Autopilot - Yes, it triggers FAA Reg 21.93

If this reg/insurance issue was posted elsewhere, I apologize for my redundancy but I could not find it.

After completing the installation of Dynon's autopilot in my 9A, I read a post on Vans concerning whether or not such a device is a major change according to FAA regs. While compliance with the regs is important, giving my insurance company a way to weasel out of paying for any mishap is equally important to me.

According to FAA Regulation 21.93, a “minor change” is one that has no appreciable affect on the weight, balance, structural strength, reliability, operational characteristics or other characteristics affecting the airworthiness of the product. All other changes are "major changes" of the airplane.

I spoke to the FSDO in Scottsdale, AZ and it was apparent to them, and apparent to me that an autopilot DOES change the operational characteristics of the airplane. Plus, any good lawyer could argue that an autopilot ALSO affects the reliability of the airplane.

Therefore, with compliance & insurance protection in mind, I made the following entries to my AVIONICS & AIRFRAME logbook.

I certify the following tests were conducted on this airplane.

Flight tests were conducted using the NAV, HEADING, and TRACK features of the autopilot. I found no unsafe conditions using these features.


The full range of aileron, rudder, trim, flaps was tested and found to be working.

The disconnect circuit that was installed on the pilot stick was successfully tested.

The panel mounted disconnect circuit that was installed was successfully tested.

The breaker disconnect circuit that was installed on the instrument panel was successfully tested.

The ability of the pilot to override the autopilot servos was successfully tested.

In total, 10 hours of flight time was recorded using the autopilot.

I certify this aircraft has been inspected with the scope and detail of Appendix D 2.43 and has been found to be in condition for safe operation.

If anyone else has other comments they believe are warranted, please send them along. If anyone else thinks that this was unnecessary, one call to any FSDO should rectify that misconception.

The regs look crystal clear to me, and thank you DOUG for hosting this incredible website. Your website has saved me countless money, time & effort, and in this instance, perhaps a future fracas over insurance. I apologize for sending in my annual $25 dues a little late.

Phase 1?

A comment, I didn't see any mention of a return to Phase 1, as spelled out in the Opps Specs:

(19) After incorporating a major change as described in ? 21.93, the aircraft owner is required to reestablish compliance with ? 91.319(b) and notify the geographically responsible FSDO of the location of the proposed test area. The aircraft owner must obtain concurrence from the FSDO as to the suitability of the proposed test area. If the major change includes installing a different type of engine (reciprocating to turbine) or a change of a fixed-pitch from or to a controllable propeller, the aircraft owner must fill out a revised Form 8130-6 to update the aircraft?s file in the FAA Aircraft Registry. All operations must be conducted under day VFR conditions in a sparsely populated area. The aircraft must remain in flight test for a minimum of 5 hours. The FSDO may require additional time (more than 5 hours) depending on the extent of the modification. Persons nonessential to the flight must not be carried. The aircraft owner must make a detailed logbook entry describing the change before the test flight. Following satisfactory completion of the required number of flight hours in the flight test area, the pilot must certify in the records that the aircraft has been shown to comply with ? 91.319(b). Compliance with ? 91.319(b) must be recorded in the aircraft records with the following, or a similarly worded, statement: ?I certify that the prescribed flight test hours have been completed and the aircraft is controllable throughout its normal range of speeds and throughout all maneuvers to be executed, has no hazardous characteristics or design features, and is safe for operation. The following aircraft operating data has been demonstrated during the flight testing: speeds Vso ______, Vx ______, and Vy ______, and the weight ______, and CG location ______ at which they were obtained.?

John Clark
RV8 N18U "Sunshine"
KSBA

What do your AWC operating limitations say about making a major change?

You are correct!

MrNomad said:

I certify this aircraft has been inspected with the scope and detail of Appendix D 2.43 and has been found to be in condition for safe operation.

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Anything connected to the control system can affect the control ability and flight characteristics of the airplane.
I hope the above is a typo on your part and should be..."I certify that this aircraft has been inspected to the scope and detail of Appendix D to part 43 and was found to be in a condition for safe operation."
And as has been stated above, make sure you have made the proper phase I reentry and sign off as required by your operation limitations.

Mel... shouldn't this statement...

Mel said:

Anything connected to the control system can affect the control ability and flight characteristics of the airplane.
I hope the above is a typo on your part and should be..."I certify that this aircraft has been inspected to the scope and detail of Appendix D to part 43 and was found to be in a condition for safe operation."
And as has been stated above, make sure you have made the proper phase I reentry and sign off as required by your operation limitations.

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...only be used for the equivalent of a full annual ispection?

The header in the FAA text says...

Appendix D--Scope and Detail of Items (as Applicable to the Particular Aircraft) to be Included in Annual and 100-Hour Inspections

It seems partial inspections should not use this text, and the autopilot addition is a test of aerodynamics and controllability, but only relevant to a partial system of the plane.

The text quoted above (or the equivalent in your Operating Limitations) seems to be applicable here...

?I certify that the prescribed flight test hours have been completed and the aircraft is controllable throughout its normal range of speeds and throughout all maneuvers to be executed, has no hazardous characteristics or design features, and is safe for operation. The following aircraft operating data has been demonstrated during the flight testing: speeds Vso ______, Vx ______, and Vy ______, and the weight ______, and CG location ______ at which they were obtained.?

What about changing autopilots?

Is it considered a major change to switch from one AP servo to another one?

I am in the process of doing that myself.

rvator51 said:

Is it considered a major change to switch from one AP servo to another one?

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Do I need to contact the FSDO? Phase I flight testing?

Kent

Question-

Barry,

You mention the disconnect on the pilot stick. I have always wondered if this was a regulatory requirement other than part of a manufacturer STC? I don't think people recognize how easy it can be to bump the disconnect, turn off the autopilot, but THINK that it is STILL on. This condition could be serious on an approach.

az_gila said:

...only be used for the equivalent of a full annual ispection?



It seems partial inspections should not use this text, and the autopilot addition is a test of aerodynamics and control ability, but only relevant to a partial system of the plane.

The text quoted above (or the equivalent in your Operating Limitations) seems to be applicable here...

?I certify that the prescribed flight test hours have been completed and the aircraft is controllable throughout its normal range of speeds and throughout all maneuvers to be executed, has no hazardous characteristics or design features, and is safe for operation. The following aircraft operating data has been demonstrated during the flight testing: speeds Vso ______, Vx ______, and Vy ______, and the weight ______, and CG location ______ at which they were obtained.?

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I was simply correcting the "2.43" as should be reading "to part 43".
You are correct with your statement. That's why I added to make sure the phase I sign off is properly logged. This is the statement you are addressing.

kentb said:

Do I need to contact the FSDO? Phase I flight testing?

Kent

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Kent, it depends on what your operating limitations say.

There was a small envelope in the beginning of the major change language that did not include contacting the FAA for concurrence on the phase one test area. That was back in 2001-02.

After that, contact with the FAA was included in the wording of making a major change.

Actually...

Mel said:

I was simply correcting the "2.43" as should be reading "to part 43".
You are correct with your statement. That's why I added to make sure the phase I sign off is properly logged. This is the statement you are addressing.

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...I was sort of correcting Barry's original quote.

It looked like he was writing both statements in the log book at the same time....... and I thought you were agreeing with that, and just fixing his typo...

Thank you Mel!

Mel:

No kidding, I sincerely thank you for alerting me to my oversight concerning this entire matter. It was your post more than 2 weeks ago that raised the red flag.

The Scottsdale FSDO folks were very nice and the rules are abundantly clear. The FSDO folks did say that my tests should be conducted inside the area set forth for the initial 40 hours. Fortunately for me, my range includes a 150 mile radius.

I will correct my documentation errors.

Primarily, my intent of publishing this issue was two fold. Others who are installing APs could easily overlook this requirement and thereby risk an action from the FAA. Equally important, there is no reason to jeopardize your insurance coverage when the issue is so easily remedied. God knows I test everything that goes into that airplane. Just ask my neighbor Gil.

I vigorously disagree with another comment I read (not yours) which went like: "Ask 10 FSDOs the same question and you'll get 11 answers". Reading the regs, there is only one answer to this issue (it is a major change) and I wouldn't want to have to defend my inaction in court.

Second, this issue underscores the excellent service Doug provides us by virtue of his website. If not for this medium, lots of people would be taking all kinds of unknown risks.

Thank you Doug. The Goddess Who Rules All sent you a check today.

Please help me out here If there is no equipment list and no details except the form regarding the engine and prop during the certification process, how would anyone know of a change or addition to the aircraft except for changes to the engine or prop? Or I might add a major deviation from the plans. Larry

LARCO said:

Please help me out here If there is no equipment list and no details except the form regarding the engine and prop during the certification process, how would anyone know of a change or addition to the aircraft except for changes to the engine or prop? Or I might add a major deviation from the plans. Larry

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Excellent question. A grizzled old A&P told me one time, "Be careful what you log".

He might be grizzled...

Sam Buchanan said:

Excellent question. A grizzled old A&P told me one time, "Be careful what you log".

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...but it probably does not exempt him for the requirements of 91.417...

http://www.risingup.com/fars/info/part91-417-FAR.shtml

...but the owner can destroy some of the records after one year per the FAR...

But a careful reading of (2)(i) would seem to say that most records need to be retained the plane, since almost all maintenance record (aka log book) entries are required to have the Total Time in Service noted.

Jimd said:

... I don't think people recognize how easy it can be to bump the disconnect, turn off the autopilot, but THINK that it is STILL on. This condition could be serious on an approach.

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With the Dynon AP, you get an audio alert when disconnecting the auto pilot. In addition the roll and pitch servo status is displayed in the lower left of the Dynon EFIS screen. With this system, if you are flying and think you have the AP engaged but don't, you simply shouldn't be flying.

Mel, should I make a log book entry every time I upgrade the software on my Dynons? (This could fill a log book because being a Beta tester I get a few software revisions prior to the final release.)

What about an upgrade of existing?

Do you need to put the airplane back in Phase1?

The FAA does not use...

N941WR said:

..... should I make a log book entry every time I upgrade the software on my Dynons? (This could fill a log book because being a Beta tester I get a few software revisions prior to the final release.)

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...use the word log book, they use "Maintenance Records"

You can have multiple books, three ring binders, cocktail napkins (just joking......) containing the records.

As a Dynon Beta tester, I would think a separate book of Dynon changes would be a good idea, and with in the FARs.

In spite of what Sam's "Grizzled A&P" says, you can always write more than the FAA required minimum in your Dynon logs - and I am sure Dynon would like to see your notes and impressions on each software change.