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[LML] Re: VFR for flight testing (for LIVP,
LIVPT)
I'm the person who asked the original question under the subject:
"LIVP 40 Hr Test Period...Not Above 17,500'?" Since
then, with the ListServ answers, I have researched and surmised the
following:
Reference: FAA Regs, Pubs, Rules, Forms,
Orders: § 91.305,
§ 91.319, AC 90-89, 8130.2F
(135,
136, 152, 153)
"Operating limitations must be
designed to fit the specific situation encountered."
Since the LIVP is designed for the flight levels, operational testing
in this altitude is appropriate.
"During phase I flight testing to
meet the requirements of § 91.319(b), all flights must be conducted
within the geographical area described as
follows..." describes only
lateral limits of the test area, not altitude limits or types of
controlled airspace.
"All test flights, at a minimum,
must be conducted under VFR, day only. Guidance concerning the scope and detail of test
flights can be found in AC 90-89." This describes the conditions, not the flight
plan filed. AC 90-89 makes NO mention of flight plan
restrictions, or VFR vs IFR conditons, or restrictions from Class
A airspace.
"No person may flight test an
aircraft except over open water, or sparsely populated areas, having
light air traffic." This addresses the restriction from
Class B airspace, which by definition is NOT a "sparsely
populated area."
During the flight test period, there is NO
written restriction against filing and flying under an IFR flight
plan. One only needs to be in Daytime VFR conditions.
Similarly, under an IFR flight plan within Class A airspace, one
can not log IFR filght time unless operating in IFR conditions
(IMC), so VFR operations in Class A under an IFR flight plan does
occur routinely.
There is no stated restriction against
operating in Class A airspace during flight test, so long as the
limits defined on FAA Form 8130-7 permit flight tests in this
controlled airspace.
There appears to be some differences
between DARs and their interpretation of the FAA rules. While
this is unfortunate, I have seen this to be the case elsewhere.
Per Charlie Kohler (DAR):
"It's my opinion , that FAR 91.305---91.319 and FAA order
8130.2 F do not explicitly prohibit a flight above 18,000 feet.
The intent of the order is clear that test flights during this phase
will limit flight with in a designated area that will not be over
densely populated areas/congested airways or create a hazard to any
other air traffic or property/ personnel on the ground."
I would appreciate if one of the LIVP or
LIVPT drivers would fax me (973-729-8322) or post on the ListServ
their FAA Form 8130-7 Operating Limitations used to define the
test area (I will scan yours in and email them to others upon
request). This way, we can collectively share the wording used
to successfully receive flight test authorization in the Class A
airspace.
Thank you.
Jeff Liegner in New Jersey
Posted for "Jim Auman"
<jimauman@comcast.net>:
You cannot be above Flight level 180 (in
Controlled Airspace) unless you are
on an IFR flight plan. Controlled
airspace is Class A airspace.
There are also pilot qualifications as stated re: endorsements
not to mention
the equipment required.
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