REFLECTOR: AMATEUR-BUILT MAINTENANCE

[steve korney]

Something that might apply....


AMATEUR-BUILT MAINTENANCE
By Earl Lawrence, EAA Government Programs Office

The EAA Government Programs office has recently received many questions 
about who can do maintenance and what maintenance is required on an 
experimental amateur-built aircraft. So I thought this would be a good time 
to review the regulations.

FAR Part 43.1 (b) specifically excludes experimental aircraft. It states, 
"This part does not apply to any aircraft for which an experimental 
airworthiness certificate has been issued, unless a different kind of 
airworthiness certificate had previously been issued for that aircraft." I 
stress the word aircraft so that it is not interpreted to include an engine.

What about major repairs and alterations? First, you never have to fill out 
a form 337 for an experimental aircraft. Repairs, major or minor, can be 
done by anyone ( remember Part 43.1 (b). However, alterations are different. 
If you alter the aircraft with a different propeller or engine, for example, 
then it is not the airplane for which you received an airworthiness 
certificate. This would also apply to changing pistons or magnetos. It is a 
new and untested airplane. If you change propellers, you must notify the FAA 
(not by a 337) of your change.

Your aircraft's operating limitations should have a statement such as the 
following in regard to major changes: "The FAA cognizant Flight Standards 
Office must be notified, and their response received in writing, prior to 
flying this aircraft after incorporating a major change as defined by FAR 
21.93."

If you do not have such a statement on your operating limitations, then you 
can claim you do not have to notify the FAA. However, EAA suggests that you 
do so even if you do not have this limitation.

The FAA inspector will make a determination as to whether he needs to come 
out and inspect the change and/or assign a new test-flight period. If the 
inspector gives you an OK by letter (which is often done), you should note 
the date, time, name, and change in your aircraft log book. If the inspector 
wants to inspect the aircraft, it is the same as when you first received 
your airworthiness certificate. You start all over. It is a new airplane. 
This information is covered in the FAA ORDER 8130.2C paragraph 142 "Issuance 
Of Experimental Operating Limitations." Every FAA inspector has a copy of 
this ORDER.

If the aircraft received its original airworthiness certificate based on the 
fact that the engine was certified and you alter it in any manner that would 
render it no longer within certification requirements, then you must notify 
the FAA of your change and receive an approval.

Look at it this way, you may use any combination of parts you wish to build 
your aircraft. However, once you receive your airworthiness certificate you 
cannot alter it without getting the FAA to reinspect the "new" aircraft.

ADs apply to all aircraft, aircraft assemblies and parts the AD is written 
against, no matter what type of aircraft they are installed in. The key to 
this statement is, "that the AD is written against." For example, if an AD 
is written against a particular make, model and serial number propeller, it 
only applies to that particular make model and serial number. It applies to 
that particular make model and serial number propeller no matter what 
aircraft it is installed on. Now this is where I complicate things. You, as 
an amateur builder, remove the data plate of that propeller, send it to the 
FAA, the FAA notifies the manufacturer, and you make it a Ross propeller 
model R1, serial number 001. Now the propeller is no longer the propeller 
listed in the AD, so it does not apply. The FAA may, however, issue a new AD 
against the Ross propeller model R1 serial number 001. To date the FAA has 
never done this, but they can.

If you install an electronic ignition system on a Lycomming engine, you are 
still responsible for ADs on other accessories on the engine and the engine 
itself if you have the component listed on the AD on your engine. And, of 
course, if you haven't changed its designation to the Ross model R1 serial 
number 001. In general, you can say if your AC received its airworthiness 
certificate based on the fact it had a certified engine, then the ADs apply. 
If you received an airworthiness certificate based on the fact that your 
engine was not certified, then the ADs don't apply.

Isn't this fun?!

Now about who can do work on amateur-built aircraft. Anyone can normally 
work on an experimental aircraft and sign off the work, including your 
two-year-old son. Some FAA field inspectors do not believe this. Remember 
FAR Part 43.1(b) "This part does not apply to any aircraft for which an 
experimental airworthiness certificate has been issued." The operating 
limitations that each experimental aircraft must have are what replaces Part 
43. Each set of operating limitations is different. However, an FAA 
inspector has the power to place a requirement in the operating limitations 
that all work must be done by an FAA certified A&P. So far to EAA's 
knowledge, this has never happened on an amateur built aircraft. Most 
operating limitations contain a statement that says an annual "condition" 
inspection must be performed per the scope and detail of FAR Part 43 
Appendix D. It also states that an FAA certificated A&P or repairman must 
perform this inspection. Note it says, "A&P or Repairman." It does not 
require an IA.

Let me clarify this. Anyone can work on an experimental aircraft and sign 
off the work. However, the annual "condition" inspection must be completed 
by an A&P or a Repairman.

I hope this clarifies some of the confusion that is out there.

Best... Steve