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Old 12-16-2004, 04:27 PM
Marc Zeitlin Marc Zeitlin is offline
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Join Date: May 2004
Location: Tehachapi, CA 93561
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Quote:
Originally Posted by Noodles
My boss and I were discussing the pros and cons of flying an experimental. He said you couldn't fly over densely populated areas......

....Is he correct?
An old "canard", to use a different meaning of the word. A common misconception, held by those who don't know what they're talking about. No. He's wrong.

Quote:
Originally Posted by Noodles
(c) Unless otherwise authorized by the Administrator in special operating limitations, no person may operate an aircraft that has an experimental certificate over a densely populated area or in a congested airway. The Administrator may issue special operating limitations for particular aircraft to permit takeoffs and landings to be conducted over a densely populated area or in a congested airway, in accordance with terms and conditions specified in the authorization in the interest of safety in air commerce.
Notice the very explicit words that begin paragraph 2(c), here:

"UNLESS OTHERWISE AUTHORIZED...."

and:

"The Administrator may issue special operating limitations ..."

When the experimental amateur built aircraft in question (mine, let's say) finishes it's Phase I testing and moves into Phase II (general flight), the Operating Limitations as issued by the FAA/DAR will say something along the lines of what mine says:
"This aircraft is prohibited from operating in congested airways or over densely populated areas unless directed by ATC, or unless sufficient altitude is maintained to effect a safe emergency landing in the event of a power unit failure, without hazard to persons or property on the surface."
In fact, my Phase I limitations ALSO had this paragraph, so even during my flight testing, I was allowed to fly in these areas, as long as I was high "enough" (with "enough" being defined after the fact, of course).

So the answer is, if you maintain a safe altitude (which, of course, you should be doing no matter WHAT plane you're in, and which is defined for you in other sections of the FAR's) - in this case, 1000 ft. above or 2000 ft to the side, IIRC, you can fly anywhere you want, just like any other plane.

Tell your boss he owes you the $50 you bet him, right? :-).
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