§91.319. Aircraft having experimental certificates: Operating limitations.

14 C.F.R. § 91.319

(a)

Except as provided in paragraph (k) of this section and § 91.326, no person may operate an aircraft that has an experimental airworthiness certificate—

(1)

For other than the purpose for which the certificate was issued; or

(2)

Carrying persons or property for compensation or hire in operations that—

(i)

Require an air carrier or commercial operator certificate issued under part 119 of this chapter;

(ii)

Are listed in § 119.1(e) of this chapter;

(iii)

Require management specifications for a fractional ownership program issued in accordance with subpart K of this part; or

(iv)

Are conducted under part 129, 133, or 137 of this chapter.

(b)

No person may operate an aircraft that has an experimental airworthiness certificate outside of an area assigned by the Administrator 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 operating characteristics or design features.

(c)

Unless otherwise authorized by the Administrator in operating limitations, no person may operate an aircraft that has an experimental airworthiness certificate issued under § 21.191 of this chapter over a densely populated area or in a congested airway.

(d)

Each person operating an aircraft that has an experimental airworthiness certificate shall—

(1)

Advise each person carried of the experimental nature of the aircraft;

(2)

Operate under VFR, day only, unless otherwise specifically authorized by the Administrator; and

(3)

Notify air traffic control of the experimental nature of the aircraft when utilizing air traffic services.

(e)

No person may operate an aircraft that is issued an experimental airworthiness certificate under § 21.191(i), (k), or (l) of this chapter for compensation or hire, except:

(1)

A person may operate an aircraft issued an experimental airworthiness certificate under § 21.191(i)(1) of this chapter to tow a glider that is a light-sport category aircraft or unpowered ultralight vehicle in accordance with § 91.309; or

(2)

A person may operate an aircraft issued an experimental airworthiness certificate under § 21.191(i), (k), or (l) of this chapter to conduct operations authorized under § 91.326.

(f)

No person may lease an aircraft that is issued an experimental airworthiness certificate under § 21.191(i), (k), or (l) of this chapter, except—

(1)

In accordance with paragraph (e)(1) of this section; or

(2)

To conduct a solo flight in accordance with a training program included as part of the deviation authority specified under § 91.326(b).

(g)

No person may operate an aircraft issued an experimental airworthiness certificate under § 21.191(i)(1) of this chapter to tow a glider that is a light-sport category aircraft or unpowered ultralight vehicle for compensation or hire or to conduct flight training for compensation or hire in an aircraft which that person provides unless within the preceding 100 hours of time in service the aircraft has—

(1)

Been inspected by a certificated repairman (light-sport) 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 acceptable to the FAA; or

(2)

Received an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

(h)

[Reserved]

(i)

The Administrator may prescribe additional limitations that the Administrator 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 airworthiness certificate under § 61.113(i) of this chapter unless the aircraft is carrying not more than 7 occupants.

(k)

A person may operate an aircraft issued an experimental airworthiness certificate to conduct a space support vehicle flight carrying persons or property for compensation or hire provided the operation is conducted in accordance with § 91.331.

Notes, amendments, and revision history

Amendments

[Docket 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; Docket FAA-2024-2580, Amdt. 91-380, 89 FR 90578, Nov. 18, 2024; Docket FAA-2023-1351, Amdt. 91-378, 89 FR 80340, Oct. 2, 2024; Docket FAA-2023-1377, Amdt. 91-381, 90 FR 35220, July 24, 2025; Docket FAA-2023-1377, Amdt. 91-381, 90 FR 35220, July 24, 2025]

Source

Source: Docket 18334, 54 FR 34308, Aug. 18, 1989, unless otherwise noted.

Authority

Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,44716, 44717, 44722, 44740, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508,47528-47531, 47534; Pub. L. 112-95, 126 Stat. 11; Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); sec. 828, Pub. L. 118-63, 138 Stat. 1330 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Civil Aviation, 61 Stat. 1180.

§91.319. Aircraft having experimental certificates: Operating limitations.

Amendments

Source

Authority

Amendments

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