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Section 91.319

14 CFR Ch. I (1-1-19 Edition)

(d) Unless otherwise authorized by
the Administrator, no person may operate 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, including simulated air carrier operations;
(3) Demonstration flight by the manufacturer for prospective purchasers;
(4) Market surveys by the manufacturer;
(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 provisionally certificated civil aircraft shall
operate within the prescribed limitations displayed in the aircraft or set
forth in the provisional aircraft flight
manual or other appropriate document.
However, when operating in direct conjunction with the type or supplemental
type certification of the aircraft, that
person shall operate under the experimental aircraft limitations of Section 21.191 of
this chapter and when flight testing,
shall operate under the requirements of
Section 91.305 of this part.
(f) Each person operating a provisionally certificated civil aircraft shall establish 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 populated areas are necessary. No person
may operate that aircraft except in
compliance with the approved procedures.
(g) Each person operating a provisionally 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 provisionally 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 operation, no person may operate a provisionally certificated civil aircraft until
that change has been made and approved. Section 21.99 of this chapter applies to operations under this section.
(j) Each person operating a provisionally 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 Administrator; and
(2) Shall advise each person carried
that the aircraft is provisionally certificated.
(k) The Administrator may prescribe
additional limitations or procedures
that the Administrator considers necessary, 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]

Section 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

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