Air Taxis and Other Electric-Powered Aircraft Cleared for Takeoff Following Final FAA Rules

The Federal Aviation Administration (FAA) has published highly anticipated final regulations for electric vertical takeoff and landing vehicles. These regulations are expected to chart the path for the "air travel of the future" by defining the rules for a new category of aircraft.

A New Category of Aircraft: Powered-Lift Vehicles

Powered-lift vehicles, which include electric vertical takeoff and landing (eVTOL) aircraft, will be the first completely new category of aircraft since helicopters were introduced in 1940. These aircraft are designed to take off and land vertically like a helicopter and then transition into forward flight on fixed wings like a plane.

Industry Reaction

The FAA administrator, Mike Whitaker, said in a statement, "Powered lift aircraft are the first new category of aircraft in nearly 80 years. This historic rule will pave the way for accommodating wide-scale Advanced Air Mobility operations in the future."

What Are eVTOL Aircraft?

eVTOL aircraft use tilt rotors to take off and land vertically like a helicopter and then transition into forward flight on fixed wings like a plane. These aircraft are being developed by numerous startups, including Joby Aviation, Archer, and Wisk, who plan to launch commercial air taxi services with these new types of aircraft in the next few years.

Regulatory History

The FAA has been working on developing regulations for powered-lift designs certified under Part 23 as normal aircraft. However, in 2022, the agency changed course and determined that the aircraft would need to obtain Part 21 certification for special class vehicles. This change led to a years-long process to develop an entirely new set of rules for training, operations, maintenance, and more.

Industry Criticisms

The rules introduced last year were panned by industry groups as too strict. They called for performance-based operational rules, rather than the creation of a new powered-lift category, as proposed by the FAA. The agency argues that its newly finalized rules should address those concerns while maintaining the safety and rigor the industry is known for.

Congressional Support

Earlier this year, Congress gave the FAA more sway in regulating these new types of aircraft. In response to this support, the FAA administrator said, "The FAA will continue to prioritize the safety of our system as we work to seamlessly integrate innovative technology and operations."

Changes to Existing Regulations

Based on the final rules, it would appear that the FAA took industry criticisms to heart. A new pilot training and qualifications rule was needed because "existing regulations did not address this new category of aircraft, which can take off and land vertically like a helicopter and fly like an airplane during cruise flight," the FAA said.

The rule also provides a "comprehensive framework" for certifying the initial group of powered-lift instructors and pilots. According to the agency, the rule would:

• Mak[e] changes to numerous existing regulations and establishes a Special Federal Aviation Regulation (SFAR) with new requirements to facilitate instructor and pilot certification and training.
• Apply helicopter operating requirements to some phases of flight and adopts a performance-based approach to certain operating rules.
• Allow pilots to train in powered-lift with a single set of flight controls; legacy rules require two flight controls – one for the student and one for the instructor.

Implementation Timeline

There are no powered-lift aircraft in commercial operation in the US, as it takes years for companies to obtain the necessary certificates from the FAA. Several companies are well on their way, including Archer and Joby. The latter released a statement praising the FAA for releasing the final rules ahead of schedule.

"The regulation published today will ensure the U.S. continues to play a global leadership role in the development and adoption of clean flight," said JoeBen Bevirt, founder and CEO of Joby, in a statement. "Delivering the rules ahead of schedule is testament to the dedication, coordination and hard work of the rulemaking team."