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.

FMI: www.operationmigration.org