faa rules for experimental aircraft

14 CFR § 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 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 special operating limitations, no person may operate an aircraft that has an experimental certificate over a densely populated area or in a congested airway. The Administrator may issue special operating limitations for particular aircraft to permit takeoffs and landings to be conducted 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, unless otherwise specifically authorized by the Administrator ; and

(3) Notify the control tower of the experimental 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 certificate under § 21.191(i) of this chapter for compensation or hire, except a person may operate an aircraft issued an experimental certificate under § 21.191(i)(1) for compensation or hire to—

(1) Tow a glider that is a light-sport aircraft or unpowered ultralight vehicle in accordance with § 91.309 ; or

(2) Conduct flight training in an aircraft which that person provides prior to January 31, 2010.

(f) No person may lease an aircraft that is issued an experimental certificate under § 21.191(i) of this chapter, except 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 aircraft 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 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) The FAA may issue deviation authority providing relief from the provisions of paragraph (a) of this section for the purpose of conducting flight training. The FAA will issue this deviation 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 request for deviation authority to the FAA at least 60 days before the date of intended operations. A request for deviation authority must contain a complete description of the proposed operation and justification that establishes a level of safety equivalent to that provided under the regulations for the deviation requested.

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

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Spread Your Wings at AirVenture

About experimental / amateur-built aircraft.

• EAA Careers
• Community Outreach

Amateur-built aircraft are built by individuals and licensed by the Federal Aviation Administration (FAA) as “Experimental.”  The Experimental designation has been in existence for more than five decades.  It defines aircraft that are used for non-commercial, recreational purposes such as education or personal use.

Under FAA regulations, if an individual builds at least 51 percent of an aircraft, the aircraft is eligible to be registered in the amateur-built category.  They are available in kits (where some of the airplane is already fabricated), or plans (where the builder purchases or manufactures all the parts and assembles them).  These airplanes are also commonly known as “homebuilts,” for the obvious reason that many individuals construct these aircraft at home, often in their garages. 

Currently, more than 33,000 amateur-built/homebuilt aircraft are licensed by FAA. They represent proven aircraft designs that have been flown safely for many years.

Who constructs amateur-built/homebuilt aircraft?

People from all walks of life, including astronauts, airline pilots, military jet pilots, machinists, welders, professional people and others.

Why do they build them?

A variety of reasons:  a personal challenge, education, performance, or to invest “sweat equity” into the cost of an airplane. 

Costs range from under $10,000 to more than $100,000 based on desired performance characteristics and optional engine and avionics packages. By comparison, a new factory-built Cessna 172 costs more than $250,000. 

Many amateur-built/homebuilt aircraft utilize composite materials that help create airplanes that are lighter, faster and more fuel efficient than similar production aircraft.

How long does it take?

An average amateur-built/homebuilt aircraft will take between 1,000 and 3,000 hours to complete.  Some individuals build their airplane in less than a year; others may take a decade or more.

How are these aircraft regulated?

All amateur-built/homebuilt airplanes must be registered with the Federal Aviation Administration (FAA). These airplanes must be inspected by an FAA inspector or a designated inspector before an airworthiness certificate can be issued. 

This is a fairly rigorous process. The builder(s) must provide logs of when, where and how construction took place, along with supporting documents and photographs. If the aircraft passes this inspection, a pilot must fly between 25-40 hours of test flights in specific non-populated areas to make sure all components are operating properly. Only after that test time is flown may passengers be flown in the aircraft.

In addition, an amateur-built airplane is subject to condition inspections every 12 months, the same scrutiny required of small production aircraft.

Does a person have to be a licensed pilot to fly these airplanes?

Yes. Pilots of amateur-built/homebuilt aircraft must earn and maintain the same federal pilot training and ratings as those who fly factory-built aircraft such as Cessnas, Pipers, and Beechcrafts. They also must follow all appropriate federal regulations during each of their flights.

What does the term “Experimental” mean regarding a homebuilt airplane?

The term “Experimental” is actually a bit of a misnomer; it refers to the FAA category in which the airplane is registered, not the exclusivity or the use of the airplane. 

While there are a handful of homebuilt aircraft that are original designs, the vast majority of homebuilt airplanes are built using standardized, tried- and-true kits or plans that have been successfully constructed thousands of times. 

When the current homebuilt aircraft rules were first introduced in the early 1950s, there was difficulty finding a category where the finished aircraft could be registered. After all, the airplanes were not factory-built, such as Cessnas or Pipers, nor were they transport aircraft (airliners) or military aircraft. Federal officials saw the most practical category as Experimental, and created a new subcategory called “amateur-built.” 

FAA’s Experimental category also includes nearly 10 other subcategories, including aircraft used for crew training, air racing, and historic aircraft (such as World War II military aircraft) flown to air shows and exhibitions.

How safe are amateur-built/homebuilt aircraft?

Studies by FAA and the National Transportation Safety Board (NTSB) show that amateur-built/homebuilt aircraft have an accident rate less than one percentage point higher than the general aviation fleet.  In fact, the accident rate for amateur-built/homebuilt aircraft is dropping.  The total number of registered homebuilt aircraft has doubled since 1994, and the total hours flown have increased by 123 percent, while the total number of accidents has stayed virtually the same. 

Another good barometer of safety is insurance rates. Companies that insure both homebuilts and production aircraft charge about the same rates for owners of either type of airplane. That indicates a similar level of risk.

Are these aircraft the same as ultralights?

No. Ultralights are light, one-person flying machines that operate under a completely different set of federal regulations. All amateur-built/homebuilt aircraft are registered with the federal government in the same manner as production aircraft with corresponding “N-numbers” on the fuselage.

What does EAA do to support the amateur-built/homebuilt program?

EAA was founded in 1953 with a focus on amateur-built/homebuilt aircraft activities.  Since that time, the interests of EAA members have grown to include virtually all of aviation’s broad and dynamic spectrum.  The core of EAA activities continues to revolve around amateur-built/homebuilt activities. 

For more than 60 years, EAA has been educating builders and pilots so they may enhance the safety of their aircraft and their individual flying abilities. For instance, EAA technical counselors, who are experienced airplane builders, restorers and mechanics, volunteer their time to visit builders and review their projects.  EAA flight advisors help pilots evaluate their flying skills so they are well suited to flying this particular type of aircraft. In some cases, the evaluation will point toward more flight training before a pilot flies a newly built or restored airplane. 

EAA also offers a full range of instructional books and educational videotapes, as well as a full-time staff that provides information on specific aircraft so people can embark on a project suited to their individual needs and abilities.

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• Understanding Experimental Aircraft Limitations
• News - Aviation Aviation Law Articles Aircraft Ownership

Are you considering purchasing or do you own an aircraft with an experimental airworthiness certificate?  If so, it is important that you understand the limitations that go along with that type of aircraft.  While some limitations are familiar, others are not as well known.  However, failure to comply with any of the limitations applicable to the experimental aircraft you operate could result in adverse consequences for the pilot/operator, aircraft owner, and/or aircraft certificate.

Experimental certificate purposes, 14 c.f.r. § 21.191 allows the faa to issue an experimental airworthiness certificate for an aircraft for one or more of the following purposes:, research and development., showing compliance with regulations., crew training., exhibition., air racing., market surveys., operating amateur-built aircraft., operating primary kit-built aircraft., the faa will also issue operating limitations specific to each purpose for which the experimental certificate is issued.  section e of faa form 8130-7, special airworthiness certificate specifies that operating limitations issued with a certificate are part of that certificate.  likewise, 14 c.f.r. § 91.319 requires that any person operating an aircraft issued an experimental certificate must comply with the aircraft’s operating limitations., further, 49 u.s.c. § 44711(a)(l) states that “[a] person may not – (1) operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate.” since the operating limitations issued for the aircraft are considered part of its airworthiness certificate, operation of the aircraft in contravention of its operating limitations would also be a violation of this statute., experimental certificate limitations, so, what can you do with an aircraft that has been issued an experimental airworthiness certificate  for starters, far 91.319(a) states that the aircraft may only be operated in a manner that is consistent with the purpose(s) for which the certificate was issued., far § 91.319 provides additional  limitations., compensation or hire .           for example, an experimental aircraft may not be operated for compensation or hire, regardless of whether or not persons or property are being carried.  however, a limited exception to this prohibition allows an experimental aircraft operator to tow a glider that is a light-sport aircraft or unpowered ultralight vehicle., however, the faa draws a distinction between an operation for compensation or hire when it involves the transportation by air of persons or property of another, versus when it involves the transportation of the operator’s employees or property.  flights carrying only the operator’s “own” employees who are necessary for the purpose of the flight are not considered flights for compensation or hire., for example, operation of a company-owned aircraft by a single pilot employed by the company carrying property owned by the company would be permitted.  in this instance the company would merely be operating the aircraft “incidental to its business” rather than for compensation or hire.  but if the company were to carry persons or property “of another” and receive compensation that operation would be a violation of far § 91.319(a)(2) ., also, after recent regulatory revisions, effective december 1, 2024 an experimental aircraft may now be used to conduct flight training, checking or testing in accordance with the requirements of 14 c.f.r. § 91.326(c):, the authorized instructor is not providing both the training and the aircraft;, the aircraft is not advertised or broadly offered as available for flight training, checking, or testing; and, the only compensation that may be provided for use of the aircraft is the expenses for owning, operating, and maintaining the aircraft.  compensation for profit is prohibited., while the faa still views flight instruction as an operation that is conducted for compensation or hire (another discussion for another day), the new regulation now provides an exception to that prohibition.  additionally, for those to whom a loda (as discussed below) was previously issued for flight training, far § 91.326(d) permits continued operation consistent with the loda through december 1, 2026, subject to faa’s authority to cancel or amend the loda at any time., additional limitations .          another limitation prohibits operating an aircraft with an experimental certificate over a densely populated area or in a congested airway unless the faa otherwise authorizes those operations in the aircraft’s operating limitations., experimental aircraft operators also need to:, advise each passenger of the experimental nature of the aircraft;, operate under vfr, day only, unless the faa authorizes night vfr or ifr flight; and, notify the control tower that the aircraft is experimental when operating into or out of airports with operating control towers., leasing an aircraft that is issued an experimental certificate is also prohibited except in extremely limited circumstances.  keep in mind that the faa views a lease as an agreement where a person provides an aircraft to another person for compensation or hire.  far § 91.319(e)(1) does permit a lease if the lessee is going to use the aircraft in glider towing operations., in addition to these limitations, the faa may also prescribe additional limitations that it considers necessary for a particular experimental aircraft, including limitations on the persons who may be carried., letters of deviation authority .          finally, the faa may also issue a letter of deviation authority (“loda”) providing relief from the limitations imposed on experimental aircraft.  an applicant for a loda must submit a request to the faa at least 60 days before the date of intended operations with a complete description of the proposed operation and justification that establishes a level of safety equivalent to that provided under the regulations for the deviation requested.  the faa has discretion to approve or deny a loda and, once issued, the faa may cancel or amend the loda at any time., whether you own an experimental aircraft or are considering purchasing one, it is important that you understand the limitations that apply to an aircraft with an experimental airworthiness certificate.  in addition to thoroughly reviewing both the aircraft’s certificate and operating limitations, experimental aircraft purchasers and owners should also understand the regulatory limitations contained in far § 91.319 ..

Greg Reigel

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