ACE-15-133-E

Exemption No. 16648

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of 

TERRAFUGIA, INCORPORATED

for an exemption from §§ 21.181(a)(3)(i), 

21.190(a), 43.3(c), 43.7(g), 61.89(c)(1), 

61.303(a), 61.315(a), 61.411(a), 61.415(a), 

61.429(b), 65.107(b) and (c) of Title 14, 

Code of Federal Regulations

Regulatory Docket No. FAA-2014-0935

GRANT OF EXEMPTION

By letter dated November 4, 2014, Mr. Carl Dietrich, Ph.D., CEO/CTO, Terrafugia, 

Incorporated (Terrafugia), 23 Rainin Rd., Woburn, MA, 01801, petitioned the Federal 

Aviation Administration (FAA) on behalf of Terrafugia for an exemption from §§ 21.175, 

21.181, 21.182, 21.190, 21.191, 21.193, 43.1, 43.3, 43.7, 61.1, 61.23, 61.31, 61.45, 61.89, 

61.113, 61.303, 61.305, 61.315, 61.317, 61.321, 61.325, 61.327, 61.403, 61.405, 61.411, 

61.415, 61.417, 61.419, 61.423, and 61.429 of Title 14, Code of Federal Regulations (14 

CFR). The proposed exemption, if granted, would allow the Terrafugia Model Transition® to 

be certificated, operated, and maintained under the regulations applicable to aircraft issued a 

special airworthiness certificate in the light-sport category with a maximum takeoff weight

(MTOW) of 1,800 pounds and a maximum stalling speed (VS1) of 54 knots calibrated airspeed

(CAS) at the aircraft’s maximum certificated takeoff weight and most critical center of 

gravity.

To obtain the desired relief, the petitioner requires exemption from the following 

regulations:

 Section 21.181 prescribes, in pertinent part, that:

(a) Unless sooner surrendered, suspended, revoked, or a termination date is 

otherwise established by the FAA, airworthiness certificates are effective as 

follows:‖

(3) A special airworthiness certificate in the light-sport category is effective as 

long as—
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(i) The aircraft meets the definition of a light-sport aircraft.

Section 21.190 prescribes, in pertinent part, that: 

(a) Purpose. The FAA issues a special airworthiness certificate in the lightsport category to operate a light-sport aircraft, other than a gyroplane.

Section 43.3 prescribes in pertinent part, that: 

(c) The holder of a repairman certificate may perform maintenance, preventive 

maintenance, and alterations as provided in part 65 of this chapter.

Section 43.7 prescribes in pertinent part, that:

(g) The holder of a repairman certificate (light-sport aircraft) with a 

maintenance rating may approve an aircraft issued a special airworthiness 

certificate in light-sport category for return to service, as provided in part 65 of 

this chapter.

Section 61.89 prescribes in pertinent part, that:

(c) A student pilot seeking a sport pilot certificate must comply with the 

provisions of paragraphs (a) and (b) of this section and may not act as pilot in

command—

(1) Of an aircraft other than a light-sport aircraft.

Section 61.303 prescribes in pertinent part, that:

(a) Use the following table to determine what operating limits and endorsement 

requirements in this subpart, if any, apply to you when you operate a light-sport 

aircraft. The medical certificate specified in this table must be in compliance 

with § 61.2 in regards to currency and validity. If you hold a recreational pilot 

certificate, but not a medical certificate, you must comply with cross country 

requirements in § 61.101 (c), even if your flight does not exceed 50 nautical 

miles from your departure airport. You must also comply with requirements in 

other subparts of this part that apply to your certificate and the operation you 

conduct.

If you hold And you hold Then you may operate And

(1) A 

medical 

certificate

(i) A sport pilot 

certificate,

(A) Any light-sport aircraft 

for which you hold the 

endorsements required for 

its category and class

(1) You must hold any other 

endorsements required by this 

subpart, and comply with the 

limitations in § 61.315.

(ii) At least a 

recreational pilot 

certificate with a 

category and class 

rating,

(A) Any light-sport aircraft 

in that category and class,

(1) You do not have to hold any 

of the endorsements required by 

this subpart, nor do you have to 

comply with the limitations in 

§ 61.315.

(iii) At least a 

recreational pilot 

(A) That light-sport 

aircraft, only if you hold 

(1) You must comply with the 

limitations in § 61.315, except 
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certificate but not a 

rating for the 

category and class of

light-sport aircraft 

you operate,

the endorsements required 

in § 61.321 for its category 

and class,

§ 61.315(c)(14) and, if a private 

pilot or higher, § 61.315(c)(7).

(2) Only a 

U.S. driver's 

license

(i) A sport pilot 

certificate,

(A) Any light-sport aircraft 

for which you hold the 

endorsements required for 

its category and class.

(1) You must hold any other 

endorsements required by this 

subpart, and comply with the 

limitations in § 61.315.

(ii) At least a 

recreational pilot 

certificate with a 

category and class 

rating,

(A) Any light-sport aircraft 

in that category and class,

(1) You do not have to hold any 

of the endorsements required by 

this subpart, but you must 

comply with the limitations in 

§ 61.315.

(iii) At least a 

recreational pilot 

certificate but not a 

rating for the 

category and class of

light-sport aircraft 

you operate,

(A) That light-sport 

aircraft, only if you hold 

the endorsements required 

in § 61.321 for its category 

and class,

(1) You must comply with the 

limitations in § 61.315, except 

§ 61.315(c)(14) and, if a private 

pilot or higher, § 61.315(c)(7).

Section 61.315 prescribes, in pertinent part, that:

(a) If you hold a sport pilot certificate you may act as pilot in command of a 

light-sport aircraft, except as specified in paragraph (c) of this section.

Section 61.411 prescribes in pertinent part, that:

―Use the following table to determine the experience you must have for each 

aircraft category and class:‖

If you are applying for a flight 

instructor certificate with a 

sport pilot rating for . . .

Then you must 

log at least . . . Which must include at least . . .

(a) Airplane category and singleengine class privileges,(1) 150 hours of 

flight time as a 

pilot,

(i) 100 hours of flight time as pilot in 

command in powered aircraft,

(ii) 50 hours of flight time in a singleengine airplane,

(iii) 25 hours of cross-country flight time,

(iv) 10 hours of cross-country flight time in 

a single-engine airplane, and

(v) 15 hours of flight time as pilot in 

command in a single-engine airplane that is 
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a light-sport aircraft.

Section 61.415 states in pertinent part, that:

If you hold a flight instructor certificate with a sport pilot rating, you may only 

provide flight training in a light-sport aircraft and are subject to the following 

limits:

(a) You may not provide ground or flight training in any aircraft for which you 

do not hold:

(1) A sport pilot certificate with applicable category and class privileges or a 

pilot certificate with the applicable category and class rating; and

(2) Applicable category and class privileges for your flight instructor certificate 

with a sport pilot rating.

Section 61.429 states in pertinent part, that:

If you hold a flight instructor certificate, a commercial pilot certificate with an 

airship rating, or a commercial pilot certificate with a balloon rating issued 

under this part, and you seek to exercise the privileges of a flight instructor 

certificate with a sport pilot rating, you may do so without any further showing 

of proficiency, subject to the following limits:

(b) You must comply with the limits specified in § 61.415 and the 

recordkeeping requirements of § 61.423.

Section 65.107 states in pertinent part, that:

(b) The holder of a repairman certificate (light-sport aircraft) with an 

inspection rating may perform the annual condition inspection on a light-sport 

aircraft:

(1) That is owned by the holder;

(2) That has been issued an experimental certificate for operating a light-sport 

aircraft under § 21.191(i) of this chapter; and

(3) That is in the same class of light-sport-aircraft for which the holder has 

completed the training specified in paragraph (a)(2)(ii) of this section.

(c) The holder of a repairman certificate (light-sport aircraft) with a 

maintenance rating may—

(1) Approve and return to service an aircraft that has been issued a special 

airworthiness certificate in the light-sport category under § 21.190 of this 

chapter, or any part thereof, after performing or inspecting maintenance (to 

include the annual condition inspection and the 100-hour inspection required 

by § 91.327 of this chapter), preventive maintenance, or an alteration 

(excluding a major repair or a major alteration on a product produced under an 

FAA approval);

(2) Perform the annual condition inspection on a light-sport aircraft that has 

been issued an experimental certificate for operating a light-sport aircraft under 

§ 21.191(i) of this chapter; and
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(3) Only perform maintenance, preventive maintenance, and an alteration on a 

light-sport aircraft that is in the same class of light-sport aircraft for which the 

holder has completed the training specified in paragraph (a)(3)(ii) of this 

section. Before performing a major repair, the holder must complete additional 

training acceptable to the FAA and appropriate to the repair performed.

The petitioner supports its request with the following information:

The petitioner states for the past eight years Terrafugia has been developing the Transition® 

street-legal airplane for the Light-Sport Aircraft (LSA) market. The petitioner states the 

Transition® incorporates a large number of features not required for a typical LSA, but which 

are designed to provide substantial safety benefits and satisfy applicable Federal Motor 

Vehicle Safety Standards (FMVSS). The petitioner states these safety features add a 

significant amount of weight to the aircraft, causing the Transition® to be heavier than the 

regulatory weight limits for an LSA.

In 2010, in consideration of some of these safety features, the FAA granted a weight 

allowance of 110 pounds for the Transition® to use the 1,430-pound weight limit for LSA 

intended for operation on water, instead of the 1,320-pound weight limit for LSA not intended 

for operation on water (Exemption No. 10072). In its latest petition, Terrafugia states its

engineering team has made its best effort to refine the design of the aircraft’s safety systems to 

fit within the extra weight permitted by the exemption, but it was not sufficient to achieve the 

desired level of safety. Therefore, Terrafugia is requesting an exemption for the Transition® 

to permit the aircraft to be certificated, operated, and maintained under the regulations 

applicable to LSA at a higher MTOW and with an increased stall speed.

The petitioner states the primary need for the additional weight in excess of that specified in 

the regulations for an LSA is the incorporation of systems and structures necessary for safe 

road use in general and crashworthiness in particular. In order to be roadworthy, the 

Transition® has been designed to comply with a number of the FMVSS, most notably those 

standards applicable to frontal impact crash scenarios. The petitioner notes that the occupant 

protection features incorporated into the Transition® to meet these FMVSS-based crash 

scenarios, incur substantial weight penalties over the structure typically found in an LSA. 

However, the petitioner notes that these features may provide an additional level of safety 

when evaluating the aircraft’s crashworthiness.

The petitioner submitted the following information indicating those design changes necessary 

to meet the applicable FMVSS and the corresponding weight penalties incurred to meet those 

standards:

Basic LSA Weight Definition 1,320 lbs.

Safety Feature Weight Penalty

Occupant Protection – Structural
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Survivable Volume 44 lbs.

Energy Absorption 25 lbs.

Total Structural Components 69 lbs.

Occupant Protection – Non-Structural

Seat Belt System 13 lbs.

Knee Bolsters 10 lbs.

Door Retention and Functionality 13 lbs.

Seats and Headrests 10 lbs.

Head Impact Protection 6 lbs.

Total Occupant Protection Systems 52 lbs.

Roadability Systems

Fuel Measurement & Containment 8 lbs.

Ground Handling (Steering, Suspension, & 

Braking) 

150 lbs.

Ground Drive System 84 lbs.

Ground Visibility 24 lbs.

Total Roadability Systems 266 lbs.

Enhanced Flight Safety

Ballistic Recovery System 36 lbs.

Total Enhanced Flight Safety 36 lbs.

Total Weight Penalty 423 lbs.

Contingency (weights shown are estimates) 57 lbs.

Requested Maximum Takeoff Weight 1,800 lbs.

The petitioner states that additional weight required to meet FMVSS also compels it to 

petition for an increase in allowable stall speed. Due to the dimensional constraints of road 

use (e.g., lane width, parking space size, garage height, etc.), Terrafugia notes that it is not 

feasible to increase the wing span or wing area of the aircraft to proportionally keep stall 

speed constant as its weight has increased. Based on a spectrum of pilot experience, 

Terrafugia indicates that the necessary stall speed increase will not affect the underlying safety 

intent that an LSA be easy-to-fly.

The petitioner states one of the key safety benefits the Transition® provides is that a pilot will 

no longer be tempted to fly into marginal conditions for fear of being stranded by poor 

weather. Instead, pilots of the Transition ® will be able to land at the nearest airport and drive 

safely to their destinations. However, to realize this additional utility, the petitioner notes that 

the Transition® must be designed to meet minimum safety standards for road use, including 

several of the FMVSS pertaining to Multi-Purpose Passenger Vehicles. The petitioner asserts 

that this need drives a level of crash safety and occupant protection unmatched in other light 

aircraft through the incorporation of energy absorption features, maintenance of a survivable 

cabin volume, and the use of proven occupant restraint technology.
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The petitioner states that allowing the Transition® to come to market certified in the lightsport category is in the public interest. Terrafugia asserts that both short and long term 

benefits result from granting its petition and that these diverse benefits would enhance

General Aviation (GA) utility and safety, provide economic benefit to the United States;

foster Science, Technology, Engineering, and Mathematics (STEM) education and inspiration, 

and establish a key first step in the advancement of the value of personal aviation to the 

people of the United States by addressing the largest barriers to the more widespread use of 

GA for transportation. According to Terrafugia, the Transition® will serve as an example to 

the GA industry of what can be accomplished with the incorporation of crashworthiness 

features into light aircraft. Terrafugia further notes that field experience gained with the 

Transition® will also help drive future improvements in crashworthiness both for later models 

of the Transition®, other products developed by Terrafugia, and similar vehicles developed by 

others.

The petitioner states that on average, a U.S. commuter spends 54 minutes in traffic each day, 

travelling at an average speed of 17 mph. It further notes that 8 percent of commuters travel 

longer than 60 minutes one way. Combined with the number and earnings of full-time wage 

and salary workers in the U.S., this represents over $650 billion in lost productivity annually. 

Beyond the monetary cost of commuting, Terrafugia notes that a host of health and emotional 

problems also result from long commutes including obesity, stress, divorce, and insomnia. 

The petitioner states that development of the Transition® is a key step toward a transportation 

future that utilizes personal aviation more and automotive commuting less.

The petitioner states the Transition® was designed from the start to be an easy-to-fly aircraft –

in the spirit of the sport pilot/light-sport aircraft rule. Terrafugia states that the aircraft has a 

high stability margin, good stall warning characteristics, and significant stall margin during 

takeoff and landing maneuvers. The conversion of the Transition® from an airplane to a car 

does not add complexity to its operations as an airplane (or as a car). The conversion 

mechanism is automated and operated from inside the cockpit: the pilot does not need to 

perform any mechanical operations to convert the aircraft from a vehicle capable of flying to 

driving or vice versa.

The petitioner concludes that granting this exemption is in accord with the original spirit of 

light-sport rulemaking and serves safety, the GA industry, and the public good.

Summary of Comments Received:

A summary of the petition was published in the Federal Register on December 30, 2014

(79 FR 78554). The FAA received and considered 286 comments submitted during and 

shortly after the comment period. Of the submissions, 270 commenters were in favor of the 

petition submitted by Terrafugia and 16 commenters were in opposition to Terrafugia’s

petition. 
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The 270 commenters in favor of the petition support granting Terrafugia’s request for an 

increased MTOW and stall speed for its Transition® design. A total of 182 of these 

commenters support Terrafugia’s petition based upon: (1) their confidence in Terrafugia’s 

abilities and an interest in the company’s success, (2) their desire for innovation, (3) the need

for change in general aviation, (4) advancement in technology, (5) favorable support for dualpurpose vehicles, (6) inclusion of automotive occupant safety in airplanes, (7) breaking the 

boundaries of arbitrary regulations, (8) wanting the U.S. to lead the way into the future of 

transportation, and (9) keeping the regulatory system from stifling ingenuity. A total of 66

commenters specifically support the increase in MTOW and stall speed because the aircraft:

(1) is a unique design subject to both the FAA and the National Highway Traffic Safety 

Administration (NHTSA) regulations, (2) incorporates modern crashworthiness technology, 

(3) will foster growth in the general aviation industry, and (4) will spur innovation in the 

development of dual-purpose vehicles that will increase safety in transportation. A number of 

commenters also asserted that the Terrafugia Transition® design meets the original ―intent‖ 

and ―spirit‖ of the LSA regulations which some consider to be unnecessarily limiting.

Sixteen commenters support the petition, but also make a case for consideration of additional 

rules or rule changes to accommodate a special roadable category and class of aircraft to better 

define requirements for the Transition® and other similar designs. Three commenters

recommended not only that that the petitioner’s request be granted but also that the requested 

relief of an increased MTOW be applied to all LSA. One commenter suggests there could be 

special training requirements established to operate the Transition®. One commenter supports 

the petition pending FAA testing to verify the aircraft’s handling and performance. Another 

commenter requests consideration of a more affordable Transition®.

The 16 commenters in opposition to Terrafugia’s petition are concerned the Transition® 

design may not meet the clearly stated requirements of the LSA definition. Nine commenters

believe that Terrafugia should either meet the certification requirements of the current LSA 

regulations or meet other appropriate certification regulations. Several commenters point out 

that the LSA regulations were established for the specific purposes of addressing the 

certification of ―light‖ aircraft, allowing the use of simplified certification standards,

certificating pilots with a minimum level of flying experience, and fostering the introduction 

of lower cost of aircraft. Three commenters suggest that the Transition® could pose safety 

issues for sport pilots because of its unique flight characteristics, including its higher stall 

speed. Two commenters are opposed to the increase in weight and stall speed for the 

Transition® unless these same increases are allowed for all LSA designs, further indicating 

support for a change to the definition of LSA. One commenter suggests the petitioner develop 

a design change to eliminate the need for a higher stall speed while another commenter 

suggests that the Transition® be certificated as a different class of aircraft.

Additional Information Provided by Terrafugia at the FAA’s Request:

At the FAA’s request, on July 31, 2015, Terrafugia provided the following additional 

documents in support of the FAA’s analysis of Terrafugia’s petition:
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1. Maintenance of the Transition® Light Sport Aircraft: which includes Terrafugia’s 

answers to many frequently asked questions about the maintenance of the Transition®.

Terrafugia notes that this document clarifies that while the Transition® is capable of 

both being flown and driven, it is primarily an LSA airplane from a maintenance 

perspective.

2. LSA Airplane Accidents: Transition® Improvements to Safety: which the petitioner uses 

to quantify the safety benefits of the Transition and support its claim that the

Transition® could achieve a much higher level of safety than that found in Light Sport 

Aviation today.

Copies of these documents have been placed in the docket.

The FAA’s analysis is as follows:

Background

The Aircraft Certification Service (AIR) Strategic Plan for Light-Sport Aircraft sets forth

AIR’s strategy for the continued support of the special light-sport aircraft (SLSA) segment of 

the general aviation community and the continued safe integration of SLSA operations. This 

document reflects the objectives and goals of Aircraft Certification Service AIR: 2018 and 

outlines tactical methods for achieving these objectives with safety as a first priority.

One of the objectives identified in the strategic plan for LSA is ―innovation.‖ This objective 

was established to enable and facilitate innovation in recreational aviation and encompasses

the development of safety enhancing, energy efficient, and environmentally responsible 

products. The implementation strategy for achieving this objective is for the FAA to:

(1) Support development of design standards for emerging SLSA concepts.

(2) Consider rulemaking to acknowledge the unique needs of emerging SLSA designs.

(3) Develop policy to support emerging vehicle technologies, addressing the 

relationship between ASTM standards and other transportation authority 

requirements that may be applicable to these concepts. 

(4) Explain processes to industry that may allow companies to introduce new and 

innovative technology or new designs in LSA, and how they may eventually 

pursue FAA design certification, if desired.

Accordingly, fostering the development of roadable SLSA is in accordance with the FAA’s 

stated strategic goals. Another objective identified in the strategic plan for LSA addresses the 

―regulatory future‖ of these aircraft. This objective was established to provide an appropriate, 

competitive, and fair regulatory structure to allow SLSA to maintain FAA safety goals, 

accommodate innovation, and continue international leadership and harmonization. The 

FAA’s implementation strategy for this objective is as follows:
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(1) Actively plan for the future of SLSA to determine what boundaries we need to 

maintain regarding the type of aircraft that could be included as future SLSA.

(2) Review current LSA rules and identify any needed changes and/or additional 

rulemaking to allow SLSA to maintain FAA safety goals.

(3) Continue to identify appropriate changes to regulations, policy, and consensus 

standards to allow continuous improvement of the light-sport program.

The FAA strives to achieve the safety goals set forth in these implementation strategies and 

follows a philosophy that reflects the safety continuum. The FAA recognizes the public 

expects progressively higher levels of safety assurance as aircraft complexity, passenger 

carrying capability, performance, and operational usage advance from recreational aviation, 

through small type-certificated aircraft, and up to large aircraft used for air carrier service and 

other uses. The FAA establishes safety standards consistent with this continuum by evaluating 

the appropriate level of safety and acceptable level of risk for each segment of GA. The 

anticipated operation of the aircraft plays a major role in establishing this continuum and in 

setting appropriate safety standards.

Within the SLSA segment of the safety continuum, the FAA has designed its rules to establish 

appropriate regulatory standards to permit individuals to safely operate aircraft for the purpose 

of sport and recreation. The FAA agrees with commenters to this petition that recognize 

SLSA regulations were meant for the operation of simple ―light‖ aircraft with simplified 

certification standards by pilots with a minimum level of flying experience at lower cost. The

FAA notes that the MTOW limits specified for LSA in 14 CFR 1.1 accounted for the 

inclusion of certain features in those aircraft that can provide an additional safety benefit, such 

as ballistic parachute recovery systems and other safety enhancing features. The typical weight 

of these features was considered in establishing a final MTOW for LSA that was greater than 

proposed in the original Notice of Proposed Rulemaking (NPRM), Certification of Aircraft 

and Airmen for the Operation of Light-Sport Aircraft (67 FR 5268; February 5, 2002). The 

FAA believes it has achieved an acceptable balance between enabling innovation and 

regulating safety in the regulations governing the certification and operation of LSA. 

While the LSA regulations do not prevent the introduction of occupant protection features, the

FAA notes that it did not consider the additional weight required for FMVSS-based occupant 

protection technology and systems necessary for road use when establishing the MTOW and

minimum stall speed for LSA. The FAA, however, believes that incorporation of FMVSSbased occupant protection standards will provide a safety benefit over other SLSA, since FAA 

accepted SLSA standards do not specify specific crash scenarios, or applicable occupant 

survival criteria that must be met other than requiring basic occupant restraints in the aircraft.

The FAA notes that the Transition® introduces frontal crash design features to meet the 

FMVSS standards for a 30 mph frontal crash, which translate into to a forward deceleration of 

over 30 g's, vs. the typical 9 g forward deceleration requirements for aviation restraint systems 

set forth in ASTM International Standard F2245.
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Analysis

The FAA has reviewed Terrafugia’s request for an exemption to allow its Transition® to be 

certificated under the regulations applicable to SLSA while incorporating FMVSS-based 

occupant protection features and roadability systems at an MTOW of 1,800 pounds and a 

maximum stall speed (VS1) of 54 knots CAS at the aircraft’s maximum certificated takeoff 

weight and most critical center of gravity. The FAA considers Terrafugia’s petition 

significantly different from other petitions for relief from certification standards as the

Transition aircraft is a unique design that must simultaneously meet both ASTM standards for 

LSA and FMVSS. 

The FAA considered a number of factors while conducting its review to determine whether 

granting the petitioner’s request would be in the public interest and whether the requested 

relief would provide a level of safety at least equal to that provided by the rules or not

adversely affect safety. In considering these factors, the FAA also specifically considered its

strategic goal to reduce fatal GA accidents by making them more survivable, its strategic plan 

to encourage the development of standards for roadable LSA designs, the well-established 

safety continuum, the agency’s changing approach to regulatory oversight of small typecertificated airplanes and SLSA, comments received from the public, and the agency’s own 

research. 

The FAA has specifically denied previous petitions for exemption from the certification 

provisions for SLSA, where the petitioner requested relief from meeting the MTOW 

parameter specified in the definition of LSA in § 1.1 for operational considerations in those 

instances where the aircraft design did not incorporate unique and distinguishable design or

operational features. However, the FAA has previously granted exemptions to certificate and 

operate ―roadable‖ SLSA. Exemptions have been granted for SLSA certification of the 

―prototype‖ design of the Terrafugia Transition® (see Exemption No. 10072), and SLSA 

certification of the ITEC Maverick powered parachute (see exemption No. 10299). In both 

instances the aircraft exceeded the MTOW specified in § 1.1 for LSA not intended for 

operation on water, due to the incorporation of ground drive systems and equipment required 

by other regulatory agencies. This petition clearly requests similar relief. Although the FAA 

originally intended to limit the scope of this relief to permitting a MTOW of 1,430 pounds, a 

review of the aircraft’s more mature design indicates that such a limitation was neither 

technically feasible nor warranted by any specific safety consideration. 

The petitioner states that the Transition® incorporates a large number of features not required 

for a typical SLSA, but which are designed to provide substantial safety benefits. 

Additionally, the Transition includes features such as an Angle of Attack (AOA) indicator and 

a ballistic recovery complete-aircraft parachute system. These safety features add a significant 

amount of weight to the aircraft, yet provide an enhanced level of safety for its occupants. The 

petitioner states that the primary reason it requires the additional weight for its aircraft design 

is the incorporation of systems and structure required for safe road use in general, and 

crashworthiness in particular. Data submitted by the petitioner indicates that accidents 

involving airplanes that are equipped with safety features required to meet FMVSS are more 

survivable than accidents in similar airplanes which are not equipped with these features. The 
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petitioner states this additional weight also necessitates Terrafugia’s petition for an increase in 

allowable stall speed. The petitioner further states the dimensional constraints required for 

road use (e.g., lane width, parking space size, garage height, etc.) impose design limitations on

the wing span of the aircraft. Accordingly it is not feasible for the petitioner to increase the 

wing area proportionally with the aircraft’s increased weight as a means of reducing the 

aircraft’s stall speed. The added weight and increased stall speed are therefore directly 

attributable to the specific design constraints of the vehicle for road use. The added weight 

and increased stall speed are a result of meeting the FMVSS-based requirements for occupant 

protection features and for public road use.

The FAA agrees with the 182 commenters who expressed a desire for innovation, a need for 

change in general aviation, advancement in technology, support for dual-purpose vehicles,

inclusion of automotive occupant safety features in airplanes, breaking the boundaries found 

in current regulations, wanting the U.S. to lead the way into the future of transportation, and 

keeping the regulatory system from stifling ingenuity.

Additionally, the FAA agrees with the 66 commenters who support the increase in MTOW

and stall speed based on: the need for the unique aircraft design to meet both FAA and 

NHTSA regulations; the benefits of including crashworthiness technology that provides a 

level of safety in excess of that mandated for SLSA; Congressional mandates to foster growth 

in the general aviation industry, and the need to foster innovation in the development of a 

dual-purpose vehicle with occupant safety enhancements. 

The FAA will continue to evaluate the 16 comments in support of the petition which request 

that the agency consider additional rules or rule changes that would accommodate a special 

category or class of roadable aircraft to better accommodate the Transition® and other similar

designs. Three commenters suggest that the relief requested by the petitioner be applied to all 

LSA. However, such recommendations are also more appropriately the subject of petitions for 

rulemaking action.

The FAA disagrees with the commenters in opposition to Terrafugia’s petition because of

concerns with the Transition® design not meeting the parameters of the LSA definition. In 

establishing the LSA definition, the FAA sought to ensure that LSA flight characteristics are 

consistent with the skills and training of the sport pilot. In issuing the sport pilot/LSA rule, the 

FAA believed that pilots operating an aircraft with an MTOW that exceeds that established by 

the rule should hold at least a private or recreational pilot’s certificate. However, the FAA has 

concluded that granting relief for an aircraft with an MTOW of 1,800 pounds and a maximum 

stall speed (VS1) of 54 knots for the Transition®, by taking into account its crashworthiness, 

will provide a level of safety equivalent to that of an SLSA aircraft without these features. 

Accordingly, subject to verification in accordance with the conditions imposed by this 

exemption, the FAA believes that this determination supports a finding that these aircraft can 

be operated by persons exercising the privileges of a sport pilot and that flight instruction in 

these aircraft can be provided by flight instructors with a sport pilot rating.
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One commenter suggests that there could be special training requirements established to 

operate the Transition®. One commenter supports the petition pending FAA testing. One

commenter requests consideration of a more affordable Transition®. These comments,

however, do not provide any specific substantiation for or against the Transition® to be

certificated, operated, and maintained under the regulations applicable to aircraft issued a

special airworthiness certificate in the light-sport category, while operating with an MTOW of 

1,800 pounds and a maximum stall speed (VS1) of 54 knots. The FAA may consider 

evaluating the performance and handling of the Transition® to verify that it is compatible 

with the skills of a person exercising sport pilot privileges.

The FAA has also determined that maintenance and preventive maintenance can be performed 

on the Transition® by persons who are authorized to perform such actions on aircraft that 

meet the definition of an LSA. The FAA has determined that the incorporation of FMVSSbased occupant protection and other ―roadable‖ features included as part of the design and 

performance of the Transition® do not add complexity to the maintenance and inspection 

aspects of the aircraft for repairmen or sport pilots beyond that of other aircraft issued a

special airworthiness certificate in the light-sport category.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption would be in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, 

delegated to me by the Administrator, the petition of Terrafugia, Incorporated for an 

exemption from 14 CFR §§ 21.181(a)(3)(i) and 21.190(a) to the extent necessary to allow the 

Terrafugia Transition® aircraft with an MTOW of 1,800 pounds and a maximum stall speed 

(VS1) of 54 knots calibrated airspeed (CAS) at the aircraft’s maximum certificated takeoff 

weight and most critical center of gravity to be eligible for issuance of a special airworthiness 

certificate in the light-sport category. Terrafugia is also granted an exemption from 

14 CFR §§ 61.89(c)(1), 61.303(a), and 61.315(a) on behalf of persons exercising the 

privileges of a sport pilot certificate or student pilots seeking a sport pilot certificate to permit 

those persons to operate the Terrafugia Transition® and to permit flight time obtained in the 

Terrafugia Transition® to be considered flight time obtained in a light-sport aircraft. 

Terrafugia is also granted an exemption from 14 CFR §§ 61.411(a), 61.415, and 61.429(b) on 

behalf of persons exercising the privileges of a flight instructor certificate with a sport pilot 

rating to permit those persons to provide flight training in the Terrafugia Transition®. 

Additionally, Terrafugia is granted an exemption from 14 CFR §§ 43.3(c), 43.7(g) and 

65.107(b) and (c) on behalf of holders of sport pilot certificates and repairman certificates 

(light-sport aircraft) with a maintenance rating or an inspection rating to permit those persons 

to perform maintenance and preventive maintenance on Terrafugia Transition® aircraft as 

authorized within those sections. All of these grants are subject to the conditions and 

limitations listed below. The FAA has determined that an exemption from 14 CFR §§ 21.175, 

21.182, 21.191, 21.193, 43.1, 61.1, 61.23, 61.31, 61.45, 61.113, 61.305, 61.317, 61.403

61.405, 61.417, 61.419, and 61.423 is not necessary to provide the relief requested. The FAA 

has also determined that an exemption from 14 CFR §§ 61.321, 61.325, and 61.327 is not 
14

necessary; however, the FAA has included compliance with the provisions of those sections 

for certain persons as conditions and limitations of this exemption.

Conditions and Limitations

1. This exemption applies only to the Terrafugia Transition® aircraft while incorporating 

FMVSS-based occupant protection features and roadability systems as described in the 

conditions and limitations specified in this exemption.

2. Terrafugia must supply each purchaser of a Transition® certificated under the 

provisions of this exemption with a copy of the exemption. A copy of this exemption 

must be carried on board each aircraft during its operation.

3. Terrafugia may issue the manufacturer’s statement of compliance required by 

14 CFR § 21.190(b)(1)(iii) for its Transition® aircraft indicating a maximum takeoff 

weight (MTOW) up to and including 1,800 pounds and a maximum stall speed (VS1) 

up to and including 54 knots calibrated airspeed (CAS) at the aircraft’s maximum 

certificated takeoff weight and most critical center of gravity, provided the aircraft 

meets all applicable requirements of 14 CFR § 21.190 and the conditions and 

limitations specified in this exemption.

4. The manufacturer’s statement of compliance required by 14 CFR § 21.190(b)(1)(iii) 

must:

(a) State that the aircraft meets the provisions of the applicable consensus standards and 

the design requirements specified in these conditions and limitations.

(b) State that the aircraft is in compliance with either the latest FAA-accepted revision 

of ASTM International Standard F2245 that incorporates an appendix addressing 

the certification of ―roadable‖ light-sport aircraft or a previous version of that 

standard, if permitted under the Notice of Acceptance for the latest standard.

(c) State that the following safety design features have been incorporated into the 

aircraft:

(1) Features to meet FMVSS requirements for occupant protection to include:

a. Energy absorbing crush structures, which include a ―safety cage‖ chassis 

design with bumpers and crush rails.

b. Occupant protection devices which include self-tensioning/load-limiting 

seatbelts, knee bolsters, door retention features, seats, headrests, and head 

impact protection.

(2) Roadability systems for:

a. Fuel measurement and containment.
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b. Ground handling, to include steering, suspension, and braking.

c. Ground driving.

d. Ground visibility.

(3) An AOA indicator that includes an indication of sensed AOA rate, allowing the 

pilot to identify margin above stall.

(4) A ballistic recovery complete-aircraft parachute system in compliance with the 

latest FAA-accepted revision of ASTM International Standard F2316 or a 

previous version of that standard, if permitted under the Notice of Acceptance 

for the latest standard.

5. Prior to issuance of a special airworthiness certificate in the light-sport category for the 

first Terrafugia Transition® certificated under the provisions of this exemption, the 

FAA must complete an audit of Terrafugia’s facilities and find that Terrafugia can 

produce the Transition® aircraft in accordance with applicable regulations, consensus 

standards, and the conditions and limitations set forth in this exemption. 

6. Prior to issuance of a special airworthiness certificate in the light-sport category for the 

first Terrafugia Transition® certificated under the provisions of this exemption, the 

FAA must complete an inspection of the first make/model Transition® aircraft and find 

that the Transition® aircraft meets the provisions of all applicable regulations, 

consensus standards, and the conditions and limitations set forth in this exemption. 

7. Any person who holds a sport pilot certificate who does not have airplane category and 

single-engine land class privileges and seeks to obtain privileges to operate the 

Terrafugia Transition® aircraft must receive the logbook endorsements, successfully 

complete the proficiency check, and complete the application specified in 

14 CFR § 61.321.

8. Any person who holds a sport pilot certificate and seeks privileges to operate the 

Terrafugia Transition® aircraft at an airport within, or in airspace within, Class B, C, 

and D airspace, or in other airspace with an airport having an operational control tower 

must receive and log the ground and flight training and obtain the endorsement 

specified in 14 CFR § 61.325.

9. Any person who holds a sport pilot certificate and seeks to operate the Terrafugia 

Transition® aircraft must receive and log the ground and flight training and obtain the 

endorsement specified in 14 CFR § 61.327(b).

10. Any person who performs maintenance or preventive maintenance on the Terrafugia 

Transition® aircraft under the provisions of this exemption must include a reference to 

this exemption in the maintenance record entry required to be made under the 

provisions of 14 CFR § 43.9 or 43.11, as applicable.
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11. Terrafugia must maintain a record of all failures, malfunctions, or defects of the 

Transition® aircraft and report any failure, malfunction, or defect of the aircraft or any 

accident or incident involving the Transition® aircraft to the Small Airplane 

Directorate within 48 hours after learning of the occurrence.

This exemption terminates on April 30, 2021, unless sooner superseded or rescinded.

Issued in Washington, D.C., on May 12, 2016.

/s/

David Hempe

Deputy Director, Aircraft Certification Service