Limitations unraveled
FAA Order 8130.2(), Currently 8130.2F, is used as guidance for the inspector/DAR in issuance of the Special Airworthiness Certificate for an experiment amateur built aircraft. As part of the issuance of that certificate, the inspector/DAR will issue operating limitations. These are issued verbatim from the order. Currently the language pertaining to your question is this:
START ORDER 8130.2F LANGUAGE
(6) This aircraft is prohibited from operating in congested airways or over densely populated areas unless directed by air traffic control, or unless sufficient altitude is maintained to effect a safe emergency landing in the event of a power unit failure, without hazard to persons or property on the ground.
NOTE: This limitation is applicable to the aircraft after it has satisfactorily completed all requirements for phase I flight testing, has the appropriate endorsement in the aircraft logbook and maintenance records, and is operating in phase II.
STOP ORDER 8130.2F LANGUAGE
Take note of the "NOTE", which says it IS APPLICABLE FOR AIRCRAFT IN PHASE II.
So, yes, it CERTAINLY DOES apply once you are out of phase I. In fact, it ONLY applies to aircraft out of phase I. There's another limitation to cover Phase I.
START ORDER 8130.2F LANGUAGE
(5) Except for takeoffs and landings, this aircraft may not be operated over densely populated areas or in congested airways.
NOTE: This limitation is applicable for phases I and II and should be issued
in accordance with paragraphs 135b(1) and (2) of this order.
STOP ORDER 8130.2F LANGUAGE
HERE'S THE IMPORTANT PART:
*Every experimental aircraft issued an Airworthiness certificate using this order (and this order's been around for a good long time) will have Operating Limitations specific to their aircraft, and that language is taken directly from the order...although more limitations can be added by the issuing inspector/DAR.
*If the order is revised, your limitations ARE NOT. However,You can have them revised, or be requested to have them re-issued, which will mean your operating limitations will likely be reissued under the latest revision's language.
*There has been a lot of change from revision to revision in the language and content of the order as it pertains to Operating Limitations. So, your limitations may be completely different than your neighbors, based on the revision of the order at the time of issuance.
Clear as mud? Here's the link for FAA Order 8130.2F
http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgOrders.nsf/0/8b6b70e0dcb91cf58625765900790f72/$FILE/8130.2F%20chg%204.pdf
Look at Section 9 (starts on Page 149 (page # printed on the paper, not numbered by acrobat). Operating Limitations start on Page 164)