An E-LSA IS allowed to be modified after it is certificated.
I have a buddy who is building an RV-12 and wants to stay ELSA compliant, so he couldn't add the A/P unless Van's approves it - correct?
Correct, you must build the plane exactly as their S-SLA conforming article (test plane) is approved. However, as I understand it, after it is certified and flying, you MAY be able to do field approvals AKA changes.
I found the following on the FAA's website -
http://www.faa.gov/news/aviation_news/2006/media/novdec2006.pdf - that says an E-LSA is allowed to be modified after it is certificated. On page 32 the FAA says, "Modification of the ?light-sport kit? aircraft can be at will after original certification."
Also, in the May 2005 issue of Kitplanes on page 39 is the following:
"After the aircraft is inspected by the FAA (or DAR) and receives its ELSA airworthiness certificate? well, things open up considerably. The owner is no longer restricted by the manufacturer's instructions. He or she may change the aircraft as they desire as long as it still meets the gross weight, stall speed, cruise speed and other limitations of the LSA definition. The local FAA may also require a repeat of the test period."
See:
http://www.sportpilot.org/questions/afmviewfaq.asp?faqid=291 and
See:
http://www.sportpilot.org/questions/afmviewfaq.asp?faqid=1600
Below is a reply from Joe Norris, Senior Aviation Specialist at EAA, to my email.
Hello Joe,
It?s ALWAYS legal to modify an experimental aircraft. That?s the nature of the experimental certification categories.
The only time when it?s not acceptable to modify an experimental aircraft is BEFORE the initial certification of an ELSA that?s built from a Consensus Standard-compliant kit from an SLSA manufacturer. This certification category, under the authority of 14 CFR 21.191(i)(2) requires that the aircraft be assembled in accordance with assembly instructions provided by the manufacturer. Since this application requires a Statement of Compliance (FAA Form 8130-15) from the manufacturer, the only way that statement can be valid is if the aircraft is assembled strictly in accordance with the manufacturer?s instructions.
However, once that ELSA gets its airworthiness certificate it is an EXPERIMENTAL aircraft just like any other, and you will find no regulation that restricts the modification of such aircraft. The only guiding document will be the aircraft?s operating limitations (issued by the FAA as a part of the airworthiness certificate) which will require an approval process to be adhered to if a major change is made. This does not prohibit the change, but does put in place a specific procedure to approve the change.
There is no FAA document that specifically says an ELSA (or any other experimental aircraft) can be modified. The more important issue though, is that you can?t find any regulation or guidance that would prohibit such modification. The maintenance and repair regulations found in 14 CFR Part 43 specifically do NOT apply to experimental aircraft, as stated in 43.1(b):
This part does not apply to any aircraft for which the FAA has issued an experimental certificate, unless the FAA has previously issued a different kind of airworthiness certificate for that aircraft.
This specifically states that the maintenance and repair regulations found in part 43 do not apply to an experimental aircraft. That being the case, there is no restriction on who performs maintenance, repair or modification.
I hope this helps to explain the situation. If not, let me know what further questions you have.
Joe Norris
EAA 113615 Lifetime
Homebuilders Community Manager
EAA?The Spirit of Aviation
www.eaa.org
See you at EAA AirVenture Oshkosh?July 27 ? August 2, 2009
From: Joe
Sent: Tuesday, August 12, 2008 3:22 PM
To: Joe Norris
Subject: E-LSA rule
Joe Norris,
I talked with you after a forum at OSH about being able to modify an E-LSA after it is certificated. I need something in writing to prove to my friend at the local EAA Chapter 13 that it is legal to modify a completed E-LSA. Could you provide me a link to an EAA or preferably a FAA website that states the rules regarding modifications to an E-LSA AFTER it has been issued an airworthiness certificate?
Thanks for your help.
Joe Gores
