760 

14 CFR Ch. I (1–1–19 Edition) 

§ 91.319 

(d) Unless otherwise authorized by 

the Administrator, no person may op-
erate a provisionally certificated civil 
aircraft except— 

(1) In direct conjunction with the 

type or supplemental type certification 
of that aircraft; 

(2) For training flight crews, includ-

ing simulated air carrier operations; 

(3) Demonstration flight by the man-

ufacturer for prospective purchasers; 

(4) Market surveys by the manufac-

turer; 

(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. 

(c) Unless otherwise authorized by 

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 

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