Experimental or not?

All experimentals come with a set of Operating Limitations. Within this
document can be placed a restriction to follow what ever FAR they want to
impose. "Must be Maintained by an A&P" and then that is a requirement. Must
write a maintenance manual and have it approved by the MIDO then that must
be done before flight. Must follow FAR 91.xxx then that what you have to
do. The FARs may remove regulations, the OpLims put them back in spades.
--
Cy Galley
EAA Safety Programs Editor
Always looking for ideas and articles for EAA Sport Pilot


"Juan Jimenez" wrote in message
...

"Ron Wanttaja" wrote in message
...
There are two main airworthiness categories: Standard and Special.

Standard airworthiness aircraft are proven to meet certain FAA
standards, and
The FAA waiver usually demands that these planes receive
professional-type
maintenance similar to that of standard airworthiness aircraft (e.g.,
the L-39
instructor won't be allowed the maintain the plane himself unless he has
an A&P
license).

Ron "It's *albatross* bloody flavor" Wanttaja

I'm curious what warbird experimentals come with a restriction that A&P's
must maintain them. Far as I know, all experimentals are still exempt from
FAA Part 43, and all of them carry the same annual condition inspection
requirement in the operating limitations...

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.

??

Ron Wanttaja wrote in message . ..

Sorry for being late. I was busy during the last days so I couldn't
answer.

There are two main airworthiness categories: Standard and Special.

Standard airworthiness aircraft are proven to meet certain FAA standards, and
they must be maintained to ensure their continued compliance with those
standards. At given intervals they must be inspected to ensure they still
conform to the Type Certificate they receive. Since these aircraft are known
quantities, they may be placed into commercial service with no further FAA
certification action (although some additional equipment may be required for
some operation).

Standard airworthiness includes normal, aerobatic, utility, transport, commuter,
and transport categories.

Special airworthiness is used for airplanes that either have not undergone the
FAA certification process, or specific changes are made to them that take them
outside the limits established by their type certificate. Operation of Special
airworthiness aircraft is basically governed on a *per aircraft* basis. The FAA
assigns operations limitations to each aircraft, and these limitation are not
blanket to a given aircraft type nor are they transferrable to an identical
aircraft.

Ok. So that means if I build a kitplane and get an airworthiness
certificate this doesn't necessarily mean that my neighbour building
the exactly same kit with exactly the same parts. Understandable, as
even with the same parts the quality of work may differ.

Special airworthiness categories include Limited, Primary, Restricted, Special
Light Sport, and Experimental. Commercial operations are *not* prohibited, but
they require specific FAA approval. The degree to which the FAA grants such
permission varies.

Ok. So if I want to use my experimental commercially I need to get FAA
approval first.

The Experimental category under the Special Airworthiness includes a number of
categories, such as racing, market survey, R&D, Exhibition, experimental LSA,
and amateur-built.

Racing is clear. What is the difference between the other categories?
I assume amateur-built means a plane built by hobbyists. R&D probably
is something like an experimental airplane from a plane manufacturer
like the YF-22, right? What is experimental LSA?

I also wonder when a plane is amateur-built. I assume it's the case if
someone without special knowledge builts a plane by itself. What about
if he does that commercially (building planes and selling them)? Or
what about if a aircraft construction engineer builds a plane? He
probably can't be considered as amateur?

The FAA's *policy* may be to deny permission for these
aircraft to operate commercially, but such policies can be waived. You just
have to give the FAA a good reason why the waiver is a good idea.

So in the end that means it's basically not allowed to use them
commercially, but this can be overcome by a waiver.

As others have described very nicely, the L-39 Albatross may be a safe,
professionally-designed aircraft, but it never was awarded a US type
certificate, nor any similar type certificate that the US is treaty-bound to
honor. Hence, it can never be operated normal or any other Standard category.
That tosses it into the Special airworthiness category, and the category it
apparently best fits into the Experimental/Exhibition one.

I understand.

Obviously, with dozens L-39s being imported to the US, having a school that can
check folks out in them is a real good idea. So the FAA will issue a waiver
allowing them to operate one or several aircraft to train folks. Similarly,
having a school for training civilian test pilots is also beneficial to
aviation, hence a waiver was possible. Similarly, manufacturers of
high-performance homebuilts have received waivers allowing them to provide
training in a company-built example.

I understand

The FAA waiver usually demands that these planes receive professional-type
maintenance similar to that of standard airworthiness aircraft (e.g., the L-39
instructor won't be allowed the maintain the plane himself unless he has an A&P
license).


So basically if You maintain Your plane according to the manufacturer
standards and if You have a valid reason chances are good that You can
get a waiver to allow commercial operation.

Thank You very much for your very detailed explanation. And of course
to everyone here that answered to my (probably somehwat stupid)
questions.

JJ.

On 12 Apr 2005 10:35:47 -0700, (John D. Abrahms) wrote:

Ron Wanttaja wrote in message . ..

Ok. So that means if I build a kitplane and get an airworthiness
certificate this doesn't necessarily mean that my neighbour building
the exactly same kit with exactly the same parts. Understandable, as
even with the same parts the quality of work may differ.

Yep! As far as the FAA is concerned, the two aircraft aren't even related to
each other.

The Experimental category under the Special Airworthiness includes a number of
categories, such as racing, market survey, R&D, Exhibition, experimental LSA,
and amateur-built.

Racing is clear. What is the difference between the other categories?

They're spelled differently. :-)

I assume amateur-built means a plane built by hobbyists. R&D probably
is something like an experimental airplane from a plane manufacturer
like the YF-22, right? What is experimental LSA?

FAR 21.191:

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft
equipment, new aircraft installations, new aircraft operating techniques, or new
uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other
operations to show compliance with the airworthiness regulations including
flights to show compliance for issuance of type and supplemental type
certificates, flights to substantiate major design changes, and flights to show
compliance with the function and reliability requirements of the regulations.

(c) Crew training. Training of the applicant's flight crews.

(d) Exhibition. Exhibiting the aircraft's flight capabilities, performance, or
unusual characteristics at air shows, motion picture, television, and similar
productions, and the maintenance of exhibition flight proficiency, including
(for persons exhibiting aircraft) flying to and from such air shows and
productions.

(e) Air racing. Participating in air races, including (for such participants)
practicing for such air races and flying to and from racing events.

(f) Market surveys. Use of aircraft for purposes of conducting market surveys,
sales demonstrations, and customer crew training only as provided in § 21.195.

(g) Operating amateur built aircraft. Operating an aircraft the major portion of
which has been fabricated and assembled by persons who undertook the
construction project solely for their own education or recreation.

(h) Operating kit-built aircraft. Operating a primary category aircraft that
meets the criteria of § 21.24(a)(1) that was assembled by a person from a kit
manufactured by the holder of a production certificate for that kit, without the
supervision and quality control of the production certificate holder under §
21.184(a).

(i) Operating light-sport aircraft. Operating a light-sport aircraft that-
(1) Has not been issued a U.S. or foreign airworthiness certificate and does
not meet the provisions of §103.1 of this chapter. An experimental certificate
will not be issued under this paragraph for these aircraft after August 31,
2007;
(2) Has been assembled-
(i) From an aircraft kit for which the applicant can provide the information
required by §21.193 (e); and
(ii) In accordance with manufacturer's assembly instructions that meet an
applicable consensus standard; or
(3) Has been previously issued a special airworthiness certificate in the
light-sport category under §21.190.

I also wonder when a plane is amateur-built. I assume it's the case if
someone without special knowledge builts a plane by itself. What about
if he does that commercially (building planes and selling them)? Or
what about if a aircraft construction engineer builds a plane? He
probably can't be considered as amateur?

Correct, and the plane can't be registered as Experimental Amateur-Built.

The FAA's *policy* may be to deny permission for these
aircraft to operate commercially, but such policies can be waived. You just
have to give the FAA a good reason why the waiver is a good idea.

So in the end that means it's basically not allowed to use them
commercially, but this can be overcome by a waiver.

Pretty much. Note, though, that it's up to the FAA discretion. Unless a formal
policy letter has been published (like for homebuilts), the limitations imposed
on Special airworthiness category aircraft is set by the individual FAA
inspector. If he doesn't want to risk his career....

So basically if You maintain Your plane according to the manufacturer
standards and if You have a valid reason chances are good that You can
get a waiver to allow commercial operation.

As mentioned above, though, you are not *guaranteed* a waiver. If the FDSO guy
is having a bad morning, you may find yourself denied. Often, some FSDOs are
more lenient that others...folks may actually apply to FSDOs outside their own
districts.

Finally, it should be noted that many of the Experimental airworthiness
certificates are only good for a single year. At the end of the year, you have
to re-apply for it, and if you get a different inspector, your new operating
limitations may be much more strict. Experimental Amateur-Built airworthiness
certificates are at least permanent.

Ron Wanttaja

On Wed, 13 Apr 2005 07:56:06 -0700, Richard Riley
wrote:

On Wed, 13 Apr 2005 06:38:44 GMT, Ron Wanttaja
wrote:

:I also wonder when a plane is amateur-built. I assume it's the case if
:someone without special knowledge builts a plane by itself. What about
:if he does that commercially (building planes and selling them)? Or
:what about if a aircraft construction engineer builds a plane? He
:probably can't be considered as amateur?
:
:Correct, and the plane can't be registered as Experimental Amateur-Built.

Whaaa? Ron, I agree of course as to part 1 of his question (doing it
commercially) but if an "aircraft construction engineer" builds an
airplane solely for his or her own education or recreation, it can be
registered under 21.191g.

You're right, of course...I was still thinking of a build-for-hire situation.
The "Amateur-Built" moniker is convenient, but the important thing is whether
the builder is doing it for pleasure or education, not for a profit.

Ron Wanttaja