Airworthiness

• Author: Timothy M. Ravich
• Profession: Lawyer
• Pages: 135-166

135

C 7

Airworthiness

Before conducting any operations in the National Airspace System (NAS), an

unmanned aircraft system (UAS) operator— public, civil, or hobby/recreational—

must demonstrate that the aircra ft is in a condition for safe operation without undue risk

to other operations in the NAS or to persons and/or property on the ground.1 is is

achieved by obtaining an airworthiness certificate, an FAA document that grants autho-

rization to operate an aircraft in flight.

Notably, under 14 C.F.R. Part 107— effective August 29, 2016 (see Chapter 9,

infra)— no airworthiness certification is required for operation of civil unmanned aerial

vehicles (UAVs) weighing under 55 pounds. Air worthiness requirements continue for other

aircraft, including public UAV operations and flight of UAVs weighing over 55 pounds.

is chapter details the various airworthiness regulations that govern such unmanned

flights.

I. Airworthiness Certicates: Standard and Special

ere are two different cla ssifications of FAA airwort hiness certificates: sta ndard airworthi-

ness certificates a nd special airworthiness cert ificates. A standard airworthi ness certificate

is the FAA’s official authorization allowing for the operation of type certificated aircraft

in the following categories: normal, utility, acrobatic, commuter, transport, manned free

balloons, and special classes. A standard airworthiness certificate remains valid as long

as the aircraft meets its approved type design; is in a condition for safe operation; and

maintenance, preventative maintenance, a nd alterations are performed in accordance with

14 C.F.R. Parts 21, 43, and 91.2

1 F. A A ., F S  I  M   S, Vol. 16, Unmanne d Aircraft Sys tems,

Chapter 2, § 1, ¶ 16-2-1-3.

2 F. A A ., Standard Airw orthiness Certificate , www.faa.gov/aircraft/air_cert/airworthiness_certification/

std_awce rt/. (FAA form 8100-2 Displayed in t he Aircraft).

COMMERCIAL DRONE LAW

136

A special airworthiness certificate in the experimental category (SAC-EC) is issued to

operate an aircraft that does not have a type certificate or does not conform to its type

certificate and is in a condition for safe operation.3 Additionally, a special airworthiness

certificate may be issued to operate a prima ry category kit- built ai rcraft that was assembled

without the supervision and quality control of the production certificate holder.4

Special airworthiness certificates— particularly those in the experimental category—

are of limited utility to civilian UAS operators because they are rarely granted, among

other reasons, due to being issued with accompany ing operational limitations under Title

14 C .F.R . § 91. 319.5 at said, funda mentally, the FA A authorizes the operation of aircraft

in the NAS by way of a special airworthiness certificate (SAC) to eight discrete types of

aircraft: primary, restricted, multiple, limited, light- sport aircraft, special flight permit,

provisional, and experimental.

A. Primary6

Aircraft i n the primary category are of a simple design and intended exclusively for pleasure

and personal use.7 Although these aircraft may be available for rental and flight instruction

under certain conditions, t he carrying of persons or property for hire is prohibited.8 Aircraft

certificated in this category must be manufactured under a production certificate.9 is

includes aircraft assembled from a kit under the production certificate holder’s supervision

and quality control system; however, kit- built aircraft bui lt without the production certificate

holder’s supervision are only eligible for certification in the experimental category.10

B. Restricted11

Operation of restricted category aircraft is limited to special purposes identified in the

applicable type design, including agricu ltur al (spraying, dust ing, seeding, and livestock and

predatory animal control); forest and wildlife conservation; aerial surveying (photography,

mapping, and oil and mineral exploration); patrolling (pipe lines, power lines, and canals);

weather control (cloud seeding); aerial advertising (skywriting, banner towing, airborne

signs, and public address systems); and any other operation specified by the admi nistrator.12

3 F. A  A., Sp ecial Airworth iness Certifica tes, Regulat ions & Policies, www.faa.gov/aircraft/air_cert/

airworthiness_certification/sp_awcert/sp_awcert_regs/.

4 F. A  A., Experimental Category, www.faa.gov/aircraft/air_cert/airworthiness_certification/sp_awcert/

experiment/.

5 Title 14 C.F.R. § 91.319, “Airc raft having exp erimental certi ficates: Operating L imitations.”

6 F. A  A., Special Airworthiness Certificate—Primar y, www.faa.gov/aircraft/air_cert/airworthiness_

certification/sp_awcert/primary/.

7 Id.

8 See 14 C.F.R. §§ 21.24 and 21.184.

9 Id.

10 Id.

11 F. A  A., Special Airworthiness Certificate—Restricted, www.faa.gov/aircraft/air_cert/airworthiness_

certification/sp_awcert/restrict/.

12 See 14 C.F.R. §§ 21.24 and 21.185.

Chapter 7: Airworthiness

137

C. Multiple13

Under certain circumstances, an aircraft owner may be entitled to multiple airworthiness

certificates.14 Operators may obtain an airworthiness certificate in the restricted category

and in one or more other categories except primary category, upon a showing of compli-

ance with the requirements for each c ategory, when the ai rcraft is configured for that cate-

gory, and when the aircraft can be c onverted f rom one categor y to another by removi ng or

adding equipment by simple mechanical means.15 Once the airworthiness certificates are

issued, the operator of the aircraft is obligated to have the aircraft inspected by the FAA

or a certificated mechanic to determine airworthiness each time the aircraft is converted

from restricted to standard categories.16

D. Limited17

A limited category SAC is issued to operate surplus military aircraft that have been

converted to civilian use under the following conditions: the aircraft has a limited

type certificate; the aircraft conforms to its type certificate; the FAA has determined

that the aircraft is safe to operate; or operations may not include carrying passengers

or cargo for hire.18 e FAA may prescribe additional limitations as necessary for safe

operation.19

E. Light-Sport Aircraft20

A light- sport aircraft (LSA) category SAC is issued to operate an aircraft that has not

bee n prev ious ly iss ued a n air wort hine ss cer tific ate o r an eq uiva lent a irwo rthi ness cert if-

icate by the United States or a foreign civil aviation authority; is in a condition for safe

operation; was built and tested to the applicable consensus standards by the aircraft’s

manufacturer; and possesses the manufacturer’s statement of compliance.21 Aircraft

classes that are eligible for LSA category SACs include airplanes, gliders, powered

parachutes, weight- shift- control aircraft (commonly called trikes), and lighter- than- air

aircraft (balloons and airships).22

13 F. A  A., Special Airworthiness Certificate—Multiple Airworthiness Certificates, www.faa.gov/aircraft/

air_cert/air worthiness_certificat ion/sp_awcert/multiple/.

14 Id.

15 Id.

16 See 14 C.F.R. § 21.187.

17 F. A  A., Special Airworthiness Certificate—Limited Category, www.faa.gov/airc raft/air_cert/ai rworthiness_

certification/sp_awcert/limited/.

18 Id.

19 See 14 C.F.R. § 21.189.

20 F. A A ., Special Airwor thiness Certificat e—Light Sport A ircraft Catego ry, www.faa.gov/aircraft/air_cert/

airworthiness_certification/sp_awcert/light_sport/.

21 Id.

22 See 14 C.F.R. § 21.190.