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

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

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

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

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

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

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.“

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

21.93 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

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

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

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

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

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)

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

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