Warbird Adventures, Inc. v. Federal Aviation Administration
Is the FAA's reading of 14-CFR-§-91.315 reasonable?
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?