The rest of the article.......
What about a type certificated engine installed on an experimental amateur-built aircraft?
Again legally, the AD will not apply for several reasons. One reason is that for the engine to comply with its type certificate it must be operated on an approved, type certificated aircraft. Since by definition no engines have been type certificated to operate on an experimental aircraft the engine is no longer in compliance with its type certificate once it is installed on an experimental aircraft. Further, the builder of an experimental aircraft may make any modification they wish to that "type certificated" engine. Once any change has been made to the engine, it is no longer a type-certificated engine. For example, if an AD is issued on a Bendix magneto the owner may remove the magneto and install an experimental electronic ignition system. The owner has still not complied with the AD, nor should he be required to. Further, the owner could simply remove the data plate from the magneto and replace it with one that says "no name magneto S/N 1". Because of this ability to modify any component on an experimental amateur-built aircraft, the fact that no certificated mechanic is required to approve maintenance or alterations (FAR 43.1(b)), and there is no "type design" for the aircraft, it is neither practical nor legal to require compliance with FAR 39 Airworthiness Directives.
This may lead you to the question, what does one have to do to install an engine previously used on a homebuilt on a type certificated aircraft?
The engine must have a conformity inspection performed were a certificated mechanic verifies that every component on the engine is one authorized on the TC for that particular make and model of engine and that all AD's have been complied with. Then the mechanic or repair station would make a log book entry attesting to the fact that the engine is in compliance with its TC. In many cases this would require the complete disassembly of the engine to verify the correct internal parts are in compliance with the TC for that engine. Disassembly could be avoided if the engine records confirm that the engine was in compliance when installed, e.g. factory new, no changes to the engine have been made and that a certificated mechanic performed all the maintenance since installation.
What about insurance?
While EAA cannot speak to every insurance policy issued, we can speak to the EAA Aircraft Insurance Plan by Falcon Insurance. This policy assumes that all components on an experimental amateur-built aircraft are experimental, and therefore compliance with an AD is not expected.
Non-compliance with an AD would not void the Falcon policy.
If AD's are not required, why do they have to be complied with to get a 25-hour instead of a 40-hour test period?
The FAA may impose any restriction they wish to protect the people and property on the ground from your "experiment". The 25-hour test period is given as a "reward" for showing that your engine and propeller combination meet a higher standard of safety than just "safe to fly." You are not required to comply with AD's to get your special airworthiness certificate. You must show the engine and propeller have complied with any applicable AD to qualify for the reduced test period9.
Can the FAA require AD's or the aircraft to be signed off by an A&P as a condition of certification?
No. Only the person who is applying for the certificate makes the determination of airworthiness and the FAA cannot require any other signatures or approvals in determining the airworthiness of a new experimental amateur-built aircraft.12
What about FAR 91.403 requirement to comply with Part 39?
FAR 91.403(a)11 requires the owner or operator of an aircraft to be responsible for compliance with FAR Part 39. As was explained earlier, FAA's legal office has stated that FAR Part 39 is not applicable to experimental amateur-built aircraft because they have no type design. Since FAR 39 is not applicable to experimental amateur-built aircraft - then the owner is always in compliance with the part 39 referred to in FAR 91.403(a).
FOOTNOTES
Report To The Aircraft Certification Management Team, Airworthiness Directive Application Team, April 28030, 1998 Washington, D.C. Team Membership included representatives from FAA offices AIR-200, AFS-610, AIR-200, AFS-300, ACE-100, ANE-100, ANM-100, ASW-100, and AGC-210.
Page 2, Summary of Conclusions.
Report To The Aircraft Certification Management Team, Airworthiness Directive Application Team, April 28030, 1998 Washington, D.C. Team Membership included representatives from FAA offices AIR-200, AFS-610, AIR-200, AFS-300, ACE-100, ANE-100, ANM-100, ASW-100, and AGC-210.
Appendix 1 Page 8, Aircraft with no U.S. TC.
FAR Part 43.1(b) "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."
Report To The Aircraft Certification Management Team, Airworthiness Directive Application Team, April 28030, 1998 Washington, D.C. Team Membership included representatives from FAA offices AIR-200, AFS-610, AIR-200, AFS-300, ACE-100, ANE-100, ANM-100, ASW-100, and AGC-210.
Appendix 1 Page 8, Aircraft with no U.S. TC.
FAR Part 91.319(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- (1) The aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed; and (2) The aircraft has no hazardous operating characteristics or design features."
FAA Order 8130.2D, Chapter 1, page 4, paragraph 9 Interpretation of the Term Airworthy for U.S. Certificated Aircraft. For non-TC'ed aircraft paragraph 9(b) the airworthiness requirement as "The aircraft must be in a condition for safe operation. This refers to the condition of the aircraft relative to wear and deterioration, e.g. skin corrosion, window delamination/crazing, fluid leaks, tire wear, etc."
FAR Part 91.319(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- (1) The aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed; and (2) The aircraft has no hazardous operating characteristics or design features."
FAA Order 8130.2D, Chapter 1, page 4, paragraph 9 Interpretation of the Term Airworthy for U.S. Certificated Aircraft. For non-TC'ed aircraft paragraph 9(b) the airworthiness requirement as "The aircraft must be in a condition for safe operation. This refers to the condition of the aircraft relative to wear and deterioration, e.g. skin corrosion, window delamination/crazing, fluid leaks, tire wear, etc."
FAR Part 91.319(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- (1) The aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed; and (2) The aircraft has no hazardous operating characteristics or design features."
FAA Order 8130.2D, Chapter 1, page 4, paragraph 9 Interpretation of the Term Airworthy for U.S. Certificated Aircraft. For non-TC'ed aircraft paragraph 9(b) the airworthiness requirement as "The aircraft must be in a condition for safe operation. This refers to the condition of the aircraft relative to wear and deterioration, e.g. skin corrosion, window delamination/crazing, fluid leaks, tire wear, etc."
FAR 91.13(a) "Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another."
FAR Part 91.319(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- (1) The aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed; and (2) The aircraft has no hazardous operating characteristics or design features."
AMATEUR-BUILT AIRCRAFT CERTIFICATION INSPECTION GUIDE C\INSPGIDE.DOC:7/10/97 AIR220:GMCNEILL:78152 File Number: 8100-1A: Page 2. I. "Was the engine and propeller originally type designed for operation in a type certificated (TC) aircraft? Is the installed engine/prop a compatible combination? (This would be validated by the engine/prop combination being listed on a type certificate data sheet for a certificated aircraft). This information will dictate whether the Phase I test flight time is 25 or 40 hours. To be eligible for the 25 hours, the certificated engine and propeller combination when installed, must be "airworthy." This means, the engine and propeller must meet its type design and be in a condition for safe operation. All applicable Airworthiness Directives must be complied with at this time. If these conditions are not met, the aircraft limitations will mandate the 40 hour Phase I test-flight time requirement."
FAR 91.403(a) "The owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition, including compliance with part 39 of this chapter."
FAA Order 8130.2D Airworthiness Certification Of Aircraft and Related Products, Chapter 4, Section 7 Experimental Amateur-built Airworthiness Certifications, Paragraph 128(b)(7) Note: "There is NO requirement for Airframe and Powerplant mechanics to sign off amateur-built airworthiness inspection. The Aircraft builder's signature on Form 8130-6 Block III attest to the airworthiness of the amateur-built aircraft."