slin
08-09-2015, 07:22 PM
I've owned a certified airplane for about 15 years, and have lately just started thinking about building or buying an experimental (this is a long term process, so thinking several years down the line). Anyway, I have some questions about the general utility of an E-AB aircraft that I was hoping to get some advice on.
I guess the preface is that it sure seems to me that after the Phase I hours are flown off, most people I know with E-AB aircraft pretty much treat them the same as certified aircraft in terms of how they use them. But my specific questions are:
1) Currently I do a couple of charity flights per year where I donate a flight to my kids' schools' charity auction. I conduct these under FAR 91.146, which requires using a plane with a "standard" airworthiness certificate. So I assume I cannot do this with an E-AB, is that correct?
2) We do fly occasionally to the Bahamas and Canada, but from what I can see from Google/EAA/AOPA, it's relatively straightforward to get the paperwork in order to fly an E-AB aircraft to these countries. Is that right? Is the paperwork required on a per-flight/visit basis, or is it just a one-time thing?
3) I'm confused about the restrictions on "densely populated areas". The EAA website has a page here (http://www.eaa.org/en/eaa/aviation-communities-and-interests/homebuilt-aircraft-and-homebuilt-aircraft-kits/frequently-asked-questions/densely-populated-areas)where they mention this restriction and have this to say (in part):
The operating limitations that are issued to a homebuilt aircraft as a part of its airworthiness certificate will usually contain the following or similarly worded limitations:“Except for takeoffs and landings, this aircraft may not be operated over densely populated areas or in congested airways.”
AND
“This aircraft is prohibited from operating in congested airways or over densely populated areas unless directed by Air Traffic Control, or unless sufficient altitude is maintained to effect a safe emergency landing in the event of a power unit failure, without hazard to persons or property on the surface.”
Taken together, these operating limitations allow for flight over densely populated areas in most situations.
But that's a little confusing to me. Using normal English common sense plus the typical interpretation of confusing/overlapping FARs, when I see the first statement, I would interpret that to be pretty straightforward prohibition of flying over densely populated areas except for takeoffs and landings. Even if there is some OTHER restriction (i.e. ALSO can't operate over dense areas if not directed by ATC, or without sufficient altitude), I don't understand how that would lessen the first restriction. In other words, one logical interpretation of those two statements is that you can only fly over dense areas if (taking off or landing) AND ((directed by ATC) OR (sufficient altitude for safe emergency landing)), contrary to the EAA's opinion.
Certainly the E-AB owners I know seem to take the EAA's opinion, and I haven't ever heard of anyone getting busted (right?), but is there any fear in the community that some future FAA Administrator might interpret those rules differently? For example, has there ever been an official counsel's letter agreeing with the EAA opinion? I can only imagine if, God forbid, something like a Lancair Evolution (just picking a heavy, expensive, E-AB plane) crashes into some housing development or school or something, I could see the FAA taking a hard look at E-AB overflight of densely populated areas.
4) For the typical non-CFI aircraft owner (so, not trying to instruct in the aircraft, not trying to lease it back or rent it out), are there any other restrictions that an E-AB aircraft would present as opposed to a certified one? Looks like night/IFR are just fine as long as properly equipped and the operating limitations allow it. Anything else?
Thanks very much - as should be obvious, I don't know much about the E-AB landscape and am really just starting to think about these things...
Steve Lin
I guess the preface is that it sure seems to me that after the Phase I hours are flown off, most people I know with E-AB aircraft pretty much treat them the same as certified aircraft in terms of how they use them. But my specific questions are:
1) Currently I do a couple of charity flights per year where I donate a flight to my kids' schools' charity auction. I conduct these under FAR 91.146, which requires using a plane with a "standard" airworthiness certificate. So I assume I cannot do this with an E-AB, is that correct?
2) We do fly occasionally to the Bahamas and Canada, but from what I can see from Google/EAA/AOPA, it's relatively straightforward to get the paperwork in order to fly an E-AB aircraft to these countries. Is that right? Is the paperwork required on a per-flight/visit basis, or is it just a one-time thing?
3) I'm confused about the restrictions on "densely populated areas". The EAA website has a page here (http://www.eaa.org/en/eaa/aviation-communities-and-interests/homebuilt-aircraft-and-homebuilt-aircraft-kits/frequently-asked-questions/densely-populated-areas)where they mention this restriction and have this to say (in part):
The operating limitations that are issued to a homebuilt aircraft as a part of its airworthiness certificate will usually contain the following or similarly worded limitations:“Except for takeoffs and landings, this aircraft may not be operated over densely populated areas or in congested airways.”
AND
“This aircraft is prohibited from operating in congested airways or over densely populated areas unless directed by Air Traffic Control, or unless sufficient altitude is maintained to effect a safe emergency landing in the event of a power unit failure, without hazard to persons or property on the surface.”
Taken together, these operating limitations allow for flight over densely populated areas in most situations.
But that's a little confusing to me. Using normal English common sense plus the typical interpretation of confusing/overlapping FARs, when I see the first statement, I would interpret that to be pretty straightforward prohibition of flying over densely populated areas except for takeoffs and landings. Even if there is some OTHER restriction (i.e. ALSO can't operate over dense areas if not directed by ATC, or without sufficient altitude), I don't understand how that would lessen the first restriction. In other words, one logical interpretation of those two statements is that you can only fly over dense areas if (taking off or landing) AND ((directed by ATC) OR (sufficient altitude for safe emergency landing)), contrary to the EAA's opinion.
Certainly the E-AB owners I know seem to take the EAA's opinion, and I haven't ever heard of anyone getting busted (right?), but is there any fear in the community that some future FAA Administrator might interpret those rules differently? For example, has there ever been an official counsel's letter agreeing with the EAA opinion? I can only imagine if, God forbid, something like a Lancair Evolution (just picking a heavy, expensive, E-AB plane) crashes into some housing development or school or something, I could see the FAA taking a hard look at E-AB overflight of densely populated areas.
4) For the typical non-CFI aircraft owner (so, not trying to instruct in the aircraft, not trying to lease it back or rent it out), are there any other restrictions that an E-AB aircraft would present as opposed to a certified one? Looks like night/IFR are just fine as long as properly equipped and the operating limitations allow it. Anything else?
Thanks very much - as should be obvious, I don't know much about the E-AB landscape and am really just starting to think about these things...
Steve Lin