The following comments are my opinions only. They may or may not be correct, but they are my opinion.
We've heard it many times in the past. "Part 103 is very outdated. Why can't the FAA just increase the weight, fuel, and speed limits in Part 103"? This comment comes up a lot these days, especially since the release of Sport Pilot certificate and the new category of light-sport aircraft.
For years, the FAA has told us that they will not do that. We've all heard the infamous "If we open it for change, you might just lose it" attitude from the FAA. I personally, have heard this very comment from Bill Cook in years past, and again in February 2002 at the Air Sports Expo in Ontario, California.
Believe me, I agree that with just a few simple little "increases" in Part 103, many of us would be very happy. I wish this could be done, but I do believe it is true that the FAA will not open Part 103 up for modifications.
Why? Part 103 has major loopholes in it, in some cases, giving pilots more privileges than people who hold higher classes of pilot licenses. If 103 were to be "opened for review", there would likely be a lot more restrictions added to it.
It is the FAA's intent that in order to be granted more privileges (by being issued a higher certificate), a pilot must get more training. Let's take a look at the most common certificates issued by the FAA:
Of course, there is no such thing as an FAA issued certificate for a Part 103 pilot. It is shown in this list to indicate that a Part 103 pilot has the least amount of requirements, and also, the least amount of privileges.
The top of the list shows the license with the most privileges (ATP). This is also the license that requires the most training. As you can see from the "pecking order" in the list, a Sport Pilot's training requirements and privileges should be less than or equal to that of Rec Pilot. A Rec pilot's training requirements and privileges should be less than or equal to that of Private Pilot, and so on.
To see some of the differences between Private, Rec, and Sport Pilot, look at this Comparison Chart:
Type of Operations or Privileges |
PRIVATE PILOT |
RECREATIONAL PILOT |
SPORT PILOT |
Requires FAA medical certificate |
YES |
YES |
Medical or U.S. driver's license and self-certification |
Aircraft size limitations |
Unlimited (certain aircraft will require specific "type" ratings) |
180 hp max, 4 seats max |
"Light Sport Aircraft" (1,320 lb max certificate gross weight, 2 seats max., etc.) |
Aircraft with retractable landing gear |
YES |
NO |
NO |
More than 1 passenger may be carried |
YES |
NO |
NO |
Minimum flight training time required under FAR Part 61 |
40 hours |
30 hours |
20 hours |
Flight in Class B, C, or D airspace |
YES |
Only with additional flight instruction |
Only with additional flight instruction |
Night flight |
YES |
YES, no passengers and under CFI supervision to obtain additional certificates/ratings (14 CFR 61.101(i)(3) |
NO |
Flight outside United States airspace |
YES |
NO |
NO |
Less than 3 miles visibility |
YES, in uncontrolled airspace |
NO |
NO |
Sightseeing flights benefiting a charity or community |
YES |
NO |
NO |
So, with this is mind, let's look at the class of aviator with the least amount of training, which of course is Part 103. Since Part 103 has the least amount of training required (none!), it stands to reason that Part 103 should also have the least amount of privileges, right?
Here's some examples of where Part 103 violates that basic concept. These are some of the reasons the FAA can not simply "increase the numbers" to make us happy:
For reference, the general limitations for Sport Pilots, is defined in 14 CFR 61.315. The limits for Recreational Pilots, is defined in 14 CFR 61.101. The limits for private pilots is defined in 14 CFR 61.113.
I'm sure you get the idea. I know these may sound petty, and yes, I know Part 103 does have some serious limitations and rules unique to us. But the point is, these are the kinds of things that make Part 103 hard to change in the eyes of the FAA. Even with all the serious limitations of Part 103, it does give us quite a unique amount of freedom. There are still many countries in the world that would love to have a regulation such as Part 103.
These are my opinions only. There is no doubt in my mind that Part 103 is a major pain in the FAA's rear end. In fact, I'll bet they now wish it didn't even exist. In this "post 9-11" world we live in, you can imagine agencies such as the Department of Homeland Security, the TSA, and the FAA having a real problem with an unknown number of "ultralights" flying around, by an unknown number of "ultralight pilots". Beginning in 2016, the FAA even requires registration for people flying drones that weight over 1/2 pound, yet an ultralight needs no registration.
I believe that if the FAA ever agreed to "open Part 103 up for changes", we'd have to expect that they would either want to "close the loopholes" so our privileges are more in line with the training received, or they might even want to establish some training criteria, or both. What kind of things might they change? If we want a Part 103 that has less requirements than the Sport Pilot, then we have to expect that the privileges granted under Part 103 will also be less than Sport Pilot. This could mean a lot of things. For example, we could lose the ability to fly in any airspace except Class E and G. They may want to restrict us to altitudes of less than 3,000 AGL (which is where 14 CFR 91.159, VFR cruising altitudes, begins). We might lose the ability to fly before sunrise, and after sunset. Other restrictions could include limitations on the distance we can travel, or additional restrictions on what we can put on the airframe and engine. And on top of all that, they might even require some minimal training, or certification.
I wish I was wrong, and hope I am. I would love to see Part 103 enhanced slightly to keep in line with the changes and evolution that have occured over the years. Yes, I would be very happy to see a slight increase in weight, and the amount of fuel we can carry. I just can't imagine the FAA just agreeing to that, without making other changes to Part 103 as we know it. Do we really want to open that can of worms?
Bob Comperini CFI / DPE
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This page updated on: November 27, 2024 |
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