Sunset and Sunrise on Training LODAs

Per 14 CFR 91.326(d) and affirmed by a policy notice issued January 13, all letters of deviation authority (LODAs) issued under 91.319(h) for experimental aircraft will be rescinded and replaced by December 1 of this year. This has been anticipated, and as long as both affected LODA holders and the FAA are proactive it should not impact the availability of LODAs or the training they allow.

For many years, instructors around the country have used LODAs to conduct necessary for-hire training in experimental aircraft that otherwise cannot be used to provide training to the public. In E-ABs and experimental light-sport aircraft (E-LSAs), the LODA rule is especially valuable for builders and owners transitioning into their new aircraft and ultralight training. Warbird instructors can likewise use LODAs for transition training, issuing type ratings, and jet upset training.

The rule that enables LODAs was updated in 2024. This update expanded the usefulness of LODAs, such as allowing their use for obtaining endorsements in some cases and even allowing primary flight training toward a sport pilot certificate in “low mass, high drag” aircraft. It also eliminated the need for experimental aircraft to have LODAs for private flight training, such as receiving a flight review in one’s own aircraft. This was briefly required by a court decision and subsequent rule interpretation in 2021.

The new rule also allowed limited category warbirds to receive a LODA to conduct the same type of training as experimental category warbirds. Limited category aircraft had previously required exemptions. In making this change, the entire LODA rule moved from 14 CFR 91.319(h) to a new rule, 91.326.

As part of this transition, the 2024 rule prescribed that all LODAs issued under 91.319(h) would be invalid after December 1, 2026. New LODAs have been issued under the new rule, and existing LODAs should have been updated upon renewal. Any remaining LODAs active on December 1 will be rescinded and must be updated to the new rule and guidance. For most LODA holders this will be a manageable process although the new rule does introduce several new paperwork requirements. For complete guidance on receiving a new LODA or updating an old one, see Advisory Circular 91-94.