747 

Federal Aviation Administration, DOT 

§ 91.319 

(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] 

§ 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 
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 

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