Flying without first getting a medical: 103, Glider, LSA (got kinda long)

Capt. Geoffrey Thorpe

Touchdown! Greaser!
Joined
Jun 7, 2008
Messages
15,627
Location
DXO124009
Display Name

Display name:
Light and Sporty Guy
It seems to me that sport pilot rules and medicals and what is or is not required, or what is an “ultralight” are pretty popular topics – so I’m just going to pound out what I think I have figured out along with references to the specific regulations for non-medical heavier than air flight and for some of the various certification methods for Light Sport Aircraft (as defined by the FAA). I assume that any errors on my part will be met with a full broadside…

Part 103: ultralight vehicles

What is a Ultralight vehicle? Part 103.1 defines an ultralight vehicle as: ”a vehicle that:

(a) Is used or intended to be used for manned operation in the air by a single occupant;
(b) Is used or intended to be used for recreation or sport purposes only;
(c) Does not have any U.S. or foreign airworthiness certificate; and
(d) If unpowered, weighs less than 155 pounds; or
(e) If powered:
(1) Weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation;
(2) Has a fuel capacity not exceeding 5 U.S. gallons;
(3) Is not capable of more than 55 knots calibrated airspeed at full power in level flight; and
(4) Has a power-off stall speed which does not exceed 24 knots calibrated airspeed.”​

Also, the regulations are pretty much stand alone: 103.7

“(a) Notwithstanding any other section pertaining to certification of aircraft or their parts or equipment, ultralight vehicles and their component parts and equipment are not required to meet the airworthiness certification standards specified for aircraft or to have certificates of airworthiness.

(b) Notwithstanding any other section pertaining to airman certification, operators of ultralight vehicles are not required to meet any aeronautical knowledge, age, or experience requirements to operate those vehicles or to have airman or medical certificates.

(c) Notwithstanding any other section pertaining to registration and marking of aircraft, ultralight vehicles are not required to be registered or to bear markings of any type.”

Also, 91.1 (applicability) (e) This part does not apply to any aircraft or vehicle governed by part 103 of this chapter

So, 103 pretty much covers everything you need to comply with when operating under that part. No certificates, no A&P, no scheduled inspection required by FAA rules. There are limitations on where they can be operated – not over congested areas, A,B,C,D, and surface class E airspace requires permission, Day VFR, visual reference to surface, and you have to not interfere with other aircraft.

If your “ultralight” has an N number, it does not fall under part 103 – see light sport…

Gliders:

A medical is not required per 61.3 C 2 vii, and 61.23 B but 61.53 does apply: “For operations provided for in §61.23(b) of this part, a person shall not act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person knows or has reason to know of any medical condition that would make the person unable to operate the aircraft in a safe manner.”

Note that gliders include “self-launched” gliders (often referred to as motor gliders). And it seems to me that the line between self-launch glider and powered aircraft seems to be fuzzy at best; part 1.1 definitions state: “Glider means a heavier-than-air aircraft, that is supported in flight by the dynamic reaction of the air against its lifting surfaces and whose free flight does not depend principally on an engine.” Some of these self-launched gliders turn out to be capable of reasonably good cross country performance under power such as the Stemme S-10 or the Aeromot Ximagio. To fly these, you need a glider category on your certificate with a self-launch endorsement. 61.31 j iii.

Maintenance requirements depend on how the glider is certificated – normal or experimental.

Operating under sport pilot rules:

A sport pilot (or a pilot with at least recreational pilot operating under the sporty rules) may fly a light sport aircraft (61.303). You can use a driver’s license in place of a medical but, again, you need to “Not know or have reason to know of any medical condition that would make that person unable to operate a light-sport aircraft in a safe manner.” But, to be clear, nowhere will you find it stated that this means you must meet the requirements for an FAA third class medical. I would also point out the differences between 61.53 A and B – the FAA draws a distinction between meeting the requirements for a medical certificate and not having a medical condition that would make you unable to operate safely. They are two different standards. You can argue about which is more restrictive... Also the medical catch 22 applies: you must “Have been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or her most recent application (if the person has applied for a medical certificate [and] Not have had his or her most recently issued medical certificate (if the person has held a medical certificate) suspended or revoked or most recent Authorization for a Special Issuance of a Medical Certificate withdrawn” 61.303 B

There are variations in the details of which of the restrictions under subpart J, sport pilots apply and which endorsements are required some of which depend on if you have an actual sport pilot certificate or at least a recreational pilot certificate.Some of the limitations that apply (61.315) are minimum visibility of 3 miles (overrides the typical 1 mile requirement for class G), visual reference to the surface required, 10,000 feet MSL (unless you are less than 2000 AGL) maximum, no “in the furtherance of a business”, no charitable flights. No operation in B, C, D airspace without an endorsement unless you hold a private or better certificate. And if you hold a sport pilot ticket, you need endorsements for aircraft with speeds on either side of 87 knots.

Also note that you can get a flight instructor certificate with a sport pilot rating – this lets you do training / flight reviews / etc. in an LSA without a medical. [edit 2018 : rules changed allowing SP instructor time to count to other ratings] You can also get training in a LSA and have it apply towards your private or whatever

43.3 may be an issue if you have a sport pilot ticket: “Except for holders of a sport pilot certificate, the holder of a pilot certificate issued under part 61 may perform preventive maintenance on any aircraft owned or operated by that pilot which is not used under part 121, 129, or 135 of this chapter. The holder of a sport pilot certificate may perform preventive maintenance on an aircraft owned or operated by that pilot and issued a special airworthiness certificate in the light-sport category.” So that gets a bit weird – if you have a S.P. certificate, you can’t do p.m. on legacy light-sport aircraft such as a Champ or Taylorcraft.

There also seems to be some confusion about exactly what is a “light-sport aircraft”. The definition is found under part 1.1 definitions (and I included this at the end of this post). There are limits on weight, speeds, seats, but NOT on how the aircraft is to be certificated - there are several options. 1.1 also includes the phrase “since its original certification, has continued to meet…” This phrase can be an issue for some of the legacy aircraft which may have had an in-flight adjustable propeller installed at one time, or an STC to increase gross weight or…

Light sport includes airplane single-engine land or sea, glider, gyroplane, airship, balloon, powered parachute land or sea, and weight-shift-control aircraft land or sea

(continued)
 
Last edited:
(continued)
Common Light Sport Aircraft certificate types:

Standard aircraft:

Aircraft with a standard airworthiness issued under part 21 that meet the requirements in part 23 (or older CAR rules). If it meets the definition, it can be flown under the sport pilot rules. Issues would be if someone had applied an STC for increased gross weight or anything else that did not fit the definition – this cannot be undone to bring the aircraft back to light sport. Also, if you have a sport pilot certificate, you can’t do things like change oil or other preventative maintenance.

S-LSA:

Special airworthiness certificate for a light-sport category aircraft (S-LSA) (21.90 i) are production aircraft that meet the identified consensus standard (ASTM). 91.327 covers maintenance and modification – bottom line is that you follow the manufactures recommendations along with part 43. For alterations you need to get approval from the manufacture (or FAA) (there is no STC process), and you have to stay within the “consensus”.


E-LSA:

Experimental light-sport aircraft (E-LSA) (21.191 i) are aircraft that has been assembled “From an aircraft kit for which the applicant can provide the information required by §21.193(e); and (ii) In accordance with manufacturer's assembly instructions that meet an applicable consensus standard; or (3) Has been previously issued a special airworthiness certificate in the light-sport category under §21.190.”

The advantage of an E-LSA kits (compared to E-AB) is that he so-called 51% rule does not apply. The disadvantage is that it has to be built according to the manufactures directions – no substitution of engines, instruments, whatever unless it is allowed in the specifications. But, after it is built, alterations are allowed which lets you keep a legacy E-LSA operating even if the manufacture goes out of business and can’t grant approvals. Of course, you can’t make a modification that would take it out of the LSA category if you want to legally fly it again.

There was a window to convert “Fat ultralights” to E-LSA, but that is long since closed.


S-LSA/E-LSA maintenance and inspection:

65.107 outlines the requirements for a repairman certificate (light-sport aircraft) – you can get an inspection rating (16-hour class) or a maintenance rating (80 to 120 hour class depending on aircraft type). The inspection rating lets you perform the annual condition inspection for an E-LSA. The maintenance rating lets you perform maintenance / inspections on S-LSA and E-LSA aircraft. Note that this does not authorize you to sign off on maintenance of an aircraft with a standard certificate that meets the definition of Light Sport Aircraft.

Part 43 (and the manufacturers maintenance and inspection procedures) applies to S-LSA aircraft (43.1 d) but not to E-LSA (43.1 b) so if you have an S-LSA aircraft you need either the A&P or the repairman maintenance certificate to do maintenance. For E-LSA, anyone can maintain the aircraft, but the annual condition inspection requires a certificate.


E-AB:

Experimental Amateur Built (21.191 g) aircraft are aircraft for which “the major portion of which has been fabricated and assembled by persons who undertook the construction project solely for their own education or recreation”. The operating limitations (91.319) contain requirements for annual condition inspections which can be done by (one of) the original builder(s) if they have been issued a repairman’s certificate (65.104) or by an A&P. Note that a repairman’s certificate and/or and A&P is not required for maintenance / modification; part 43 does not apply (43.1 b) so anyone or their dog can maintain or modify an E-AB aircraft. The operating limitations will outline what to do in the event of a major modification. The disadvantage to E-AB (compared to E-LSA) is that you have to meet the so-called 51% rule. The advantage is that you are free to disregard any instructions from the aircraft designer.


FAR 1.1 definition of “Light-sport aircraft”:

Light-sport aircraft means an aircraft, other than a helicopter or powered-lift that, since its original certification, has continued to meet the following:
(1) A maximum takeoff weight of not more than—
(i) 1,320 pounds (600 kilograms) for aircraft not intended for operation on water; or
(ii) 1,430 pounds (650 kilograms) for an aircraft intended for operation on water.
(2) A maximum airspeed in level flight with maximum continuous power (VH) of not more than 120 knots CAS under standard atmospheric conditions at sea level.
(3) A maximum never-exceed speed (VNE) of not more than 120 knots CAS for a glider.
(4) A maximum stalling speed or minimum steady flight speed without the use of lift-enhancing devices (VS1) of not more than 45 knots CAS at the aircraft's maximum certificated takeoff weight and most critical center of gravity.
(5) A maximum seating capacity of no more than two persons, including the pilot.
(6) A single, reciprocating engine, if powered.
(7) A fixed or ground-adjustable propeller if a powered aircraft other than a powered glider.
(8) A fixed or feathering propeller system if a powered glider.
(9) A fixed-pitch, semi-rigid, teetering, two-blade rotor system, if a gyroplane.
(10) A nonpressurized cabin, if equipped with a cabin.
(11) Fixed landing gear, except for an aircraft intended for operation on water or a glider.
(12) Fixed or retractable landing gear, or a hull, for an aircraft intended for operation on water.
(13) Fixed or retractable landing gear for a glider.
 
It can be said shorter that:
S-LSA allows instruction, E-LSA does not. So once you went E-LSA, you cannot sell to someone who is looking to run it as a rental in a school.
Also, when you sell S-LSA you must provide all SBs in the docs package.
Maybe something else, do you know?
 
<SNIP>"...and if you hold a sport pilot ticket, you need endorsements for aircraft with speeds on either side of 87 knots." </SNIP>

This is a new one one me, can someone fill me in on the details?
 
<SNIP>"...and if you hold a sport pilot ticket, you need endorsements for aircraft with speeds on either side of 87 knots." </SNIP>

This is a new one one me, can someone fill me in on the details?
All I know is what is in yea olde regulations, but...

61.327 Are there specific endorsement requirements to operate a light-sport aircraft based on VH?
(a) Except as specified in paragraph (c) of this section, if you hold a sport pilot certificate and you seek to operate a light-sport aircraft that is an airplane with a VH less than or equal to 87 knots CAS you must—
(1) Receive and log ground and flight training from an authorized instructor in an airplane that has a VH less than or equal to 87 knots CAS; and
(2) Receive a logbook endorsement from the authorized instructor who provided the training specified in paragraph (a)(1) of this section certifying that you are proficient in the operation of light-sport aircraft that is an airplane with a VH less than or equal to 87 knots CAS.​
(b) If you hold a sport pilot certificate and you seek to operate a light-sport aircraft that has a VH greater than 87 knots CAS you must—
(1) Receive and log ground and flight training from an authorized instructor in an aircraft that has a VH greater than 87 knots CAS; and
(2) Receive a logbook endorsement from the authorized instructor who provided the training specified in paragraph (b)(1) of this section certifying that you are proficient in the operation of light-sport aircraft with a VH greater than 87 knots CAS.​
(c) The training and endorsements required by paragraph (a) of this section are not required if you have logged flight time as pilot in command of an airplane with a VH less than or equal to 87 knots CAS prior to April 2, 2010.

Also pops up in 61.315 C 14
 
It can be said shorter that:
S-LSA allows instruction, E-LSA does not. So once you went E-LSA, you cannot sell to someone who is looking to run it as a rental in a school.
?
E-LSA doesn't allow instruction in aircraft that the instructor provides (similar to the 100 hr rule). You can get instruction in your own E-LSA (or one you rented or borrowed independently of the instructor). Nothing precludes the school renting the E-LSA, as long as it doesn't come with an instructor. However, you are right, this is restrictive enough that most schools aren't going to deal with it.
 
All I know is what is in yea olde regulations, but...

61.327 Are there specific endorsement requirements to operate a light-sport aircraft based on VH?
(a) Except as specified in paragraph (c) of this section, if you hold a sport pilot certificate and you seek to operate a light-sport aircraft that is an airplane with a VH less than or equal to 87 knots CAS you must—
(1) Receive and log ground and flight training from an authorized instructor in an airplane that has a VH less than or equal to 87 knots CAS; and
(2) Receive a logbook endorsement from the authorized instructor who provided the training specified in paragraph (a)(1) of this section certifying that you are proficient in the operation of light-sport aircraft that is an airplane with a VH less than or equal to 87 knots CAS.​
(b) If you hold a sport pilot certificate and you seek to operate a light-sport aircraft that has a VH greater than 87 knots CAS you must—
(1) Receive and log ground and flight training from an authorized instructor in an aircraft that has a VH greater than 87 knots CAS; and
(2) Receive a logbook endorsement from the authorized instructor who provided the training specified in paragraph (b)(1) of this section certifying that you are proficient in the operation of light-sport aircraft with a VH greater than 87 knots CAS.​
(c) The training and endorsements required by paragraph (a) of this section are not required if you have logged flight time as pilot in command of an airplane with a VH less than or equal to 87 knots CAS prior to April 2, 2010.

Also pops up in 61.315 C 14

That seems like an odd distinction to make. I can certainly see a distinction between a two seat ultralight like Quicksilver used to make and a Sport Cruiser, but you'd have to set the Vh much lower than 100 mph if that's what they were getting after.
 
Back
Top