Experimental Aircraft FARs by ert554898

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									      Experimental Aircraft FAR’s

           An Overview of Various Federal
           Aviation Regulations Regarding
         Experimental, Amateur-Built Aircraft


                                                                   David E. Wilcox
MAJOR PORTIONS OF THIS PRESENTATION ARE BASED ON RON ALEXANDER'S
                                                                   480-892-7189
ARTICLE IN 5/97 SPORT AVIATION AND A PHONE INTERVIEW WITH RHUNO
                                                                   June 26, 2001
NELSON OF THE SCOTTSDALE FSDO OFFICE ON 6/25/01                                      1
            INITIAL BUILDING
FAR          DESCRIPTION
21.175       CLASSIFICATION OF AIRWORTHINESS
21.191       BASIC DEFINITION OF AMATEUR- BUILT
45           MARKINGS
91.205       INSTRUMENT & EQUIPMENT RQMNTS
AC 20-27D    CERTIFICATION & OPERATION
AC 20-139    COMMERCIAL ASSISTANCE




                                                  2
21.175 CLASS OF AIRWORTHINESS

• (b) SPECIAL AIRWORTHINESS CERTIFICATES ARE
  RESTRICTED, LIMITED, AND PROVISIONAL
  AIRWORTHINESS CERTIFICATES, SPECIAL FLIGHT
  PERMITS AND EXPERIMENTAL CERTIFICATES.




                                           3
  21.191 EXPERIMENTAL CERT
EXPERIMENTAL CERTIFICATES ARE ISSUED FOR THE
  FOLLOWING PURPOSES:
• (a) RESEARCH, (b) SHOWING COMPLIANCE, (c) CREW
  TRAINING, (d) EXHIBITION, (e) RACING, (f) MARKET
  SURVEYS AND...
• (g) OPERATING AMATEUR-BUILT AIRCRAFT. OPERATING
  AN AIRCRAFT, THE MAJOR PORTION OF WHICH HAS BEEN
  FABRICATED AND ASSEMBLED BY PERSONS WHO
  UNDERTOOK THE CONSTRUCTION PROJECT SOLELY FOR
  THEIR OWN EDUCATION OR RECREATION.
• NOT SUBJECT TO FAR PART 23 AIRWORTHINESS
  STANDARDS FOR NORMAL, UTILITY, AEROBATIC…
• THIS IS THE ORIGIN OF THE “51%” RULE
• (h) PRIMARY CATEGORY
                                                     4
   43 AIRCRAFT MARKINGS
• 43.23 (b) … ON EXPERIMENTAL AIRCRAFT… THE
  OPERATOR SHALL ALSO DISPLAY… ...NEAR
  EACH ENTRANCE TO THE CABIN OR COCKPIT, IN
  LETTERS NOT LESS THAN 2 INCHES NOR MORE
  THAN 6 INCHES IN HEIGHT THE WORD
  “EXPERIMENTAL”…
• 45.29 (b) HEIGHT (1) FIXED WING (iii) MARKS AT
  LEAST 3 INCHES HIGH MAY BE DISPLAYED ON
  AN AIRCRAFT FOR WHICH AN EXPERIMENTAL
  CERTIFICATE HAS BEEN ISSUED UNDER
  21.191(G)… (<180 KTS)
• 91.9 PLACARD AND MANUALS                         5
       91.205 INSTRUMENTS
•   AIRSPEED INDICATOR
•   ALTIMETER
•   MAGNETIC DIRECTION INDICATOR
•   TACHOMETER
•   OIL PRESSURE
•   TEMPERATURE OIL OR WATER
•   MANIFOLD PRESSURE IF CHARGED
•   FUEL GAUGE FOR EACH TANK
•   LANDING GEAR POSITION INDICATOR
•   POST 1978, SHOULDER HARNESS
                                      6
       AC 20-27D CERT & OPS
• THIS IS THE BIBLE OF THE AMATEUR BUILT
  CERTIFICATION PROCESS AND SUBSEQUENT FLIGHT
  OPERATIONS.

• STEP BY STEP PROCEDURE FOR ALL OF THE REGULATIONS,
  DOCUMENTATION, INSPECTIONS, FAA FORMS

• THE AC OFFERS THIS WORD OF CAUTION:
  “Purchasers of partially completed kits should obtain all fabrication
  and assembly records from the previous owner(s). This may enable the
  builder who completes the aircraft to be eligible for amateur-built
  certification.“
                                                                     7
    AC 20-139 COM ASSIST
• COMMERCIAL ASSISTANCE HAS DIFFERENT
  CONSIDERATIONS FOR PLANS BUILT, NON
  EVALUATED KITS, AND 51% EVALUATED KITS
• KIT BUILDER MUST ADHERE TO WORK SPLIT OF
  KIT EVALUATION TO MAINTAIN ELIGIBILITY
• PLANS BUILT AND NON-EVALUATED KIT
  BUILDERS MUST BE EVALUATED BY FAA, PRIOR
  APPROVAL IS POSSIBLE
• CHECKLIST 8000-38 IS USED BY INSPECTOR TO
  EVALUATE BUILDER CONTRIBUTION

                                              8
           FLIGHT TESTING

FAR         DESCRIPTION
91.305      FLIGHT TESTING AREA
91.319      OPERATING LIMITATIONS
AC 90-89    A/B AIRCRAFT FLIGHT TESTING H/B




                                              9
    91.305 FLIGHT TESTING
• NO PERSON MAY FLIGHT TEST AN AIRCRAFT
  EXCEPT OVER OPEN WATER OR SPARSELY
  POPULATED AREAS, HAVING LIGHT AIR TRAFFIC.
• PHASE 1 LIMITATIONS, NORMALLY 40 HOURS
  INSIDE A 25 MILE RADIUS, HAVE A DURATION OF
  ONE YEAR.




                                            10
    91.319 OP LIMITATIONS
• NO PERSON MAY OPERATE AN AIRCRAFT THAT HAS
  AN EXPERIMENTAL CERTIFICATE
  – FOR A PURPOSE OTHER THAN ISSUED
  – CARRYING PERSONS OR PROPERTY FOR HIRE
• NO OPERATIONS OUTSIDE ASSIGNED AREA UNTIL
  – THE AIRCRAFT IS SHOWN TO BE CONTROLLABLE
  – AIRCRAFT HAS NO HAZARDOUS OPERATING FEATURES




                                               11
                  AC 90-89
• AMATEUR-BUILT AIRCRAFT AND ULTRALIGHT
  FLIGHT TESTING HANDBOOK
  – PREPARATION
     • AIRPORT SELECTION
     • EMERGENCY PLANS AND EQUIPMENT
  – TAXI TESTS
  – FIRST FLIGHT
  – EXPANDING THE ENVELOPE
     • CLIMB AIRSPEED AND ALTITUDE GRAPH
     • BEST RATE OF CLIMB GRAPH
     • STABILITY
  – ULTRALIGHT INSPECTION AND TEST
                                           12
      NORMAL OPERATIONS

FAR      DESCRIPTION
21.181   DURATION OF AIRWORTHINESS
91.207   ELT REQUIREMENTS
91.215   TRANSPONDER REQUIREMENTS
91.319   OPERATION LIMITATIONS




                                     13
      21.181 DURATION OF
        AIRWORTHINESS
• EXPERIMENTAL CERTIFICATES FOR RESEARCH,
  SHOWING COMPLIANCE, CREW TRAINING,
  MARKET SURVEYS ARE EFFECTIVE FOR ONE
  YEAR
• AMATEUR-BUILT CERTIFICATES ARE NORMALLY
  UNLIMITED
  – CHANGED FROM ONE YEAR LIMITATION IN 1979




                                               14
 91.207 ELT REQUIREMENTS
• REQUIREMENT EXCEPTIONS
  –   FERRY OF A NEWLY ACQUIRED AIRCRAFT, NO PAX
  –   FERRY INOP ELT FOR REPAIRS, NO PAX
  –   TRAINING WITHIN 50 MILES
  –   SINGLE SEAT AIRCRAFT
  –   REMOVED FOR MAINTENANCE FOR UP TO 90 DAYS




                                                   15
91.215 TRANSPONDER RQMT
• MODE C ALTITUDE REPORTING TRANSPONDER
  REQUIRED TO ENTER
  – CLASS A, B, OR C AIRSPACE
  – WITHIN 30 MILE VEIL OF AIRPORT WITH CLASS B
    AIRSPACE UNLESS…
     • AIRCRAFT WAS NOT ORIGINALLY CERTIFICATED WITH AN
       ENGINE-DRIVEN ELECTRICAL SYSTEM OR WHICH HAS
       NOT SUBSEQUENTLY BEEN CERTIFIED WITH SUCH A
       SYSTEM INSTALLED
     • BALLOONS
     • GLIDERS


                                                     16
    91.319 OP LIMITATIONS
• NO OPERATIONS OVER DENSELY POPULATED
  AREAS
  – PER 2/15/01 8130.2D, UNLESS SUFFICIENT ALTITUDE IS
    MAINTAINED TO EFFECT A SAFE EMERGENCY LANDING
    IN THE EVENT OF A POWER UNIT FAILURE...
• PILOT SHALL
  – INFORM PAXS AND ATC OF EXPERIMENTAL NATURE
  – DAY VFR ONLY UNLESS OTHERWISE AUTHORIZED




                                                    17
           DOCUMENTS
• REQUIRED ON BOARD THE
  AIRCRAFT
 –   AIRWORTHINESS CERTIFICATE
 –   OPERATING LIMITATIONS
 –   REGISTRATION
 –   WEIGHT AND BALANCE



                                 18
         MAINTENANCE
FAR       DESCRIPTION
AC 65-23A CERTIFICATION OF REPAIRMEN
43 APDX D CONDITION CHECK
21.93     MAJOR & MINOR ALTERATIONS




                                       19
       AC 65-23A REPAIRMEN

• THE MANUFACTURE (BUILDER) OF AN
  AMATEUR-BUILT IS ELIGIBLE TO RECEIVE AN
  FAA REPAIRMEN CERTIFICATE
• THE CERTIFICATE ALLOWS THE HOLDER TO
  PERFORM THE ANNUAL CONDITION
  INSPECTIONS REQUIRED IN THE OPERATING
  LIMITATIONS
• THE CERTIFICATE IS LIMITED TO A SINGLE
  AIRCRAFT SERIAL NUMBER
• THE HOLDER MAY CONTINUE TO PERFORM
  CONDITION INSPECTIONS AFTER SALE OF THE
                                            20
  AIRCRAFT
  43 APDX D CONDITION CHECK
• 43 MAINTENANCE, REBUILDING, ALTERATIONS
  – .1(b) THIS PART DOES NOT APPLY TO ANY AIRCRAFT
    FOR WHICH AN EXPERIMENTAL AIRWORTHINESS
    CERTIFICATE HAS BEEN ISSUED…
• ANYONE CAN PERFORM MAINTENANCE ON AN
  EXPERIMENTAL AIRCRAFT
• EXPERIMENTAL OPERATING LIMITATIONS
  NORMALLY REQUIRE ANNUAL CONDITION
  INSPECTIONS PER PART 43 APPENDIX D
• THE HOLDER OF AN APPROPRIATE REPAIRMEN
  CERTIFICATE OR A&P LICENSE MAY PERFORM
  CONDITION INSPECTIONS, AN INSPECTION
  AUTHORIZATION RATING IS NOT REQUIRED               21
        21.93 MAJOR & MINOR

• A MINOR ALTERATION IS ONE THAT HAS NO
  APPRECIABLE EFFECT ON THE WEIGHT,
  BALANCE, STRUCTURAL STRENGTH,
  RELIABILITY, OPERATIONAL CHARACTERISTICS,
  OR OTHER CHARACTERISTICS AFFECTING THE
  AIRWORTHINESS OF THE PRODUCT.
• MAJOR CHANGES AFFECT THESE ITEMS AND
  INVALIDATES THE PHASE ONE FLIGHT TEST PER
  FAR 91.319 AND THE SPECIAL AIRWORTHINESS
  CERTIFICATE LIMITATIONS UNLESS ISSUED
  SINCE 2/15/00, MAYBE
                                          22
   RE-ESTABLISHMENT OF
     A/W COMPLIANCE
• OPERATION LIMITATIONS ISSUED SINCE 2/15/00
  MAY ALLOW MAJOR CHANGES WITHOUT RE-
  INSPECTION
• AFTER INCORPORATING A MAJOR CHANGE THE
  AIRCRAFT ENTERS A “PHASE 1” TEST PERIOD OF
  NOT LESS THAN 5 HOURS.
• A NEW AIRWORTHINESS CERTIFICATE MUST BE
  OBTAINED, WHICH INCLUDES THE NEW
  LIMITATION, TO ENABLE THIS OPTION
• THERE IS NO WAY TO AMEND AN EXISTING SET
  OF OPERATING LIMITATIONS WITH THIS OPTION 23
            AIRCRAFT SALE
FAR         DESCRIPTION
21.179      AIRWORTHINESS
AC 20-27D   CERTIFICATION AND OPERATION OF
            AMATEUR-BUILT AIRCRAFT




                                             24
       21.179 AIRWORTHINESS

• AN AIRWORTHINESS CERTIFICATE IS
  TRANSFERRED WITH THE AIRCRAFT
• NEITHER THE REPAIRMEN CERTIFICATE, NOR
  ELIGIBILITY FOR A REPAIRMEN CERTIFICATE , IS
  TRANSFERRED WITH THE SALE OF AN AIRCRAFT




                                             25
         FAA ORDER 8130.2C

• GUIDANCE MATERIAL ASSOCIATED WITH
  AIRWORTHINESS CERTIFICATION AND THE
  ISSUANCE OF FAA FORM 8130-7, SPECIAL
  AIRWORTHINESS CERTIFICATE
• CONTAINS RECOMMENDED EXPERIMENTAL
  OPERATING LIMITATIONS FOR PHASES 1 & 2




                                           26
          PART QUALITY
• AIRWORTHINESS DIRECTIVES (AD NOTES) DO
  NOT APPLY TO EXPERIMENTAL AIRCRAFT
  UNLESS THE PRECISE AIRCRAFT IS NAMED IN
  THE DIRECTIVE
• ONCE AN “APPROVED” PART, INCLUDING AN
  ENGINE, IS USED ON AN EXPERIMENTAL
  AIRCRAFT, IT IS NO LONGER CONSIDERED
  APPROVED FOR AN AIRCRAFT OF STANDARD
  CERTIFICATION (ALEXANDER)


                                            27
                KIT LIST
• LISTING OF ELIGIBLE AMATEUR-BUILT
  AIRCRAFT KITS
• MEET MAJOR PORTION OR 51% RULE
• NO OTHER ENDORSEMENT OF SAFETY,
  RELIABILITY, NOR SUITABILITY IS MADE BY THE
  FAA
• HAVING COMMERCIAL ASSISTANCE ON
  “BUILDER” ITEMS IN THESE KITS MAY
  INVALIDATE THE ELIGIBILITY


                                            28
          103 ULTRALIGHTS
• AIRCRAFT QUALIFIES SINCE 1982 IF:
  –   SINGLE OCCUPANCY
  –   SPORT OR RECREATIONAL PURPOSE
  –   NO AIRWORTHINESS CERTIFICATE
  –   WEIGHT, MAX EMPTY
       • UN-POWERED 155 POUNDS
       • POWERED 254 POUNDS
  – MAX FUEL CAPACITY OF 5 GALLONS
  – 55 KNOTS MAX WIDE OPEN THROTTLE
  – 24 KNOTS MAX POWER OFF STALL
• AIRCRAFT MEETING THESE CONDITIONS DO NOT
  REQUIRE AIRWORTHINESS CERTIFICATES,
  REGISTRATION, NOR LICENSED PILOTS       29

								
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