Experimental
Hope this is the right place:
FAR 91.319 says (in part):
§ 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.
(d) Each person operating an aircraft that has an experimental certificate shall—
(2) Operate under VFR, day only, unless otherwise specifically authorized by the Administrator; and
(e) No person may operate an aircraft that is issued an experimental certificate under §21.191(i) of this chapter for compensation or hire, except a person may operate an aircraft issued an experimental certificate under §21.191(i)(1) for compensation or hire to—
(2) Conduct flight training in an aircraft which that person provides prior to January 31, 2010.
(h) The FAA may issue deviation authority providing relief from the provisions of paragraph (a) of this section for the purpose of conducting flight training. The FAA will issue this deviation 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 request for deviation authority to the FAA at least 60 days before the date of intended operations. A request for deviation authority must contain a complete description of the proposed operation and justification that establishes a level of safety equivalent to that provided under the regulations for the deviation requested.
(i) The Administrator may prescribe additional limitations that the Administrator considers necessary, including limitations on the persons that may be carried in the aircraft.
Preamble: I am teaching a couple of fellows in a Kitfox they own and they are paying me. I would not do it unless I was paid.
I own an experimental airplane that is not used for flight training (has no dual controls) but I would like to use it at night, and maybe to fly into a large town that has an airport surrounded by houses (congested airspace).
Questions: Is the ability to teach a person in an experimental airplane going away in January next year? What is an owner of an experimental airplane supposed to do after that? Does the para (h) allow for a deviation from that rule?
With regard to night operations, I read in AOPA once that provided the airplane had the right equipment fitted for night or IFR it could fly those situations without specific clearance, in fact I know a lot of people who do fly night/IFR and who have the same generic experimental CofA that I do. Should I approach the Feds or just asssume?
Has anyone had experience in these areas who could comment please?