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Experimental Aircraft FAR’s

Experimental Aircraft FAR’s. An Overview of Various Federal Aviation Regulations Regarding Experimental, Amateur-Built Aircraft. David E. Wilcox 480-892-7189 June 26, 2001.

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Experimental Aircraft FAR’s

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  1. Experimental Aircraft FAR’s An Overview of Various Federal Aviation Regulations Regarding Experimental, Amateur-Built Aircraft David E. Wilcox 480-892-7189 June 26, 2001 MAJOR PORTIONS OF THIS PRESENTATION ARE BASED ON RON ALEXANDER'S ARTICLE IN 5/97 SPORT AVIATION AND A PHONE INTERVIEW WITH RHUNO NELSON OF THE SCOTTSDALE FSDO OFFICE ON 6/25/01

  2. 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

  3. 21.175 CLASS OF AIRWORTHINESS • (b) SPECIAL AIRWORTHINESS CERTIFICATES ARE RESTRICTED, LIMITED, AND PROVISIONAL AIRWORTHINESS CERTIFICATES, SPECIAL FLIGHT PERMITS AND EXPERIMENTAL CERTIFICATES.

  4. 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

  5. 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

  6. 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

  7. 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.“

  8. 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

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

  10. 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.

  11. 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

  12. 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

  13. NORMAL OPERATIONS FAR DESCRIPTION 21.181 DURATION OF AIRWORTHINESS 91.207 ELT REQUIREMENTS 91.215 TRANSPONDER REQUIREMENTS 91.319 OPERATION LIMITATIONS

  14. 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

  15. 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

  16. 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

  17. 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

  18. DOCUMENTS • REQUIRED ON BOARD THE AIRCRAFT • AIRWORTHINESS CERTIFICATE • OPERATING LIMITATIONS • REGISTRATION • WEIGHT AND BALANCE

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

  20. 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 AIRCRAFT

  21. 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

  22. 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

  23. RE-ESTABLISHMENT OFA/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

  24. AIRCRAFT SALE FAR DESCRIPTION 21.179 AIRWORTHINESS AC 20-27D CERTIFICATION AND OPERATION OF AMATEUR-BUILT AIRCRAFT

  25. 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

  26. 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

  27. 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)

  28. 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

  29. 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

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