No. 23-632

Warbird Adventures, Inc. v. Federal Aviation Administration

Lower Court: Eleventh Circuit
Docketed: 2023-12-12
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: compensation-or-hire faa flight-instruction limited-category-aircraft public-use warbirds
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Is the FAA's reading of 14-CFR-§-91.315 reasonable?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Is the FAA’s reading of 14 CFR § 91.315 to prohibit paid flight instruction in Limited Category Aircraft—sometimes referred to as “warbirds’— reasonable when it contravenes the agency’s own history since 1946 of encouraging the public’s use and operation of these aircraft and when it has always considered flight training distinct from the carriage of persons or property for compensation or hire? 2. If paid flight instruction in petitioner’s WW IIera Limited Category aircraft has always been prohibited because the flight student is being “carried for compensation or hire” under 14 C.F.R. § 91.315, as the FAA now argues, how did anyone learn to fly these vintage aircraft for the last seventy (70) years?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2024-01-11
Waiver of right of respondent Federal Aviation Administration to respond filed.
2023-12-07
Petition for a writ of certiorari filed. (Response due January 11, 2024)

Attorneys

Federal Aviation Administration
Elizabeth B. PrelogarSolicitor General, Respondent
Warbird Adventures, Inc
Dennis P. Derrick — Petitioner