Mike McN - I disagree with your interpretation. In my reading of the regs,
an ultralight vehicle cannot be classified as any category of aircraft, even
if it looks like a glider. Since there is no minimum weight for a glider,
you can certainly register one like the Sparrowhawk, but then it becomes a
glider (a category of aircraft) and ceases its life as an ultralight! It
then has to meet all the appropriate regulations. The FAA is quite clear
about this and has published several notes to this effect. This is also
contrary to the interpretation of Eric's FSDO.
Towing of gliders is clearly described in the FARs, whereas towing of
ultralights is not. Presumably the drafters of the regulations never
considered the possibility that an unlicensed unregistered ultralight would
want to be towed by an airplane.
It's also quite clear that the FARs have some ambiguity, since we can't
agree on their interpretation. Since towing ultralights is a gray area that
needs clarification, your local friendly FSDO is the place to get this.
You might find, however, that interpretation of the FARs varies between
interpretors!
I'd want to get something in writing!
Mike
"Eric Greenwell" wrote in message
...
Jack wrote:
Michael McNulty wrote:
The Sparrowhawk meets the explicit legal definition
of "GLIDER" given in the FARs.
A reasonable definition, yes. A legal definition is another thing,
especially when it comes from an administrative source such as the FAA.
Do we have case on point to use as a precedent, or are we just chasing
our tails?
There are soaring operations quite happy to tow the SparrowHawk, having
satisfied themselves it is both legal and insured to do so, which
establishes a precedent satisfactory to me.
Not exactly a precedent, but Tom Seim reported this info in a May 6 2004
posting):
I contacted the Spokane FSDO and spoke to Chuck Roberts (800-341-2623)
about this. He did not think there was any problem towing ultralights,
providing they were compatible with the tow plane (Vne). The
definition of glider and aircraft does not include any mention of
certification, so an ultra-light is an aircraft and an ultra-light
glider is a glider per the FARs. He did allow that the FARs do refer
to ultra-lights as "vehicles" instead of aircraft. He said the purpose
here is to prevent ultra-lights from becoming entangled with other
FARs that cover "aircraft". Chuck said that if you want to get the
issue resolved you can write him (or any FSDO) a letter requesting a
clarification of the FARs. This would then be forwarded to FAA legal
who would (eventually) issue a ruling. Also, the tow plane operator
can request a waiver to tow ultra-lights, but the waiver would only be
valid for that particular tow plane.
So, I do think there is some tail-chasing going on. I suggest people
adamant about their interpretations do as Tom did, contact their FSDO,
then report the result.
--
Change "netto" to "net" to email me directly
Eric Greenwell
Washington State
USA
|