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New FAA Ruling Prohibits New Warbird Operators from Carrying Passengers

Started by Joe Copalman, March 27, 2011, 07:15:39 PM

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Joe Copalman

"I'm sorry sir, you can't take photos of that aircraft."

"If you've seen my work, you'd know I really can't take photos of any aircraft." 

Joe Copalman
AzAP Co-Founder
Mesa, AZ

Chris Kennedy

I don't think this specifically refers to charging for rides. I sounds to me like it means they can't carry passengers at all unless they already have a waiver.
Chris Kennedy
Peoria, AZ

http://www.flickr.com/photos/chrisk48/

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Joe Copalman

"I'm sorry sir, you can't take photos of that aircraft."

"If you've seen my work, you'd know I really can't take photos of any aircraft." 

Joe Copalman
AzAP Co-Founder
Mesa, AZ

Chris Kennedy

I've been searching the FAA web site trying to find out some more about this, but haven't found anything so far.

Chris Kennedy
Peoria, AZ

http://www.flickr.com/photos/chrisk48/

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Chris Kennedy

I was wrong about the paying issue. This is the relevant regulation regarding operation of Limited category aircraft, which most warbirds are.

Sec. 91.315 — Limited category civil aircraft: Operating limitations.

No person may operate a limited category civil aircraft carrying persons or property for compensation or hire.

I haven't been able to find any information on how exemptions to this are issued yet.
Chris Kennedy
Peoria, AZ

http://www.flickr.com/photos/chrisk48/

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Chris Kennedy

I finally found the relevant document from the FAA.

http://ofr.gov/OFRUpload/OFRData/2011-06712_PI.pdf

It says they have been issuing exemptions for what they call Living History Flight Experiences (LHFE).

Toward the end it says:

The FAA expects to publish a new proposed LHFE policy for comment on or before September 30, 2012. 

Chris Kennedy
Peoria, AZ

http://www.flickr.com/photos/chrisk48/

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Chris Kennedy

There's an interesting section in the FAA document.

Additionally, during the moratorium, as petitioners request extensions to their LHFE exemption, the FAA will add the following clarifying limitations to all LHFE exemptions to ensure consistent application of current LHFE policy: 1. Passengers are prohibited from manipulating the aircraft flight controls when the aircraft is operated under the LHFE exemption, and 2. No aerobatics may be performed in the aircraft while operating under the LHFE exemption.

I wonder how this will affect the Collings Foundation's "flight training" flights in their P-51C. It is registered as Limited category. Part of the description on their web site says:

All participants will get the chance to feel what it was like to fly one of the most legendary fighters of WWII.
Chris Kennedy
Peoria, AZ

http://www.flickr.com/photos/chrisk48/

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Jay Beckman

I love how they cite two accidents that have absolutely nothing to do with the issue...

The T-6 they mention, I'm sure, was Warlock and the pax who died was its mechanic.  Hardly "the public" at risk.

The P-51 incident was a landing accident at OSH where (afaik) there were no passengers in the back seat of either Mustang.

I find it fascinating that anything and everything now has to be badged as "Hazardous To Your Health" except any aircraft.
There should be placards all over commercial airports warning people that they may in fact die en-route to their destination.

Jay Beckman
Chandler, AZ
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