anything of value that is contingent on the pilot operating the aircraft… [it] does not require a profit, profit motive, or actual payment of funds. … accumulation of flight time and goodwill in the form of expected future economic benefits can be considered compensation. Furthermore, the pilot does not have to be the party receiving the compensation; compensation occurs even if a third party receives a benefit as a result of the flight.”
The FAA alleged volunteer instructors received compensation by “accumulating flight time” and “generating goodwill.” In other words, the FAA believes giving away your time and talent equates to compensation."
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Re: Instruction in Experimental Aircraft

Postby Sonerai13 » Fri Jul 16, 2021 3:39 pm

DCASonex wrote:Glad you got your LODA, but any instructor may also need one issued specifically for your plane. Not liking the looks of this:

https://www.aopa.org/news-and-media/all ... dium=email


AOPA is incorrect, which doesn't surprise me given the fact that they are often incorrect when it comes to experimental aircraft issues. If the aircraft has a LODA, the instructor doesn't need one. If the instructor has one, the aircraft doesn't need one.
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Re: Instruction in Experimental Aircraft

Postby Sonerai13 » Fri Jul 16, 2021 3:39 pm

DCASonex wrote:Does A CFI giving a biannual flight review in an owners experimental count as instruction requiring a LODA ?


Yes.
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Re: Instruction in Experimental Aircraft

Postby Sonerai13 » Fri Jul 16, 2021 3:47 pm

Fastcapy wrote:"FAA prosecutors quoted FAA Advisory Circular 61-142, “defining ‘compensation’ as the receipt of anything of value that is contingent on the pilot operating the aircraft… [it] does not require a profit, profit motive, or actual payment of funds. … accumulation of flight time and goodwill in the form of expected future economic benefits can be considered compensation. Furthermore, the pilot does not have to be the party receiving the compensation; compensation occurs even if a third party receives a benefit as a result of the flight.”
The FAA alleged volunteer instructors received compensation by “accumulating flight time” and “generating goodwill.” In other words, the FAA believes giving away your time and talent equates to compensation."


This gets interesting. I bolded the words above so as to point out the word "CAN". They said "can", not "will". The FAA does not ALWAYS consider flight time as compensation. My own situation is a good example. I have no want or need for any further ratings, and I have more than enough time to meet any insurance requirements I'm likely to come across, so logging more flight time in my case would not be "goodwill in the form of expected future benefits". The FAA in my situation would likely not consider any logged flight time as compensation. Having said that, I go the LODA anyway. Why not? it was free, and only cost me 5 minutes to put together the email. Done deal! It would be stupid not to.
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