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Yes, let's do that (talk rationally)....
First, get off the high horse concerning CFR versus FAR. You are correct, but the regs used to be called FARs and several FAA publications still call them that. Second, unless you can quote a specific reference in CFR 14, there is no definition of "powered aircraft". Powered-lift, yes, but not powered aircraft. Therefore a motor glider is a powered aircraft (when the motor is operating) as are dirigibles, helicopters, gyrocopters, and the everpresent airplane. A motorglider certainly can cause confusion, and there are "holes" in the regs. I think you will find the requirements for instrument and night flight clearly apply to the motorglider. Third, if an aircraft is certified with a specific configuration that is different than stated in the CFRs, then the certification takes precedence. Changing the aircraft configuration can result in the aircraft coming under a restriction that did not previously apply. The change (via an STC, or 337, or other method) will normally detail what the restrictions are. Finally, your assertion that 91.205 does not apply to motorgliders is incorrect. Read 205 carefully and you will see it does distinguishes between airplane and aircraft. While a motor glider is never an airplane it is a powered aircraft when operating under power. Similarly, a motorglider under power cannot claim right-of-way over an airplane because the motorglider is certificated in the glider category. Paul "ADP" wrote in message ... Ok, let's talk about this rationally. The CFR 14 parts are interpreted every day by so-called experts and they haven't the slightest clue about the meaning and intent of these rules. The aviation rules encompassed by CFR Title 14 were initially written to be permissive. That is, if it wasn't specifically prohibited by regulation, then it was assumed to be allowable. This attitude has been somewhat modified by our all knowing government but it is still extant. Yes, a glider is an aircraft by definition but a motor glider is not a powered aircraft, by definition. By definition, a powered aircraft is one that has an engine that operates continuously from take off to touchdown. Even though your motor glider can do this, it is not required to. Finding this information is akin to reading the Federalist Papers to discern what the founding fathers meant. But, it can be done. Incidentally, regardless of what your FAR/AIM 2003 book says on the cover, there are no FARs, no Federal Air Regulations and no Federal Aviation Regulations. There is only the Code of Federal Regulations and for transportation, Title 14. Title 14 has parts with which you are familiar, i.e., 91, 61 121, 135 etc. It seems like 98% of the aviation population is unaware of this. There are many Motor Gliders flying around with uncertified engines, by regulation, no powered aircraft can do so. I'll let Judy look up the appropriate reg. With no powered aircraft may you, for example, remove the wings, de or re-rig it. You may do so with your motor glider. With sustainer engines the engine is not even a required piece of equipment. How do you reconcile this with powered aircraft requirements? The rules that specify powered aircraft were written for continuously operating engines. For example, in a motor glider you are not required to arrive anywhere with any fuel reserves or any fuel at all! How do you reconcile this with regulations for powered aircraft? In powered aircraft, except in an emergency, you may not turn off an engine in flight. When you turn your motor glider off in flight do you then become subject to a different set of rules? The answer is no, you do not. The clincher is that, in states that levy personal property tax on aircraft, there is often an exception for gliders and a resultant lower levy. This lower levy applies to motor gliders. Do you think a state would voluntarily give up a source of revenue? With due deference to Judy (and truthfully, she and many others are a marvelous fount of knowledge on this board), you are all assuming facts not in evidence. Todd, I am shouting for emphasis. Roger, good questions and reasonable arguments. And for Judy, the elements of 14 CFR 91.205 do not apply to motor gliders since they are not powered aircraft. If you assume that 91.205 applies to motor gliders then you would also have to apply 14 CFR 91.213 and you would violate the CFRs every time you turned off your engine in flight. My motor glider limits the use of lights and certain other electrical components to 10% of the running time of the engine. Which CFR should I violate? Keeping my rotating beacon on or not adhering to the POH? Go back to the deliberations and exchanges associated with the 1997 changes to the FAR's. (Yes, they were FARs back then) to divine the intent of the current regulations. You will find that, at no point was it ever discussed or envisioned that motor gliders were to be powered aircraft under the statutes. Let the games begin! Allan "Robertmudd1u" wrote in message ... In article , "ADP" writes: A motor glider is NOT a powered Aircraft!!!! It is a glider with a motor. You err. Check your airworthiness certificate. It says GLIDER. No rule applicable to powered aircraft is applicable to a Motor Glider. Let me say it one more time, a motor glider is a GLIDER with a Motor and is NOT a powered aircraft. Write it 1000 times, a motor glider is a GLIDER! Allan Allan, Judy is the recognized expert on the FAR in this news group. When you go up against her about the FARs you need to reference your opinion or you have no validity. Judy always refers to the correct FAR to back up her statements. You should too. What is your reference for such a strong statement? According to my copy of FAR 1.1 General Definitions, both a glider an airplane would be considered aircraft because they are both, "...intended to be used for flight in the air." Robert Mudd |
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