Homebuilts and the FAA

[WeaverJ3Cub]

Hi guys,

Recently, I've been increasingly interested in buying a homebuilt project and finishing it off. Without getting into the usual pre-buy stuff associated with buying a completed or project plane, I have a lot of questions about what exactly the legal requirements/privileges are for homebuilding and buying an incomplete build.

I haven't typically paid much attention to Experimental certification rules, homebuilt rules and regulation, or anything like that since I never saw myself flying anything other than Standard certificated planes, but now I'm seeing that fun and "affordable" aviation begins with an "E."

So, is there a book, thread, or other place where I can learn exactly how all this works? I figured this would be a good forum to ask.

Some specific questions: Does the previous owner's work count toward the 51% necessary? Can I do my own maintenance? What paperwork is required for the sale? What's this I hear about having to fly off a bunch of test time before the airworthiness certificate is issued? Can I do my own annual?

Thank for your patience....I know this is a pretty basic question.

—Samuel

[CarlOrton]

Hi, Samuel;

I don't know if there's a single book that covers all aspects, but the EAA Experimental Registration Kit has most of the forms and instructions on what you have to do to get it registered, as well as the registration steps themselves. It's around $15 or so.

You didn't state if you have a specific kit in mind or not. EAA could help you out with the bill of sale. As an example, if there was no kit involved, but the prior owner did most of the work already, *he* didn't have a bill of sale (I don't think), but one will be needed for the conveyance from him to you.

If you buy a kit, the kit mfgr provided a bill of sale to the original purchaser that is not submitted until the plane is registered - usually about 90 days or so before AW inspection.

YOU don't have to do any of the work, or 51% of the work. As long as most of the construction was done for education and recreation (as in, you / they didn't PAY someone to build it), it can still be registered as experimental/amateur built.

You don't, and cannot, fly UNTIL it has passed airworthiness inspection. If you have an experimental engine, you'll have a 40 hr flyoff period. If you have a certificated engine (example: you build an RV, and take an O-320 from a Cessna, leave the dataplate on it, and install it), you'll only have a 25 hr flyoff.

You can do your own annual condition inspection only if you have a repairman certificate. I won't get into LSA particulars here, but if an E/AB, the FAA (your local FSDO) can issue a repairman certificate to ONE builder FOR THAT SERIAL NUMBER A/C only. FSDO's vary a bit, but most want to talk to you and see if you know enough by having built enough, to properly inspect your a/c in coming years. Typically, when you have your AW inspection, the DAR will issue a letter of recommendation that you then take to the FSDO. Generally, the letter says something like "I, the DAR, have inspected the aircraft and am certain beyond a doubt that Mr. Samuel has constructed the significant portion of this aircraft and therefore I recommend him/her for a repairman certificate." You don't have to have actually built 51%, just that you can demonstrate you know enough about the a/c to be able to handle any repair. If you buy a 90% kit, you probably won't be able to do that. If so, any A&P can perform the inspection - you don't need an A&P/IA.

When I started typing this response, there were no other responses, so if someone contributed before I hit send, this may be out of sync.

[Vision401]

Carl O's mostly right about the sign off, but the individual DAR and FSDO may differ on 25 or 40 hours "fly off" on an certified engine. The rule was "certified engine and prop" in my first airworthy experimental. As my prop was experimental it was 40 hours. Individual DAR's can be testy. Mine wanted to see the cardboard registration not the pink flimsy which transferred ink to the registration card. I advise getting the two Advisory Circulars that spell out the process of getting an airworthiness certificate and how to test fly those "fly off" hours. One can bore circles in the air or really get to know their plane and what it can do.

Basically, one commits to the education of planning, building, inspecting, documenting, certifying and test-flying the homebuilt.

[CarlOrton]

Carl O's mostly right about the sign off, but the individual DAR and FSDO may differ on 25 or 40 hours "fly off" on an certified engine. The rule was "certified engine and prop" in my first airworthy experimental. As my prop was experimental it was 40 hours. Individual DAR's can be testy. Mine wanted to see the cardboard registration not the pink flimsy which transferred ink to the registration card. I advise getting the two Advisory Circulars that spell out the process of getting an airworthiness certificate and how to test fly those "fly off" hours. One can bore circles in the air or really get to know their plane and what it can do. <snip>

Vision, I had to reply, since you highlighted my "fly off" comments. And I'm smiling as I write this.

I have just finished Paul Dye's article in the latest KitPlanes mag where he noted the same thing. I fully agree with your and his observation that it's not just about boring holes in the sky. It *is* about developing a credible test plan, and, yes, I do have one in a binder and all (oooooo! that makes it credible!!). I'll watch my language from here on out!

[WeaverJ3Cub]

Thanks for the comments. Looks like I'm in luck with the article "So You Want To Build An Airplane" in the current Sport Aviation issue. That explained it very well.

I had no idea that the state would come after me for taxes. Ugh!

[Sam Buchanan]

Thanks for the comments. Looks like I'm in luck with the article "So You Want To Build An Airplane" in the current Sport Aviation issue. That explained it very well.

I had no idea that the state would come after me for taxes. Ugh!

The state taxes our cars, trucks, motorcycles and boats....why should we expect they would look the other way in regard to airplanes?

Be sure you pay use taxes on time otherwise you will be paying interest and penalties in addition to the taxes.....that is what will really get you hacked off!

[rleffler]

Samuel,

I'm sure that there are many threads here to search and I know that there are on Van's Air Force site (even if your aren't building an RV, the requirements are the same).

The requirement is that 51% of the build has to be amateur built. It's not 51% by a single individual. People buy and sell partially built kits all the time.

The standard FAA Bill of Sale is what Van's uses. They just write XYZ Model Kit across the top instead of the aircraft model. You do need to be able to trace the kit's lineage back to the manufacturer and be able to provide construction records from the previous builders to ensure the 51% rule is met.

You can always perform your own maintenance and conditional inspection on an experimental. However, you must have either an Repairman's or A&P certificate to sign off on the conditional.

You can get the Repairman's certificate even if you only built part of the kit. However, you will have to demonstrate your knowledge and understanding of the entire build process to the FSDO inspector. I've heard variations from just getting the application rubber stamped to a long session of questions being asked.

Most experimentals have to fly a 40 hour Phase I with only required crewmembers onboard. For most of us, this mean just the pilot. You can get the time reduced if the engine and prop are both certified. But if you make any changes to that certified configuration, it will be treated as experimental and you'll be back at the 40 test period again.

Kitplanes has run several articles on these subjects. You can view the archives online if you have a subscription. Since it seems like you are just starting your research, Kitplanes is probably a good place to start. Look for articles written by Mel Asberry and Paul Dye.

I see that you are in Dayton. There are plently of homebuilders in the area. I know of several builders in the Dayton vicinity.

I'm in Columbus and the homebuilder community is pretty small. I can put you in touch with some local folks if you send me your email. I have a RV-10 that is just about complete and there is another RV-10 that was a project purchased about 80% from two previous builders at KLDZ. Plus a bunch of other flying experimentals. You are welcomed to stop by anytime. There is even a Cub being built down at Lancaster.

bob

[CarlOrton]

One other thing I was going to add: If you're not part of a Chapter, JOIN NOW!!! Each Chapter has tech counselors and other builders who have already gone thru this process, and will be THRILLED to talk to you and guide you thru the wickets.

[CarlOrton]

And just to further clarify, there is no set percent complete number that's a go/no-go for the FSDO to issue a repairman certificate. I said 90%; the point was that you need to demonstrate to the FSDO that you know enough to safely maintain it. A lot depends on the builder.

Also, you can finish the build with a group of any number of individuals, as long as it's for education/recreation. HOWEVER, only ONE repairman certificate can be issued. Just look at the Zenith project EAA is building right now as an example.

[Racegunz]

Carl has it pretty much right, I just got through with my build was a previous owned project, the only question you asked that I haven't seen answered is about the Airworthiness, it is issued at the time of the inspection (usually by a DAR) and is permanent the other required paperwork is called the operating limitations on those it will give you the steps required to complete the phase 1 testing during which you will be restricted to day VFR and within a desiganted geographiccal area, after you finish the 25 or 40 hrs you log that on the operating limitations papers along with the Vs,Vy,Vx speeds and that there are no adverse handling characteristics, (if there were hopefully you will have corrected them) same entry in the aircraft logs and you will then be free to fly about the country. Hope this helps.