> >>> > > boberrorusa wrote:
>>>> > > Paul, please consider the attachment only if you feel it
might have any
>>>> > > value. And is appropriate for "ACRE."
>>>> > > Thanks, Bob.
> >>>> http://www.ellison-tbi.com/homebuilt_court_decision.htm
>>>Just shows to go you even if you have insurance on your experimental
>>>does not mean the insurance company will not try to wiggle out of it
>>>any way they can when you crash.
>>>
>>>Paul Lamar
>Ken Welter wrote:
>> Bottom line is don't write it in the log book, if he had not written
>>it in the book no one would have known.
>>
>> Ken
Also had he complied with the laws that regulate us he would not have
had the problem either.
We are supposed to self regulate ourselves in these matters. It is our
duty and responsibility, to obey the law.
Royce
He complied with the law as the FAA would not call this a major mod
and would not want to re certify something this trivial.
The law says that you can make mods and sign them off yourself in
this experimental world, can you imagine calling the FAA every time
we change oil coolers, radiators and other stuff that we do.
Also the FAA laws have changed since this old 1998 case and I have
heard that this case was part of what caused those changes.
Ken
Well, it all depends, Ken. Different FBOS call the shots different. A Major alteration is something your do that can/may
affect the safety, performance or flight characteristics of your aircraft. Most would say messing with/changing the fuel
systems definitedly falls in the category of a major modification. And even though he returned the fuel system to its original
(certifed?) configuration before the accident, without the Legal cover of having it reinspected, he was legally screwed.
Indeed, he may not have thought he needed to get it reinspected since he returned it to its original configuration.
Also if you do not perform you required annual Conditional inspection (Annual for Certified aircraft) AND Log it in your
aircraft log book, the insurance companys can point to that as you flying an aircraft not up to the FAA requirements. If you
are doing repairs to the homebuilt that YOU built you should have your "Limited Repairman's Certificate" to make you legal to do
so. If you do not then the FAA has not legally sancaioned you to do such repairs. So if you bother to carry insurance, I would
certainly cross the paper work "ts" and dot the "is". if for no other reason to make it as difficult as you can for the
insurance company to wiggle out on a "techanality.
I have logged three major modifications, 1. when I changed the engine from the 86-91 turbo block, 2. when I switched from the
Ross drive box to Tracy's and 3. when I changed the intake system. Gee, I wonder If I should have logged the inlet duct area
reduction ...Hmmmm.
It may not be well know, but, the FAA in the past two years decided they didn't want to be bothered with even "Major Change"
recertification for homebuilts. Therefore, they permit your to get your airworthiness paper work (the one with all the
limitations written in) modified to include a provision that you are authorized to perform "Major Changes". Once you have that
in your paperwork (I had mine done about 1 1/2 years ago) you are legal to make the major changes AND sign them off in the
aircraft logbook yourself - with a very precisly worded phrase that in effect says "That the test you did (must be 5 hours of
flying) it didn't harm the safety of the aircraft and also record the new stall, Vy and gross weight". Once you have complied
you are done. You do not need the FAA's reinspection.
However, if your paper work does not have this specific authorization then you MUST have the FAA inspect after a Major Change.
Below is some stuff on this change in your authorization
**MAJOR NOTE: You are required by the FAA to be in compliance with your current operating limitations. If they say you must
notify the FAA for any major change, then you must comply with those instructions. The FAA is planning on modifying your current
operating limitations through the use of a mass mailing directive, but until that time your current operating limitations apply
{Ed's note: I do not know if this ever happened as I never got any such notification, but then I went and had mine done with the
local FBO) If you are planning a major change in the near future and want to be covered by this new limitation, just call your
local FSDO and ask them to modify your current limitations to match the new FAA Order 8130.2D paragraph 134b(17) limitation. EAA
Government Programs office can provide the phone number to your local FSDO, contact us at 920-426-6103 or e-mail: govt@eaa.org.
Once you have your paperwork authorizing you to signoff Major Changes, below are the particulars.
**8130.2D para 134b(17) - This is the actual new major change operating limitation: "After incorporating a major
change as described in FAR 21.93, the aircraft owner is required to re-establish compliance with FAR 91.319(b). All
operations will be conducted day VFR in a sparsely populated area. The aircraft must remain in flight test for a
minimum of 5 hours. Person?s non-essential to the flight shall not be carried. The aircraft owner shall make a
detailed log book entry describing the major change prior to the test flight. Following satisfactory completion of the
required number of flight hours in the flight test area, the pilot shall certify in the records that the aircraft has
been shown to comply with FAR 91.319(b). Compliance with FAR 91.319(b) shall be recorded in the aircraft records with
the following or 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 operating 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."
If you make a change (even if authorized to by your airworthiness limitations) and don't log the required statement,
then I am certain an insurance company would jump on that omission (or any other) like a dog on a bone.
Ed Anderson
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