Home Built 51% Rule Under the Gun

Committee To Review 51% Rule
Government, Industry Partnership To Review Amateur-Builder Statutes

The FAA is concerned that some builders-for-hire and commercial
"builder's assistance" providers are doing more that the FARs permit
when it comes to amateur-built aircraft.

On September 6th, the FAA convened the first meeting of the
Amateur-Built Aviation Rulemaking Committee, comprised of 17
representatives of government, general-aviation groups, and aircraft
kit manufacturers. EAA holds a key leadership position on this
committee with one interest in mind: preserving the rights of amateur
builders.

In a release, EAA vice president of industry and regulatory affairs,
and Co-Chair of the committee, Earl Lawrence said, "With this much
FAA scrutiny, our members' rights to build and fly their own aircraft
are at risk. Those individuals and vendors who circumvent the letter
and intent of the experimental rules are putting all amateur-building
enthusiasts' privileges in jeopardy."

Lawrence shares the committee's leadership with FAA Manager Frank
Paskiewicz and Van's Aircraft CEO Richard VanGrunsven.

"Our participation and leadership on this committee provides an
effective avenue for protecting the rights of our EAA-member builders,
craftsmen, kit-assemblers, and restorers," Lawrence said.

During the meeting, the group refined its mission, distilling its broad
purpose of examining the letter and intent of federal rules governing
the amateur building of aircraft into several objectives:

Investigate the effects of builder or commercial assistance on
compliance with the "51% Rule," the stipulation that an individual
must perform the majority of the construction tasks in building an
experimental airplane

More precisely define the elements of the 51% Rule to ensure more
uniform application and adherence across the industry

Explore opportunities for creating new amateur-building regulations,
directives, advisory materials, and implementation strategies that
would advance the represented groups' mutual interests

Document findings and present them to the appropriate policy-making
authorities.

The group broadly agreed on its interest to preserve the original
language and intent of the amateur-building regulations. There was also
consensus that builder or commercial assistance should remain an option
for those attempting to build their own airplanes.

The group will focus on builder or commercial assistance providers who
circumvent the intent of current regulations by performing the majority
of the construction tasks on behalf of their customer.

"In the meantime," Lawrence said, "we are counting on the
amateur-building community to practice good peer-review and
self-policing techniques. Cutting corners on the 51% rule is a
disservice to the educational and recreational function for which the
aircraft-building experience is intended.

The Committee will meet next in November in Washington, D.C.