Old 07-18-2018, 03:45 AM
  #9  
JohnBurke
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 5,923
Default

The FAA Chief Legal Counsel has addressed this issue in interpreting the regulation. For example, regarding experimental aircraft used for aerial survey work, the following letter was issued:

https://www.faa.gov/about/office_org...rpretation.pdf

Note that the Chief Legal Counsel addressed the purpose of issuance of the experimental certificate. 14 CFR 91.319(a)(1) states that no person may use an aircraft with an experimental airworthiness certificate, for other than the purpose for which it was issued. 14 CFR 21.191 cites various reasons for issuance, including research and development, showing compliance with regulations, crew training, exhibition, air racing, market surveys, operating amateur-built aircraft, operating primary kit-built aircraft, operating light-sport aircraft, and operating a light-sport aircraft.

Without determining the purpose and limitations of the specific aircraft's airworthiness certificate, the legalities can't be directly answered. In the case of the legal interpretation below, operating the aircraft for aerial survey work isn't legal unless it's authorized in the airworthiness certificate and shows in the purpose of issuance.

Authorization can be had. The FAA has held that carriage of persons part of the operation (employees of the same company) are not passengers for hire and additional legal interpretations have been issued and are available.

https://www.faa.gov/about/office_org...rpretation.pdf

https://www.faa.gov/about/office_org...rpretation.pdf

https://www.faa.gov/about/office_org...rpretation.pdf

https://www.faa.gov/about/office_org...rpretation.pdf
JohnBurke is offline