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1. 06:17 AM - 91.205 - NOT! (Owen Baker)
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6/15/2014
Hello Listers, Andrew Elliott wrote: And most clearly, 91.205 does not
apply to experimental category aircraft. Why do you think that it does?
Please see the FAA Feb 2, 2009 letter available here:
http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations/data/interps/2009/rourke-1%20-%20(2009)%20legal%20interpretation.pdf
This Feb 2, 2009 letter from the FAA explains why I think that 14 CFR 91.205
does apply to all EAB aircraft ever since change 3 to FAA Order 8130.2F**
was issued on 4/18/2007. The below copied explicit wording has been required
in every EAB Operating Limitations since 4/18/2007:
After completion of Phase I flight testing, unless appropriately equipped
for night and/or instrument
flight in accordance with 91.205, this aircraft is to be operated under VFR,
day only.
Prior to 4/18/2007, starting at some date that I can not determine, the FAA
or DAR airworthiness inspectors were ordered to instruct the EAB aircraft
applicant regarding this requirement and to include the requirement in the
Operating Limitations, but no explicit wording was provided.
OC
'O C' Baker says "The best investment you can make is the effort to gather
and understand information."
**PS: The current version, FAA Order 8130.2G, dated 4/16/2011, with Change
1, dated 7/02/2012, contains that same wording.
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From: Dr. Andrew Elliott
Sent: Friday, June 13, 2014 8:38 AMSubject: RE: 91.205 - NOT!
It does not. In your list, 91.205 is the reference for nearly all
requirements. And most clearly, 91.205 does not apply to experimental
category aircraft. Why do you think that it does? Andy
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