About Aerobatic Waivers

At the start of every contest season there are questions about aerobatic waivers. It may be helpful if I share a bit of what I’ve learned about them after helping many IACers, sitting in many meetings with the FAA, and enjoying many discussions with IAC Government Relations Chair John Smutny and his sadly gone but not forgotten compatriot, Jerry Riedinger.

I am not an aviation attorney so keep in mind that nothing I’m writing here is a legal opinion.

Also, I am writing this from a USA perspective. I’d love to hear your perspective if you live in another country.

The Right Mindset

Let’s get in the right mindset for applying for a waiver:

• Try to avoid defensive thinking. It’s not rude to ask for a waiver. It’s not silly. It’s not greedy. It’s not dangerous. It’s the process created by the government so you can fly aerobatics. You have nothing to feel self-conscious about or apologize for.

• Your application isn’t an exam. Look at your waiver application as a way of asking “Can I fly aerobatics here?” If the answer is “No” then you will be told why and have a chance to amend the application and try again.

• Being polite will never hurt your situation but accept that you may not be able to win over locals.

• Expect success.

The Common Questions I Receive

• Can I get a waiver to fly near a VOR or an airway?
• What if my local airport manager doesn’t want me to have a waiver?
• What if there is a noise complaint?
• If I have a waiver, does that mean I have physical access on the ground so I can put someone near that area to observe?

Can I Get a Waiver to Fly Near a VOR or an Airway?

Yes, the purpose of a waiver is to allow you to do something that would otherwise be illegal. The law is waived if you have a waiver. Don’t let the existence of an airport, VOR, airway, or any other airspace feature prevent you from applying for a waiver.

Common sense probably tells you that there are some places where a waiver application is futile and could make you look like a dingbat. Don’t expect authorization to fly aerobatics over Disney World or Wrigley Field, for example. Setting those extreme cases aside, it’s the FAA’s job to determine whether the airspace can support your waivered activity. Leave this job to them.

What if My Local Airport Manager Doesn’t Want Me to Have a Waiver?

The FAA will reach out to the airport manager and whoever else they feel the need to as they evaluate your waiver application. You do not have to secure airport manager approval prior to submitting a waiver application.

DRS 8900.1, Volume 3 (General Technical Administration), Chapter 6, item 7a states:

At times airport management may attempt to prohibit ACB activities, citing safety or efficiency reasons. However, the owner or operator of any airport that has been developed or improved with Federal grant assistance (referred to as “federally obligated”) is required to operate the airport for the use and benefit of the public and to make it available for all types, kinds, and classes of aeronautical activity without granting an exclusive right.

It goes on to say that concerns about safety must be based on evidence and that the safety rationale should be scrutinized. So, you do not have to worry that airport managers can simply cite “safety” and end the application right there. The FAA will seek to determine if their safety concerns are real.

I’ve heard about all kinds of strategies people employ to win over airport managers. Unfortunately, some airport managers take advantage of IACers and force them into concessions they don’t have to make or convince them not to apply for a waiver at all. Keep in mind that if the airport is accepting tax dollars the airport manager’s opinion may not factor in the FAA’s decision at all.

For your safety, I highly recommend you practice over an airport. I’ve always felt safest with a ground observer and a second set of eyes on the ground, one with a radio to talk to me and one with a radio to talk to local traffic. To me the best waivered airspace is at a towered airport that doesn’t have a lot of traffic.

What if There is a Noise Complaint?

Direct noise complaints to the FAA. The FAA is responsible for aviation noise issues, not you. We all want to be good neighbors, but it is just not possible to satisfy every individual on the ground with their own schedules and independent ideas about how much quiet time they should expect.

The FAA assumes you will be flying your airplane whether you have a waiver or not, so one value of a waiver to the FAA is they can control where and when the noise will be. Therefore, it is not likely that your waiver will be denied due to noise concerns if the waivered airspace is over an airport.

If I Have a Waiver, Does That Mean I Have Physical Access on the Ground?

Generally, yes, if we are talking about public airports and the portions of the airport property that are accessible without special access.

While every airport is different, you should expect people on your team (coach, radio operator, spotter, judge, camera person) to enjoy access to areas that are accessible to private pilots. If you have a waiver for a contest at an airport, the assumption is that airport staff will work with you to get you access to the areas you need for the contest. Airports should not put up roadblocks to prevent your waivered operations.

If you think that your local airport staff are dealing with you unfairly and creating roadblocks, that’s a good reason to reach out to IAC Government Relations at govtrelations@iac.org.

Conclusion

If at any point you need help from someone who is on your side, contact the IAC Government Relations team by emailing govtrelations@iac.org.

There isn’t a lot of space here so I couldn’t get too detailed, but you can reach me at president@iac.org if you have any other questions or want to share your experience. Be safe and have fun!