FAA: Letter of Deviation Authority (LODA)
Updated: Nov 11, 2021
The Federal Aviation Administration has issued a Policy to go into effect on July 12th, 2021 concerning compensation for Flight Instructors perfuming training in Aircrafts that hold Special Airworthiness certificates including limited, experimental and primary category aircrafts.
The policy prohibits Limited, experimental and primary category aircrafts from being used for compensation under Part 91 of the Federal Aviation Regulations (FAR). Flight Instructors providing flight training for compensation in any of the category of Aircrafts are required to apply for Letter of Deviation Authority (LODA) and to be provided if applicable. The policy requires instructors to obtain a LODA to instruct in experimental category aircraft.
Previous regulations did not allow an individual to obtain deviation authority to conduct flight training for compensation or hire in limited or primary category aircraft. However, an exemption is required for instruction in limited or primary category aircraft.
This policy represents a new interpretation of the meaning of “compensation” by the FAA standards. Previously, commercial operations, which are not permitted under Part 91, are operations involving transportation for compensation or hire. Now, the FAA views certain types of flight instruction as “compensated,” and therefore not permitted under Part 91.
The FAA is considering a future rulemaking effort to address flight instruction in these categories of aircraft without requiring an exemption or LODA.
Instructors seeking a LODA must apply via email. Instructors seeking an exemption must apply under the existing exemption process.
The policy goes into effect on the 12th day of July, 2021.
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