An Unscientific -- But Revealing -- Survey

By ANN Contributor John Ballantyne

In the Notice of Proposed Rule Making for sport pilot, FAA reported that it was responding, in part, to a petition from an ultralight association for modest changes to the ultralight regulation, FAR Part 103. With the publication of sport pilot last week, [18 years later], it's readily apparent that ultralight rule FAR Part 103 will remain unchanged for now.

ANN's John Ballantyne asked leaders in hang gliding, ultralighting and paragliding what they feel is significant about sport pilot to their aviation cultures.

Jayne DePanfilis, Executive Director, United States Hang Gliding Association

Hang glider and paraglider pilots are "greatly relieved" that sport pilot was issued without damaging the regulation for hang gliding (FAR Part 103), reports Executive Director, Jayne DePanfilis. There has been an underlying fear over the years that FAA would leak some regulatory change into Part 103 while creating sport pilot, she says.

USHGA has no big issues with sport pilot, Jayne reports. In fact it is mostly good news, such as resolution to a fear that hang gliders might have to be manufactured according to a "consensus standard." The dominant hang glider manufacturer in the world, Wills Wing, said it simply would not be feasible to build hang gliders to such a standard. Happily, no such requirement was included in sport pilot.

FAA enforcement is largely a non-issue for hang glider and paraglider folks according to Jayne. The limitations in Part 103 accommodate most single-place flights without difficulty. Again, the lack of change to Part 103 is a great relief for hang glider and paraglider pilots and instructors. Based on many discussions with FAA, she expects FAA to continue to issue tandem (two-place) exemptions to USHGA for the training program.

She reports that there is confusion about the requirements for the pilots and aircraft involved in the aerotowing of hang gliders. The stated requirement for the tug pilot to possess an FAA Private Pilot certificate is not a big issue, Jayne reported. However, a lack of full understanding about requirements for the tug will be required before evaluating the complete impact of Light Sport Aircraft requirements on the hang glider towing community.

Jayne added that the required travel and high workload to get sport pilot has taken its toll. Others ANN spoke with agreed that the pressure of the release of sport pilot right before the opening of EAA AirVenture is formidable.

(I hope she won't mind if I repeat that she tried to turn off her TV this morning with the cell phone. It is time for a nap!)

Jim Sweeney, President, North American Powered Parachute Federation

Jim thinks that the entire "Ultralight" community should be relieved to see the final sport pilot rules. FAA was good to their word that they would leave ultralight regulation FAR Part 103 alone. This is the way it should be -- Part 103 is left as it was.

To a question about if sport pilot is a big improvement for powered parachuters, he says, "Yes and No." He says those who would like to carry a passenger will now have a way to legally do so. FAA created this opportunity for those who are willing to operate in compliance with traditional aviation rules of FAR Parts 91 and 61.

The down side, says Jim, is that the price of playing poker is going up. "I am not sure how to get one without the other," he said.

There will be a pilot contingency that will see sport pilot only as an increase in expense. If they can comply with FAR 103, no problem. If not, they will have problems with sport pilot.

Regarding future enforcement, Jim says, not long from now, an inspector who is going down the road at 45 mph, and sees a two-seater flying, can just look for the FAA "N" registration number. If the machine is displaying the "N" number, probably nothing more will happen. But if not, there will be a question in the mind of that inspector. This makes an enforcement perspective more definitive after sport pilot takes hold. Jim doesn't think FAA will go out of their way to increase enforcement, but when an occurrence arises they will have more clear enforcement guidance.

Jim also says the industry was looking for a better method of compliance before Sport Pilot came along. He would like to think that we'll now see more compliance rather than a focus on enforcement. If folks play by the new rules, enforcement is not an area we will have to be concerned with, he concluded.

Jim says the real process has just begun. Advisory Circulars are in the works along directives and orders intended to interpret what has just happened. "Now our pilots are subject to Part 91 and 61, which will require additional training to help each pilot get through the knowledge test. If the knowledge test is too hard and discouraging, word will get our quickly and that's how we could get into compliance issues. Hopefully the knowledge test will be appropriate to powered parachuting and thereby encourage compliance by many.

But he believes there are a lot of inconsistencies in the new sport pilot rule.

Among them: differences between the preamble language and actual rule. For example the preamble says that an experimental Light Sport Aircraft may not fly over congested areas. Yet the table of standards within the actual rule says experimental Light Sport Aircraft may fly over un-congested and congested areas.

Another example of upcoming challenges is that when applying for an FAA N number and airworthiness certificate for an existing "fat" or two-seat "Ultralight." What happens during the time between when the FAA N number is issued but the airworthiness inspection has not yet been satisfactorily completed? Can the machine be flown during the application time?

Jim points to FAA's written expectation for 15,000 existing ultralighters to be applying for sport pilot. So, Jim concludes, these kinds of problems will probably come up about 15,000 times.

Jim Stephenson, CEO, Aero Sports Connection

ASC likes sport pilot. Stephenson tells us that FAA adopted many of the ASC recommendations made during the development period. If anything, it is that FAA did exactly what we all said, and it is like, "Now what do we do?" he jokes. Stephenson also says issuance of sport pilot is the start of a very long journey. "We have got to get in and make it work."

He suggests he'll have to see the implementation issues in the FAA Advisory Circular (AC) on implementation. The rule will have to be made readable for members. "Now we know the answer s to the big questions like how heavy, how fast and so fourth. But many, many issues will have to be worked through. Eventually these things will be worked out as the training exemptions go away," Stephenson says.

What's down the road in terms of enforcing Sport Pilot? Stephenson wants to provide over-weight, single place machine pilots a clear avenue to get legal in the next 3 years. He theorized that those who are flying illegally now with no exemptions or attempts at compliance with present law, will simply ignore sport pilot and remain illegal. Jim has no sympathy for them. "Sport pilot is going to happen, and it is not a heavy version of ultralight regulation Part 103 where FAA will continue to look the other way. And it shouldn't be that way. Our community has gotta get right with the world. We talked the talk, now let's walk the walk."

Jim doesn't see any killer issues at this point and states that many contentious issues were worked out before the rule was finalized. An example was the threat of a limitation for sport pilot to the specific make/models of Light Sport Aircraft in which they received check-outs. That limitation was dropped in the final rule for which Jim is thankful.

Jeff Goin, President, United States Powered Paragliding Association

"The hugest great thing is that ultralight regulation FAR Part 103 was left unchanged," says Jeff. "Possibly a whole industry will be reborn as originally envisioned at the issuance of FAR Part 103. "Sport pilot has no impact on powered paragliding because FAA has promised to continue issuing tandem (two-place) training exemptions or to modify Part 103 to permit tandem powered paragliders."

Jeff has a theory: those who will want to learn to fly a single place trike, or other ultralight, will have to find a sport pilot instructor and learn two-place. The notion of single place training is folly to Jeff. He comments that many student crashes from single place instruction caused a lot of the problems in the early years of Ultralighting.

So, if the community embraces sport pilot strongly, the only Light Sport Aircraft instructors for his light, single place Cosmos Samba, powered hang glider, to pick an example, will be sport pilot instructors in their two-seaters. Jeff sees nothing wrong with that, exactly, although it may cost a little more.

Goin thinks acceptance of sport pilot is likely to be dependent on FAA enforcement levels. If the FAA increases enforcement, there will be more compliance. He projects the FAA will probably do a little more enforcement.

Jeff doesn't know sport pilot well enough to fully understand all the issues. It has only been out for 24 hours. He comments that there needs to a much more readable version, which the organizations will probably soon provide.

Dale Hooper, Executive Vice President, United States Ultralight Association

The USUA has no major problems with sport pilot, according to Hooper. Still, he says there are significant questions about implementation and transitioning from where we are to the world of sport pilot.

Dale suspects that some of those implementation issues could become major problems in time. "We will just have to see." USUA is in close contact with FAA as an Advisory Circular is being written to describe the transition process. The sport pilot rule is about 450 pages long, the draft FAA Advisory Circular (AC) that will explain how sport pilot works, will probably be about 12,000 pages, jokes Dale with a wink.

Dale reports that one of the biggest upcoming issues is getting ultralight instructors transitioned from the existing training exemption programs to sport pilot CFI instructors. "The way FAA handles this is a serious matter," he says.

Hooper promises USUA will make sure there is a list of ultralight instructors who have proven themselves as Basic or Advanced Flight Instructors and want to teach using single seat ultralights. This will accommodate students who want to learn using single seaters rather than being forced to go to a sport pilot CFI who probably will teach in a two-seater for much more money.

That said, Hooper thinks the USUA is encouraging its instructors to make the transition and start teaching Sport Pilot. USUA likes sport pilot, but it is only one of several regulatory choices, he says. Ultralight regulation Part 103 is valid and useable. So USUA aims to have a comprehensive list of instructors with broad enough choices to respond to every student's preferences.

The USUA will certainly continue to protect ultralight regulation Part 103, he says.

Down the road, Hooper believes the FAA has been pretty clear about future enforcement. He says FAA inspectors have definitely become more aware of the Part 103 requirements and some ramp checks have already taken place recently. "Enforcement may be no longer ignored," he says.

"It's a relief to no longer have a rule in process," he tells ANN. "Now it is all about implementation. The next few years will be a busy time."

FMI: www.usua.org, www.nappf.com, www.aerosports.org, www.usppa.org