From Hang Gliding & Paragliding, January 2007
By Tracy Tillman and Lisa Colletti
Welcome to the second edition of our Towline editorial column. In our first column, we discussed the existing FAA Part 103 regulations and exemptions that affect aerotowing of unpowered ultralights and tandem-aerotow hang gliding instruction, to help readers develop a baseline understanding of our situation prior to transition to the more complex FAA Sport Pilot regulations that will soon affect our sport. In the next several Towline articles, we will specifically focus on Sport Pilot issues.
Tracy: In this issue, I think that we should present a general overview and implementation timeline of the Sport Pilot regulations. Then, we can focus on specific aspects in future issues, such as (a) transition of tugs to FAA-certified Light Sport Aircraft (LSA), (b) transition of pilots to FAA-certified tug pilots, and (c) maintenance and required inspections of LSA tugs.
Lisa: Sounds like a good plan. How about starting with a bit of background information about the creation of the new Sport Pilot regulations?
Tracy: OK. The new Sport Pilot rule was announced by the FAA on July 20, 2004, on the day of the 35th anniversary of mankind's first walk on the moon. Although the implementation of Part 103 regulations for ultralights in 1982 was a big deal for many of us, the implementation of the new Sport Pilot rule is probably the most significant change in general aviation regulations in the last 50 years (ref. 1).
Lisa: It is ironic that this all really started with hang gliders. In 1974 the FAA published advisory circular AC 60-10 that outlined the position of the FAA regarding the operations of hang gliders. They suggested that to avoid further regulatory action, hang gliders should not fly above 500 feet AGL, stay out of controlled airspace and airspace surrounding uncontrolled (non-towered) airports, not fly over buildings, populated areas, or assemblages of persons, and that organizations representing the sport should develop procedures for quality control, safety, and training (ref. 2).
Tracy: Right, and then as hang glider technology and performance improved, and as motorized hang gliders evolved into ultralight aircraft, the FAA created Part 103 (ref. 3) to regulate both hang gliders and powered ultralights, under the classification of vehicles, rather than aircraft. And now, as ultralight technology, performance, practical weight, and two-place popularity have increased, the FAA reacted by creating the Sport Pilot rule (ref. 4).
Lisa: Hang glider pilots should realize and appreciate the fact that many past and current USHPA board members, committee members, and volunteers have spent countless hours working with the FAA and other organizations to help create a system of safety and training that is recognized as credible by the FAA and thus has enabled hang gliding to remain relatively unregulated, in comparison to other forms of aviation.
Tracy: Yes, and the current efforts of the USHPA continue to be effective. The other ultralight organizations in the U.S. have been unsuccessful at renewing their exemptions to Part 103 for two-place training, due to the implementation of the Sport Pilot rule. The USHPA is the only one among them that has been able to renew its exemptions to Part 103 - specifically for two-place (tandem) training in hang gliders and paragliders (ref. 5), and for aerotowing of unpowered ultralights (ref. 6).
Lisa: So, what is the basic deal now with the new Sport Pilot regulations?
Tracy: Fundamentally, hang gliders and powered ultralights that meet Part 103 criteria are not considered to be Light Sport aircraft. Very light tugs may continue to tow hang gliders under Part 103 and USHPA's aerotowing exemption #4144. However, more powerful (and heavier) tugs, which are generally considered to be safer for towing than very light tugs, will not meet Part 103 criteria, and will be regulated as aircraft under the new Sport Pilot regulations. And, unlike towing with ultralights, we will be able to aerotow on a commercial basis using Light Sport aircraft.
Lisa: What is the definition of a Light Sport aircraft?
Tracy: It is an N-numbered registered aircraft that has passed an airworthiness certification inspection, and which may fit into the categories of airplane, glider, weight-shift (trike), gyroplane, powered parachute, or lighter-than-air. Fundamentally, an LSA is limited to a maximum gross (fully-loaded) weight of 1320 pounds, two-person occupancy, fixed landing gear, one reciprocating engine, fixed (or ground-adjustable) propeller, with a maximum stall speed of 45 knots (51 mph) and a maximum level-flight speed of 120 knots (138 mph) (ref. 7).
Lisa: It seems most likely that a tug used for towing hang gliders would be either an LSA airplane, a motor-glider, or a trike. Nearly all of the current fleet of tugs in the U.S. are either single-place overweight ("fat") ultralights or trikes, or two-place trainers, and will have to be converted to LSAs.
Tracy: Correct. Our current tugs will be able to be converted to E-LSAs (experimental Light Sport aircraft). We hope that, in the future, manufacturers will produce E-LSA kits or fully-built S-LSA (special Light Sport aircraft) aircraft, motor gliders, or trikes, specifically designed as tugs for towing of unpowered ultralights.
Lisa: What kind of pilot certificate will be required for flying an LSA?
Tracy: As a minimum, a Sport Pilot (SP) certificate will be required to fly an LSA, and a Sport Pilot instructor (SPI) certificate will be required to instruct using LSAs. The FAA has provided a grandfathering clause that does make it somewhat easier (and cheaper) for registered ultralight pilots and instructors to upgrade to SPs and SPIs. Also, pilots with higher-level ratings, such as private or commercial pilots, may fly LSAs, and certified flight instructors (CFIs) may instruct using LSAs.
Lisa: It is my understanding that a private pilot certificate will be required in order to aerotow using an LSA.
Tracy: That is correct, but the wording in the new regulations suggests that we will be able to tow on a commercial basis with a private, rather than commercial, certificate.
Lisa: What is the timeline of the grandfathering clause, making it easier for registered ultralight pilots and instructors to transition to Sport Pilots or Sport Pilot instructors?
Tracy: The deadline is January 31, 2007, for the SP ticket, and January 31, 2008, for the SPI ticket. Basically, the grandfathering clause allows a properly registered ultralight pilot to sit for the SP written exam without taking additional ground school, and to take the SP checkride without taking additional flight instruction, if done so by January 31, 2007. There are similar benefits for ultralight flight instructors transitioning to SPI, if done so by January 31, 2008 (ref. 8).
Lisa: What is the timeline for conversion of our tugs to E-LSAs?
Tracy: The deadline for converting our current fleet of overweight or two-place ultralight tugs to E-LSAs is January 31, 2008. We may use them indefinitely after that, if they're kept airworthy, inspected, and registered. If a pilot does not convert his overweight or two-place ultralight to an E-LSA by that date, he or she may continue flying it as an ultralight, but only until January 31, 2010. After that, the tug will become scrap material or a lawn ornament, as the FAA will consider it to be an unregistered aircraft without an airworthiness certificate.
Lisa: That was a good overview on how the new Sport Pilot rule will affect us. Next, month, we'll present more details on how to convert our tugs to E-LSAs.
References
1. "What's the Buzz? Sport Pilot and Light Sport Aircraft, What's It All About?" by Dan Johnson, EAA Sport Pilot magazine, August 2005.
2. "Proposed FAA Sport Pilot Certification" by Joe Gregor, Hang Gliding magazine, September 2001.
3. FAR Part 103 - Ultralight Vehicles: http://www.usua.org/Rules/faa103.htm
4. FAA Sport Pilot Rule: http://www.sportpilot.org/learn/index.html
5. USHPA Tandem Exemption 4721: FAA Tandem Operations Exemption
6. USHPA Exemption 4144: FAA Aerotow Operations Exemption
7. EAA Sport Pilot Sourcebook: http://www.sportpilot.org/resources/sourcebook.html
8. "The Clock Is Ticking: Deadlines for Sport Pilot and Light-Sport Aircraft Transitions" by Dennis Demeter, {Light Sport and Ultralight Flying} magazine, May 2006.