Air taxis and other electric-powered aircraft cleared for takeoff with final FAA rules

The Federal Aviation Administration published highly anticipated final regulations for electric vertical takeoff and landing vehicles that it says will chart the path for the “air travel of the future.”

The FAA says these “powered lift” vehicles will be the first completely new category of aircraft since helicopters were introduced in 1940. These aircraft will be used for a variety of services, including air taxis, cargo delivery, and rescue and retrieval operations. The final rule published today contain guidelines for pilot training, as well as operational requirements such as minimum safe altitudes and visibility requirements.

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

Powered lift includes aircraft described by industry watchers as electric vertical takeoff and landing, or eVTOL. Using tilt rotors, eVTOL aircraft are designed to take off and land vertically like a helicopter and then transition into forward flight on fixed wings like a plane. 

Numerous startups, including Joby Aviation, Archer, and Wisk, are planning on launching commercial air taxi services with these new types of aircraft in the next few years. And for years, the FAA has promised there would be a regulatory pathway for powered lift designs certified under Part 23 as normal aircraft.

But in 2022, the agency changed course, determining instead that the aircraft would need to obtain Part 21 certification for special class vehicles. That kicked off a years-long process to develop an entirely new set of rules for training, operations, maintenance, and more.

But the rules that were eventually 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. But the agency argues its newly finalized rules should address those concerns, while also maintaining safety and rigor the industry is known for. Earlier this year, Congress gave the FAA more sway in regulating these new types of aircraft.

“The FAA will continue to prioritize the safety of our system as we work to seamlessly integrate innovative technology and operations,” Whitaker said. “This final rule provides the necessary framework to allow powered lift aircraft to safely operate in our airspace.”

Based on the final rules, it would appear that the FAA took those 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,” 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:

Makes changes to numerous existing regulations and establishes a Special Federal Aviation Regulation (SFAR) with new requirements to facilitate instructor and pilot certification and training. 

Applies helicopter operating requirements to some phases of flight and adopts a performance-based approach to certain operating rules. 

Allows 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.  

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.”