title-14-part-91-sec91-319

735

Federal Aviation Administration, DOT

§ 91.319

(5) Flight checking of instruments,

accessories, and equipment that do not
affect the basic airworthiness of the
aircraft; or

(6) Service testing of the aircraft.
(e) Each person operating a provi-

sionally certificated civil aircraft shall
operate within the prescribed limita-
tions displayed in the aircraft or set
forth in the provisional aircraft flight
manual or other appropriate document.
However, when operating in direct con-
junction with the type or supplemental
type certification of the aircraft, that
person shall operate under the experi-
mental aircraft limitations of § 21.191 of
this chapter and when flight testing,
shall operate under the requirements of
§ 91.305 of this part.

(f) Each person operating a provision-

ally certificated civil aircraft shall es-
tablish approved procedures for—

(1) The use and guidance of flight and

ground personnel in operating under
this section; and

(2) Operating in and out of airports

where takeoffs or approaches over pop-
ulated areas are necessary. No person
may operate that aircraft except in
compliance with the approved proce-
dures.

(g) Each person operating a provi-

sionally certificated civil aircraft shall
ensure that each flight crewmember is
properly certificated and has adequate
knowledge of, and familiarity with, the
aircraft and procedures to be used by
that crewmember.

(h) Each person operating a provi-

sionally certificated civil aircraft shall
maintain it as required by applicable
regulations and as may be specially
prescribed by the Administrator.

(i) Whenever the manufacturer, or

the Administrator, determines that a
change in design, construction, or oper-
ation is necessary to ensure safe oper-
ation, no person may operate a provi-
sionally certificated civil aircraft until
that change has been made and ap-
proved. Section 21.99 of this chapter ap-
plies to operations under this section.

(j) Each person operating a provision-

ally certificated civil aircraft—

(1) May carry in that aircraft only

persons who have a proper interest in
the operations allowed by this section
or who are specifically authorized by

both the manufacturer and the Admin-
istrator; and

(2) Shall advise each person carried

that the aircraft is provisionally cer-
tificated.

(k) The Administrator may prescribe

additional limitations or procedures
that the Administrator considers nec-
essary, including limitations on the
number of persons who may be carried
in the aircraft.

(Approved by the Office of Management and
Budget under control number 2120–0005)

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–212, 54 FR 39293, Sept.
25, 1989; Docket FAA–2018–0119, Amdt. 91–350,
83 FR 9171, Mar. 5, 2018]

§ 91.319

Aircraft having experimental

certificates: Operating limitations.

(a) No person may operate an aircraft

that has an experimental certificate—

(1) For other than the purpose for

which the certificate was issued; or

(2) Carrying persons or property for

compensation or hire.

(b) No person may operate an aircraft

that has an experimental certificate
outside of an area assigned by the Ad-
ministrator until it is shown that—

(1) The aircraft is controllable

throughout its normal range of speeds
and throughout all the maneuvers to
be executed; and

(2) The aircraft has no hazardous op-

erating characteristics or design fea-
tures.

the Administrator in special operating
limitations, no person may operate an
aircraft that has an experimental cer-
tificate over a densely populated area
or in a congested airway. The Adminis-
trator may issue special operating lim-
itations for particular aircraft to per-
mit takeoffs and landings to be con-
ducted over a densely populated area or
in a congested airway, in accordance
with terms and conditions specified in
the authorization in the interest of
safety in air commerce.

(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, un-

less otherwise specifically authorized
by the Administrator; and

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14 CFR Ch. I (1–1–24 Edition)

§ 91.321

(3) Notify the control tower of the ex-

perimental nature of the aircraft when
operating the aircraft into or out of
airports with operating control towers.

(e) No person may operate an aircraft

that is issued an experimental certifi-
cate under § 21.191(i) of this chapter for
compensation or hire, except a person
may operate an aircraft issued an ex-
perimental certificate under
§ 21.191(i)(1) for compensation or hire
to—

(1) Tow a glider that is a light-sport

aircraft or unpowered ultralight vehi-
cle in accordance with § 91.309; or

(2) Conduct flight training in an air-

craft which that person provides prior
to January 31, 2010.

(f) No person may lease an aircraft

that is issued an experimental certifi-
cate under § 21.191(i) of this chapter, ex-
cept in accordance with paragraph
(e)(1) of this section.

(g) No person may operate an aircraft

issued an experimental certificate
under § 21.191(i)(1) of this chapter to
tow a glider that is a light-sport air-
craft or unpowered ultralight vehicle
for compensation or hire or to conduct
flight training for compensation or
hire in an aircraft which that persons
provides unless within the preceding
100 hours of time in service the aircraft
has—

(1) Been inspected by a certificated

repairman (light-sport aircraft) with a
maintenance rating, an appropriately
rated mechanic, or an appropriately
rated repair station in accordance with
inspection procedures developed by the
aircraft manufacturer or a person ac-
ceptable to the FAA; or

(2) Received an inspection for the

issuance of an airworthiness certificate
in accordance with part 21 of this chap-
ter.

(h) The FAA may issue deviation au-

thority providing relief from the provi-
sions of paragraph (a) of this section
for the purpose of conducting flight
training. The FAA will issue this devi-
ation authority as a letter of deviation
authority.

(1) The FAA may cancel or amend a

letter of deviation authority at any
time.

(2) An applicant must submit a re-

quest for deviation authority to the
FAA at least 60 days before the date of

intended operations. A request for devi-
ation authority must contain a com-
plete description of the proposed oper-
ation and justification that establishes
a level of safety equivalent to that pro-
vided under the regulations for the de-
viation requested.

(i) The Administrator may prescribe

additional limitations that the Admin-
istrator considers necessary, including
limitations on the persons that may be
carried in the aircraft.

(j) No person may operate an aircraft

that has an experimental certificate
under § 61.113(i) of this chapter unless
the aircraft is carrying not more than
6 occupants.

(Approved by the Office of Management and
Budget under control number 2120–0005)

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–282, 69 FR 44881, July
27, 2004; Docket FAA–2016–9157, Amdt. 91–347,
82 FR 3167, Jan. 11, 2017]

§ 91.321

Carriage of candidates in elec-

tions.

(a) As an aircraft operator, you may

receive payment for carrying a can-
didate, agent of a candidate, or person
traveling on behalf of a candidate, run-
ning for Federal, State, or local elec-
tion, without having to comply with
the rules in parts 121, 125 or 135 of this
chapter, under the following condi-
tions:

(1) Your primary business is not as an

air carrier or commercial operator;

(2) You carry the candidate, agent, or

person traveling on behalf of a can-
didate, under the rules of part 91; and

(3) By Federal, state or local law, you

are required to receive payment for
carrying the candidate, agent, or per-
son traveling on behalf of a candidate.
For federal elections, the payment may
not exceed the amount required by the
Federal Election Commission. For a
state or local election, the payment
may not exceed the amount required
under the applicable state or local law.

(b) For the purposes of this section,

for Federal elections, the terms

can-

didate and election have the same mean-
ing as set forth in the regulations of
the Federal Election Commission. For
State or local elections, the terms