NYC98LA054

The pilot was conducting a touch-and-go landing on a river when the experimentally certificated, amphibious airplane nosed over. The next thing the pilot knew he was hanging upside down in the water. He exited the airplane, and stood on the wing waiting for help. Before he could be rescued the airplane sank, and the pilot swam ashore. The pilot reported no mechanical malfunctions. The pilot did not have a single engine sea rating. Federal Aviation Regulations exempt pilots of experimental aircraft from the requirements of possessing a rating in the category of aircraft they are operating.

On December 26, 1997, about 1415 eastern standard time, N100RZ, a homebuilt Sea Rey amphibian airplane, was substantially damaged when it impacted water near Gloucester, Virginia. The certificated private pilot received minor injuries. Visual meteorological conditions prevailed for the personal flight that departed West Point, Virginia, and was operated under 14 CFR Part 91.

The pilot reported he was doing his eighth touch-and-go landing, and that everything was normal until the airplane nosed over. The pilot then found himself hanging upside down in the water. He exited the airplane, stood on the wing and waited for help. Before he could be rescued, the airplane sank, and he swam ashore. The pilot reported no mechanical malfunctions. According to FAA records, the pilot did not have a single engine sea rating.

Federal Aviation Regulation 61.31 (k) Exceptions, states "(1) This section does not require a category and class rating for aircraft not type certificated as airplanes, rotorcraft, or lighter-than-air aircraft, or a class rating for gliders or powered-lifts. (2) The rating limitations of this section do not apply to ...(iii) The holder of a pilot certificate when operating an aircraft under the authority of an experimental or provisional aircraft type certificate..."