Agency Works To Determine If 'For Hire' LSA Restriction Was
Violated
The acclaimed and widely documented work of Operation Migration
is leading young whooping cranes from breeding facilities to
repopulate natural habitats has run into FAA trouble. The
resolution of the gray area involving whether pilots on the
charity's paid staff are flying "for hire" is taking longer than
expected, and could have implications for other activities which
might be conducted using Light Sport Aircraft.
While the aircraft used by Operation Migration are often
sloppily reported as "ultralights," they are not. They are LSAs,
and the the FAA regs covering their operation prohibit applications
in which they're flown "for hire." On its website, Operation
Migration explains the current controversy this way:
"The issue in question is whether or not OM’s pilots are
flying “for hire,” or, for the furtherance of a
non-profit. OM aircraft are licensed as Light Sport Aircraft (LSAs)
which came into effect in 2008. FAA regulations prohibit flying
LSAs for hire or as part of business activities. The FAA has begun
the process of evaluating a waiver to OM, exempting its pilots and
aircraft from that rule.
"OM has always maintained that its pilots are hired for a wide
range of non-flying skills and duties, and that they volunteer
their time as pilots. In 2010, the FAA Flight Safety District
Office (FSDO) in Milwaukee investigated the status of OM’s
flight operations and accepted OM’s explanation. We were told
by the FSDO director that “no further action would be
taken.” Based on that ruling, we began the 2011 season.
"In August 2011 the FAA inspected our aircraft, which passed
with flying colors. In November a Letter of Investigation was sent
to each pilot. After discussions with the FAA in December,
Operation Migration voluntarily ceased any flying while the matter
is resolved. We hoped that would happen during the Christmas break,
but it is taking longer than anticipated.
"The FAA is in support of this project and is working hard to
resolve the matter in our favor. We appreciate their efforts. We
are also working with our WCEP partners to develop a contingency
plan for completing the migration without aircraft, if
necessary."
In fairness to the FAA, the resolution of this dilemma needs to
anticipate any possible new gray areas it will create. There are
always operators looking to stretch the limits of what can be done
with aircraft not certified under FAR 23/27, and the FAA has been
resolute about making sure commerce is conducted using aircraft
which have undergone the full regulatory gauntlet.