761 

Federal Aviation Administration, DOT 

§ 91.321 

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, un-

less otherwise specifically authorized 
by the Administrator; and 

(3) Notify the control tower of the ex-

perimental 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 certifi-
cate under § 21.191(i) of this chapter for 
compensation or hire, except a person 
may operate an aircraft issued an ex-
perimental certificate under 
§ 21.191(i)(1) for compensation or hire 
to— 

(1) Tow a glider that is a light-sport 

aircraft or unpowered ultralight vehi-
cle in accordance with § 91.309; or 

(2) Conduct flight training in an air-

craft which that person provides prior 
to January 31, 2010. 

(f) No person may lease an aircraft 

that is issued an experimental certifi-
cate under § 21.191(i) of this chapter, ex-
cept 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 air-
craft 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 ac-
ceptable to the FAA; or 

(2) Received an inspection for the 

issuance of an airworthiness certificate 
in accordance with part 21 of this chap-
ter. 

(h) The FAA may issue deviation au-

thority providing relief from the provi-
sions of paragraph (a) of this section 
for the purpose of conducting flight 
training. The FAA will issue this devi-
ation 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 re-

quest for deviation authority to the 
FAA at least 60 days before the date of 
intended operations. A request for devi-
ation authority must contain a com-
plete description of the proposed oper-
ation and justification that establishes 
a level of safety equivalent to that pro-
vided under the regulations for the de-
viation requested. 

(i) The Administrator may prescribe 

additional limitations that the Admin-
istrator 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. 

(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. 91–282, 69 FR 44881, July 
27, 2004; Docket FAA–2016–9157, Amdt. 91–347, 
82 FR 3167, Jan. 11, 2017] 

§ 91.321

Carriage of candidates in elec-

tions. 

(a) As an aircraft operator, you may 

receive payment for carrying a can-
didate, agent of a candidate, or person 
traveling on behalf of a candidate, run-
ning for Federal, State, or local elec-
tion, without having to comply with 
the rules in parts 121, 125 or 135 of this 
chapter, under the following condi-
tions: 

(1) Your primary business is not as an 

air carrier or commercial operator; 

(2) You carry the candidate, agent, or 

person traveling on behalf of a can-
didate, under the rules of part 91; and 

(3) By Federal, state or local law, you 

are required to receive payment for 
carrying the candidate, agent, or per-
son traveling on behalf of a candidate. 
For federal elections, the payment may 
not exceed the amount required by the 

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