My response on California AB48 regulation of flight schools

The fees are $5000 up-front just to register, $3500 recurring renewal fees and a percentage tax on total school revenues.

In effect, this would put fees that are usually charged to private universities on small flight school businesses, flying clubs and even out of pocket for individual flight instructors. The reality of it is that most of us can't even remotely afford it. If this goes through, we'd just have to give up on doing flight instruction in California. Game over.

Flight instructors may have to move to another state if they choose to pursue their dream of flying. It shouldn't be that way. But government regulation can be cruel.

Here's some background information.

• "Call to Action! AB-48", California Pilots Association
• "SAFE Opposes California Bill to Regulate FBOs & Instructors", Society of Aviation and Flight Educators (SAFE)
• California Pilot Alert: New Regulations To Raise Cost of Flight Instruction--Write Your Representatives Today!, Max Trescott, Certified Flight Instructor (named National Flight Instructor of the Year in 2008 by the FAA)
• California Bill to Make Independent Instructors Follow Part 141 Rules, Experimental Aircraft Association (EAA)
• full text of Assembly Bill 48 (AB48) as signed

I had to do quite a bit of reading to make sure I got my facts straight. This is the response I sent. The state wants responses by June 7 (that's "tomorrow" as I'm writing this) but send yours anyway (to Bureau for Private Post Secondary Education (BPPSE), c/o Joanne Wenzel) even if you read this after the deadline. There is also hearing in Sacramento at 10AM on June 7, which I plan to attend.

From: Ian Kluft
To: Bureau for Private Post Secondary Education (BPPSE), c/o Joanne Wenzel
Date: June 6, 2010
Subject: Opposition to new BPPSE regulation of flight schools

I am writing in opposition of the new BPPSE regulations on flight schools and Certified Flight Instructors (CFIs) in California by AB 48. It has recently come to the attention of pilots including myself that the removal of the exemption will impose a $5000 registration fee, recurring $3500 renewal fees and other taxes for flight schools and individual CFIs. These are prohibitive.

I heard this was because of the bankruptcy of Silver State Helicopters. If any laws needed to be changed, they should deal with the fraud which was the problem there. Crushing law-abiding citizens and businesses won't help.

This will affect more than just new student pilots. Every pilot is required by the Federal Aviation Regulations in CFR14 Part 61.56 to have a Flight Review with a CFI every 2 years. You will curtail the supply of practicing CFIs. It will strangle General Aviation in the state by making it difficult for many existing pilots to get a Flight Review to keep their license current.

Most flight school companies rarely or barely make a profit. And individual CFIs usually instruct on the side from a day job by which they actually make their living. If the exemption is not restored, this will shut down all independent CFIs, most flying clubs and many flight schools. You will destroy the options by which middle class people can afford to learn to fly. Fuel, insurance and the economy have already made that difficult enough. Even if you don't share the dream of flying or becoming a pilot yourself, undoubtedly you know someone who does. We're everywhere in every community up and down the state. And as Americans, we all have the right to pursue our dreams.

The effect on me as an individual CFI would be devastating. I personally resent that you have created a situation which could force me to move out of California in order to continue to pursue my dreams. I was born in California and have always resided here. Please restore the exemption for flight schools.

Respectfully submitted,

Ian Kluft
Certified Flight Instructor (CFI)
San Jose, California