Part 103 to E-AB

[JoeM]

If I was the builder of a Part 103 legal aircraft and flew it under 103 rules could it be certified as E-AB in the future if modifications were made that take it out of 103 rules? Does flying the aircraft first disallow it from being registered as E-AB? I am considering a BeLite Ultra Cub but would like to add a larger fuel tank for extended range.

[Bill Berson]

AC 103-7, section 2 should answer your question. Google should find the AC.
Yes, it can be switched any time if you can meet the conditions.

[JoeM]

Thanks for the info, that answers my questions. I will need to carefully document the build to be sure to meet the 51% rule.

[pacerpilot]

Unfortunaley what you're asking the FAA to do is certify an airplane that was flown without an airworthiness cert. How your question needs to be phrased is "can I use my ultralight parts to build a certified airplane?".

[martymayes]

If I was the builder of a Part 103 legal aircraft and flew it under 103 rules could it be certified as E-AB in the future if modifications were made that take it out of 103 rules? Does flying the aircraft first disallow it from being registered as E-AB? I am considering a BeLite Ultra Cub but would like to add a larger fuel tank for extended range.

If you are going to build a BeLite Ultra Cub, just build it as E-A/B from the start. Doesn't matter if it fits Part 103 regs, you can still certify it as E-A/B. Then minor changes will be hassle free and even a major change won't be that big a deal as long as you follow the rules.

[jedi]

If you are going to build a BeLite Ultra Cub, just build it as E-A/B from the start. Doesn't matter if it fits Part 103 regs, you can still certify it as E-A/B. Then minor changes will be hassle free and even a major change won't be that big a deal as long as you follow the rules.

Except that once you are E-AB with an N number, the state will come after you for taxes and you will need to do all the paperwork for anual condition inspections, etc. and you can not fly it under FAR 103 rules. Part 61 and 91 apply. You will need a pilot certificate, currency and flight reviews, etc. You now become an airplane and a pilot subject to all applicable rules and recommended operating proceedures (See FAR AIM publication). For example see 91.103 for required preflight action. Don't expect to just hop in your little B-Lite and take off on a joy ride. Also, 91.119 applies to the same ultralight airframe once the N number and airworthyness certificate is issued.

Kinda takes the fun out of flying that is implied by FAR 103.1 (b) "Is used or intended to be used for recreation or sport purposes only;" versus explaining to the Administrative Law Judge or other authority how you complied with 91.103 (b) (2).


§91.103 Preflight action.

Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include—
(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;
(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:
(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and
(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Not only that but the feds can revolk your certificate and impose heavy fines for any violations of 61 or 91.

Kinda takes the fun our of flying that is implied by FAR 103.1 (b) Is used or intended to be used for recreation or sport purposes only;


§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and
(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

[Bill Berson]

He should keep a build log and photos and other means as needed to comply with the 51% rule.
Then it can switch back and forth as desired if it meets both rules. The instructions are in AC 103-7.

[Dana]

Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight...

I've certainly enjoyed the freedom of 103 for the past 10 years and will continue to do so, but flying an N-numbered plane again isn't too onerous.

(a) Alternate? Any farm field.
(b) Runway lengths? Any airport is long enough for an "ultralight like" airplane, so that information is no more than glancing at the sectional chart, "yup, they have a runway."

Minimum safe altitudes... yeah, I can't buzz the beach any more... but I can now legally land at airports surrounded by congested areas, which I couldn't in an ultralight. And 91.119(a) is just good common sense, law or not.

There are advantages and disadvantages to both kinds of flying.

Dana

[martymayes]

Except that once you are E-AB with an N number,

Since the OP indicated that's what he wanted to do with an existing ultralight vehicle, I would assume he is aware of the ramifications.

[martymayes]

Then it can switch back and forth as desired if it meets both rules. The instructions are in AC 103-7.

I got a chance to skim over the doc and did not see where it said that. In fact, it specifically says:

15. AIRWORTHINESS CERTIFICATE (103.1(c).

a. If your ultralight has been issued an airworthiness certificate. YOU
cannot operate it as an ultralight vehicle under Part 103, An ultralight cannot
be operated interchangeably as a certificated aircraft and an ultralight
vehicle.


It does say it can be an E-A/B if it meets the major portion rule; if not it can be experimental-exhibition. To return it to a Part 103 ultralight requires surrender of any A/W certificate.