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Experimental Aircraft FAR’s

An Overview of Various Federal Aviation Regulations Regarding

Experimental, Amateur-Built Aircraft

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

David E. Wilcox480-892-7189June 26, 2001

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INITIAL BUILDING

FAR DESCRIPTION21.175 CLASSIFICATION OF AIRWORTHINESS 21.191 BASIC DEFINITION OF AMATEUR- BUILT45 MARKINGS91.205 INSTRUMENT & EQUIPMENT RQMNTSAC 20-27D CERTIFICATION & OPERATIONAC 20-139 COMMERCIAL ASSISTANCE

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21.175 CLASS OF AIRWORTHINESS

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

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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

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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

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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

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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.“

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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

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FLIGHT TESTING

FAR DESCRIPTION91.305 FLIGHT TESTING AREA91.319 OPERATING LIMITATIONSAC 90-89 A/B AIRCRAFT FLIGHT TESTING H/B

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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.

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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

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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

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NORMAL OPERATIONS

FAR DESCRIPTION21.181 DURATION OF AIRWORTHINESS91.207 ELT REQUIREMENTS91.215 TRANSPONDER REQUIREMENTS91.319 OPERATION LIMITATIONS

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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

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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

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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

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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

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DOCUMENTS

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

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MAINTENANCE

FAR DESCRIPTIONAC 65-23A CERTIFICATION OF REPAIRMEN

43 APDX D CONDITION CHECK

21.93 MAJOR & MINOR ALTERATIONS

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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

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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

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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

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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

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AIRCRAFT SALE

FAR DESCRIPTION21.179 AIRWORTHINESS

AC 20-27D CERTIFICATION AND OPERATION OF AMATEUR-BUILT AIRCRAFT

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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

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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

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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)

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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

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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