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By Peter Conner
The recent series of local airplane accidents makes many of us sit back and assess our own flying experiences. The fact that one of these fatal accidents involved an experimental, amateur-built aircraft brings it even closer to home for many of us. For those of you who fly ultralight aircraft, the various FAA regulations do not even apply, but what if you decide to have your flying machine certified as an experimental aircraft? This now brings up an entirely different set of rules and regulations.
When the FAA established Part 43, which deals with maintenance, preventative maintenance, rebuilding and alterations, they purposely did not intend it to apply to experimental aircraft. In fact, this regulation does not even mention experimental aircraft. So how then does the so called "homebuilt airplane" fit into the scheme of things? This situation will be the purpose of my comments.
When each and every amateur-built aircraft receives its "Special Airworthiness Certificate," which is in effect the plane's birth certificate, there will be attached to this pink colored certificate a set of operating limitations. These limitations will be attached to the certificate and must always remain with it for the life of the plane. In fact, they are dated and listed on the airworthiness certificate as necessary for the validity of the certificate. These limitations contain numerous requirements for the particular aircraft, but some limitations are common to most all. One of the limitations usually imposed by the inspector reads like this: "No person may operate this aircraft unless within the preceding 12 months it has had a condition inspection performed in accordance with FAR Part 43, Appendix D and has been found to be in a condition for safe operation. In addition, this inspection shall be recorded in accordance with FAR 43, Appendix D." The next limitation will usually say, "The builder of this aircraft, if certified as a repairman, FAA certified technician holding an airframe and power plant rating/or appropriately rated repair stations may perform condition inspections in accordance with FAR 43, Appendix D." While it's a fact that the builder of a plane may qualify for a repairman's certificate, that certificate will not be considered until the plane has completed either the 25 or 40 hours that are required for the test phase. When an individual builds an aircraft, while he or she assumes some liability for the workmanship of the project, the inspector who issues the airworthiness certificate assumes a great deal of the responsibility. It certainly seems ironic, but after you build the plane and a representative of the FAA inspects it, you are not automatically entitled to disassemble or repair anything you want. In fact, until you are found qualified to be a repairman for that particular plane, you may not even perform the required inspections. If you are not the original builder, you are not entitled to a repairman's certificate; hence, you are not qualified to perform the required inspections.
The preceding statements reflect the intentions of the FAA regulations; they in no way take into account the ability of the individual in question. Unfortunately, there is no provision for the experience of individuals. So we must live within the guidelines presented. The fact that someone has built an entire aircraft from the ground up doesn't give them the authorization to disassemble components, alter engines, or perform other maintenance normally done by licensed mechanics. The experimental aircraft movement is a fantastic opportunity for more affordable aviation for many, but we must all remember our limitations, and work together to keep it the successful program that it currently is.
This article appeared in the July 1998 issue of the Middleboro Ultralight Association newsletter, Volume 7, Number 7, page 3.