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Thread: Fifty-One Percent Rule ???

  1. #1
    N404CX's Avatar
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    Fifty-One Percent Rule ???

    There is a very interesting ad for a Fisher Celebrity Biplane (in pieces) on Barnstormers. If you bought all that stuff and assembled and completed the aircraft, would you run afoul of the 51% Rule? Thanks.

    -glen

  2. #2

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    Yes this will still fall within this rule. This rule means the airplane was not built by a factory. All fishers are built from Plans or Kit. But you will not be able to do the Condition inspection because you are not the builder, but yes this still falls within the 51% rule. If you are an A&P now you can do this inspection even if you did not build it.
    Hope this helps

    Tony

  3. #3
    Jim Hann's Avatar
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    The harder part might be the registration, recertification. Is it deregistered? I know that the EAA folks can help in that area if you are leaning towards going after it.

    Jim
    Jim Hann
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  4. #4
    rwanttaja's Avatar
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    Quote Originally Posted by N404CX View Post
    There is a very interesting ad for a Fisher Celebrity Biplane (in pieces) on Barnstormers. If you bought all that stuff and assembled and completed the aircraft, would you run afoul of the 51% Rule? Thanks.
    Properly approached, you won't. The 51% rule requires that the majority of the tasks be performed for Education or Recreation. It doesn't matter if it was one builder or 500, as long as it was done by amateurs for E or R.

    The sole problem is proving it. You can prove the work *you* did fit the requirement, but how do you prove the previous work fell under the amateur-building requirement?

    The key thing is to make sure that the builder's log and any photographic documentation is part of the deal. You can hand this to the inspector to show that the previous work was done as an ordinary homebuilder, as well.

    A Fisher Celebrity is not a type of homebuilt often constructed by the "hired guns," so there shouldn't be a lot of suspicion to overcome.

    Ron Wanttaja

  5. #5
    cub builder's Avatar
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    The FAA and DARs generally don't try to act like jail house lawyers. That is reserved for internet forums. Acceptable proof is a notorized FAA Form 8130 Eligibility Statement, in which you certify that the majority of the aircraft was fabricated and assembled by yourself solely for education or recreation, in accordance with 14 CFR part 21....etc. Generally, a DAR will only call that into question if it is clear that you are trying to violate the spirit of the regulations.

    -CubBuilder

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