Certification of Amateur-Built Aircraft

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• Certification of Amateur-Built Aircraft

EAA 983 (Granbury / Pecan Plantation) Mike
Montefusco November 12, 2011
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Certification and Operation

• Guidance concerning building, certification, and
  operation of amateur-built aircraft
• How much fabrication and assembly the builder
  must do
• The FAAs role in the certification process

NOTE FAA order 8130.2G covers Amateur-Built
certification
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Presentation Topics

• FAA Certification Criteria
• Design and Construction
• Construction Kits
• Aircraft Registration
• Identification Registration Markings
• Certification Inspection
• 14 CFR 91-319
• Certificate Inspection
• Issuance of the Special Airworthiness Certificate
• Operating Limitations
• Phase 1 Flight Test Program
• Phase 2 Permanent Operating Limitations
• Showing Compliance with 14 CFR 91.319(b)
• Repairman Certification
• LODA Letter of Deviation Authority
• AC 90-109 Airman Transition to Experimental or
  Unfamiliar Airplanes
• Aircraft Accident Summary and Risk Management

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Background

• FAA provides for the issuance of a Special
  Airworthiness Certificates
• Experimental Category
• Allows for operation of amateur-built aircraft

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Background continued

• 14 CFR Part 21.191(g) defines an amateur-built
  aircraft as
• an aircraft,
• the major portion of which has been fabricated
• and assembled by persons
• who undertook the construction and assembly
  solely for their own
• education or recreation

NOTE AC 20-27, Certification and Operation of
Amateur-Built Aircraft
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FAA Certification

• In the Past,
• the FAA inspected the aircraft at several stages,
  called Pre-Cover Inspections

Since 1983, FAA inspections are limited to ensure
acceptable workmanship, methods, techniques, and
practices are used.
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FAA Certification

• In recent years, amateur builders have called
  upon persons having expertise, such as
• EAA Technical Counselors
• FAA Designated Airworthiness Representatives
  (DAR)
• DAR can be used for technical guidance

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Certification Criteria

• Builders should have knowledgeable persons
  perform pre-cover and other inspections
• Documentation of construction
• i.e., Builders Log
• Any format
• Include photographs of all steps
• included in each of the listed
• tasks in the Amateur-Builder
• Aircraft Fabrication and
• Assembly Checklist (2009)
• Materials and techniques used in construction
• Dates, locations, and detailed descriptions

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Design and Construction

• Consult with the EAA
• Strongly recommend FAA-approved engines, props,
  wheels, and components
• Cockpit and Cabin design to include TSOd
  restraints

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Design and Construction

• Adequate fuel supply for engine
• Suitable design for reduced fire hazard

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Construction Kits

• Aircraft built from a kit may be eligible for
  amateur-built certification, provided the major
  portion has been fabricated and assembled by the
  amateur builder
• FAA does not certify amateur-built aircraft kits
• FAA does not approve kit manufacturers

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Construction Kits

• Major Portion is known as the

51 Rule
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Construction Kits

• Caution
• Purchasers of partially completed kits should
  obtain from the previous owner(s)
• All fabrication records
• All assembly records

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Construction Kits

• Advertisements tend to be somewhat vague and may
  be misleading as to whether a kit is eligible for
  amateur-built certification
• Not advisable to order a kit before verifying
  with the local FAA office if the aircraft, upon
  completion, may be eligible for certification

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Aircraft Registration

• 14 CFR Part 47 covers registration
• Owner must apply for N number
• Can request special N numbers
• Can reserve a special N number for one year

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Aircraft Registration

• If a kit was used, obtain bill of sale from kit
  manufacturer
• FAA Bill of Sale can be used
• Provide an Affidavit of Ownership for
  Amateur-Built Aircraft

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Identification Registration Marks

• 14 CFR Part 21.182 requires registration to be
  displayed on the aircraft
• 14 CFR Part 45 states requirements for markings
• ID plate must be fireproof secured

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Identification Registration Marks

• Name on ID plate is that of the Builder
  with any
  serial number
• ID plate must be located on exterior

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Identification Registration Marks

• N numbers must be displayed at a minimum height
  of 3 inches

If maximum cruise speed exceeds 180 knots,
N numbers must be at least 12 inches
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Identification Registration Marks

• N numbers may not exceed 5 symbols following
  the prefix N
• One to four numbers and one suffix
• i.e., (N1234B), or
• One to three numbers and two suffixes
• i.e., (N123BR)

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Certification Inspection

• An FAA Airworthiness Inspector or DAR will
  conduct the certification inspection
• Applicant needs to show compliance with 14 CFR
  Part 91.319

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Its your aircraft

• Builder needs to determine Airworthiness prior to
  certification
• Ensure there is a signed and dated statement from
  the owner in the aircraft records, that
• the aircraft has had an inspection performed in
  accordance with 14 CFR part 43, app D, or
• other approved programs, and
• was found to be in a condition for safe operation

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Its your aircraft

• This statement will support the owners
  inspection and airworthiness statement on block
  III of FAA Form 8130-6

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• Lets take a look at what
• 14 CFR Part 91.319 states!

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14 CFR Part 91.319

• Para (a) No person may operate an aircraft that
  has an experimental certificate -
• (1) For other than the purpose for which the
  certificate was issued or
• (2) For carrying persons or property for
  compensation or hire

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14 CFR Part 91.319

• Para (b) No person may operate an aircraft that
  has an experimental certificate outside of an
  area assigned by the Administrator until it is
  shown that --

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14 CFR Part 91.319

• (1) The aircraft is controllable throughout its
  normal range of speeds and throughout all the
  maneuvers to be executed and

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14 CFR Part 91.319

• (2) The aircraft has no hazardous operating
  characteristics or design features

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14 CFR Part 91.319

• (c) Unless otherwise authorized by the
  Administrator in special operating limitations,
  no person may operate an aircraft that has an
  experimental certificate over a densely populated
  area or in a congested airway

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14 CFR Part 91.319

• The Administrator may issue special operating
  limitations for particular aircraft
• to permit takeoffs and landings to be conducted
  over a densely populated area or in a congested
  airway
• in accordance with terms and conditions specified
  in the authorization in the interest of safety in
  air commerce.

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14 CFR Part 91.319

• (d) Each person operating an aircraft that has
  an experimental certificate shall -
• (1) Advise each person carried of the
  experimental nature of the aircraft and

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14 CFR Part 91.319
(2) Operate under VFR, day only, unless
otherwise specifically authorized by the
Administrator and
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14 CFR Part 91.319

• (3) Notify the control tower of the experimental
  nature of the aircraft when operating the
  aircraft into or out of airports with operating
  control towers.

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14 CFR Part 91.319

• (h)(2)(i) The Administrator may prescribe
  additional limitations that the Administrator
  considers necessary, including limitations on the
  persons that may be carried in the aircraft.

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14 CFR Part 91.319

• Who is the Administrator???

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14 CFR Part 91.319

• Your friendly FSDO
• Aviation Safety
• Inspector!!!!

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Certification Inspection

• Please contact your FAA Aviation Safety Inspector
  (ASI) at least 30 days in advance of your
  requested inspection

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Certification Inspection

• The Inspection will include
• a review of 14 CFR Part 21.193
• a review of the builders log
• an examination of the completed aircraft

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Successful Aircraft Inspection

• Furnish a complete and ready to fly aircraft
  except for cowlings, fairings and opened panels
  for inspection
• Aircraft Registration
• (White Form 8050-3)
• Builders Log
• Log books for the
• Aircraft
• Engine
• Prop

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Successful Aircraft Inspection

• Installation of Placard
• PASSENGER WARNING - THIS AIRCRAFT IS
  AMATEUR-BUILT AND DOES NOT COMPLY WITH FEDERAL
  SAFETY REGULATIONS FOR STANDARD AIRCRAFT

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Issuance of theSpecial Airworthiness Certificate

• A Special Airworthiness Certificate will be
  issued
• Operating Limitations will be issued
• Phase I Phase II
• Appropriate Operating Limitations must be
  on-board aircraft while in operation

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Experimental Amateur-Built Operating Limitations

• Operating limitations must be designed to fit the
  specific situation encountered.
• The ASI and/or designee must review each imposed
  operating limitation with the applicant to ensure
  that the operating limitations are understood by
  the applicant.

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Experimental Amateur-Built Operating Limitations

• Phase I - Flight Test Program
• Initially limited to assigned area
• At least 25 hours for (FAA-approved Type
  Certificated) engine/prop combination
• At least 40 hours if
• non-approved engine/prop
• combination

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Phase I

• Flight Test Program
• Not conducted over densely populated areas or in
  congested airways
• Usually encompasses 25-statute mile radius
• Carrying of passengers not permitted

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Phase II

• Permanent Operating Limitations
• After successful completion of Phase I
  requirements, and
• A log book entry stating so
• Phase II Operating Limitations become effective
  and remain in effect

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Showing Compliance with14 CFR Part 91.319(b)

• Flight test program should be developed in
  accordance with AC 90-89, Amateur-Built Aircraft
  and Ultra light Flight Testing Handbook, or its
  equivalent in scope and detail.

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Showing Compliance with14 CFR Part 91.319(b)

• Applicant should be advised that after the
  experimental amateur-built airworthiness
  certificate has been issued, they must show
  compliance to 14 CFR Part 91.319(b).
• This is done by developing a flight test program
  that addresses the requirements, goals, and
  objectives of each test flight.

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Flight Test Programs

• Flight Test Program Serves 2 Purposes
• Ensures aircraft has been adequately tested and
  determined to be safe to fly within the
  aircrafts flight envelope.
• Flight test data is used to develop an accurate
  and complete aircraft flight manual and to
  establish emergency procedures.

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Flight Test Programs
Note The EAA Flight Advisor program has been
established to assist applicants in developing
flight test programs.
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First Flight Who is going to fly it?

• In most cases, the builder will make the first
  flight
• Some things to think about

• Proficiency
• Transition training
• Currency
• Selecting an Airport
• Developing a plan

• Using a Technical Counselor
• Being willing to cancel the flight
• Being Prepared for Emergencies
• In the air and on the ground
• Weather

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Repairman Certification

• The aircraft builder may be certificated as a
  repairman
• IF
• the builder is the primary builder of the
  aircraft
• AND
• can satisfactorily prove requisite skill in
  operation.

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Repairman Certification

• A Repairman Certificate can be obtained by making
  application to the local FAA FSDO

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LODA Letter of Deviation Authority

• The FAA may issue deviation authority providing
  relief from the provisions of paragraph (a) of
  91.319 for the purpose of conducting flight
  training.
• The FAA will issue this deviation authority as a
  Letter Of Deviation Authority (LODA).

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LODA Letter of Deviation Authority

• (1) The FAA may cancel or amend a letter of
  deviation authority at any time.
• (2) An applicant must submit a request for
  deviation authority to the FAA at least 60 days
  before the date of intended operations.
• Request for deviation authority must contain
• A complete description of the proposed operation,
  and
• Justification that establishes a level of safety
  equivalent to that provided under the regulations
  for the deviation requested.

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Airmen Transition toExperimental orUnfamiliar
Airplanes

• Advisory Circular
• AC 90-109

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Summary

• Amateur Built Aircraft crash more often and are
  more often fatal than Certificated Aircraft
• Significant improvements have been made and the
  historical accident rate is on a downward trend
  however -
• we still have room for improvement

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Summary

• Use the resources available to you EAA / FAA
• Build a simple Risk Management Plan
• Enjoy this wonderful freedom we have!

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Amateur-Built Fatal Accidents 0-5 Airframe Hours
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Amateur-Built Fatal Accidents 41-60 Airframe
Hours
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Carelessness and overconfidence are usually more
dangerous than deliberately accepted risk. -
Wilbur Wright, 1901
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THE END