1. Experimental Aircraft FAR’s
An Overview of Various Federal Aviation Regulations Regarding Experimental, Amateur-Built Aircraft
David E. Wilcox
June 26, 2001
MAJOR PORTIONS OF THIS PRESENTATION ARE BASED ON RON ALEXANDER'S ARTICLE IN 5/97 SPORT AVIATION AND A PHONE INTERVIEW WITH RHUNO NELSON OF THE SCOTTSDALE FSDO OFFICE ON 6/25/01

2. INITIAL BUILDING FAR DESCRIPTION
CLASSIFICATION OF AIRWORTHINESS
BASIC DEFINITION OF AMATEUR- BUILT
45 MARKINGS
INSTRUMENT & EQUIPMENT RQMNTS
AC 20-27D CERTIFICATION & OPERATION
AC COMMERCIAL ASSISTANCE

3. 21.175 CLASS OF AIRWORTHINESS
(b) SPECIAL AIRWORTHINESS CERTIFICATES ARE RESTRICTED, LIMITED, AND PROVISIONAL AIRWORTHINESS CERTIFICATES, SPECIAL FLIGHT PERMITS AND EXPERIMENTAL CERTIFICATES.

4. EXPERIMENTAL CERT
EXPERIMENTAL CERTIFICATES ARE ISSUED FOR THE FOLLOWING PURPOSES:
(a) RESEARCH, (b) SHOWING COMPLIANCE, (c) CREW TRAINING, (d) EXHIBITION, (e) RACING, (f) MARKET SURVEYS AND...
(g) OPERATING AMATEUR-BUILT AIRCRAFT. OPERATING AN AIRCRAFT, THE MAJOR PORTION OF WHICH HAS BEEN FABRICATED AND ASSEMBLED BY PERSONS WHO UNDERTOOK THE CONSTRUCTION PROJECT SOLELY FOR THEIR OWN EDUCATION OR RECREATION.
NOT SUBJECT TO FAR PART 23 AIRWORTHINESS STANDARDS FOR NORMAL, UTILITY, AEROBATIC…
THIS IS THE ORIGIN OF THE “51%” RULE
(h) PRIMARY CATEGORY

5. 43 AIRCRAFT MARKINGS
43.23 (b) … ON EXPERIMENTAL AIRCRAFT… THE OPERATOR SHALL ALSO DISPLAY… ...NEAR EACH ENTRANCE TO THE CABIN OR COCKPIT, IN LETTERS NOT LESS THAN 2 INCHES NOR MORE THAN 6 INCHES IN HEIGHT THE WORD “EXPERIMENTAL”…
45.29 (b) HEIGHT (1) FIXED WING (iii) MARKS AT LEAST 3 INCHES HIGH MAY BE DISPLAYED ON AN AIRCRAFT FOR WHICH AN EXPERIMENTAL CERTIFICATE HAS BEEN ISSUED UNDER (G)… (<180 KTS)
91.9 PLACARD AND MANUALS

6. 91.205 INSTRUMENTS AIRSPEED INDICATOR ALTIMETER
MAGNETIC DIRECTION INDICATOR
TACHOMETER
OIL PRESSURE
TEMPERATURE OIL OR WATER
MANIFOLD PRESSURE IF CHARGED
FUEL GAUGE FOR EACH TANK
LANDING GEAR POSITION INDICATOR
POST 1978, SHOULDER HARNESS

7. AC 20-27D CERT & OPS
THIS IS THE BIBLE OF THE AMATEUR BUILT CERTIFICATION PROCESS AND SUBSEQUENT FLIGHT OPERATIONS.
STEP BY STEP PROCEDURE FOR ALL OF THE REGULATIONS, DOCUMENTATION, INSPECTIONS, FAA FORMS
THE AC OFFERS THIS WORD OF CAUTION:
“Purchasers of partially completed kits should obtain all fabrication and assembly records from the previous owner(s). This may enable the builder who completes the aircraft to be eligible for amateur-built certification.“

8. AC COM ASSIST
COMMERCIAL ASSISTANCE HAS DIFFERENT CONSIDERATIONS FOR PLANS BUILT, NON EVALUATED KITS, AND 51% EVALUATED KITS
KIT BUILDER MUST ADHERE TO WORK SPLIT OF KIT EVALUATION TO MAINTAIN ELIGIBILITY
PLANS BUILT AND NON-EVALUATED KIT BUILDERS MUST BE EVALUATED BY FAA, PRIOR APPROVAL IS POSSIBLE
CHECKLIST IS USED BY INSPECTOR TO EVALUATE BUILDER CONTRIBUTION

9. FLIGHT TESTING FAR DESCRIPTION 91.305 FLIGHT TESTING AREA
OPERATING LIMITATIONS
AC A/B AIRCRAFT FLIGHT TESTING H/B

10. FLIGHT TESTING
NO PERSON MAY FLIGHT TEST AN AIRCRAFT EXCEPT OVER OPEN WATER OR SPARSELY POPULATED AREAS, HAVING LIGHT AIR TRAFFIC.
PHASE 1 LIMITATIONS, NORMALLY 40 HOURS INSIDE A 25 MILE RADIUS, HAVE A DURATION OF ONE YEAR.

11. OP LIMITATIONS
NO PERSON MAY OPERATE AN AIRCRAFT THAT HAS AN EXPERIMENTAL CERTIFICATE
FOR A PURPOSE OTHER THAN ISSUED
CARRYING PERSONS OR PROPERTY FOR HIRE
NO OPERATIONS OUTSIDE ASSIGNED AREA UNTIL
THE AIRCRAFT IS SHOWN TO BE CONTROLLABLE
AIRCRAFT HAS NO HAZARDOUS OPERATING FEATURES

12. AC 90-89 AMATEUR-BUILT AIRCRAFT AND ULTRALIGHT FLIGHT TESTING HANDBOOK
PREPARATION
AIRPORT SELECTION
EMERGENCY PLANS AND EQUIPMENT
TAXI TESTS
FIRST FLIGHT
EXPANDING THE ENVELOPE
CLIMB AIRSPEED AND ALTITUDE GRAPH
BEST RATE OF CLIMB GRAPH
STABILITY
ULTRALIGHT INSPECTION AND TEST

13. NORMAL OPERATIONS FAR DESCRIPTION 21.181 DURATION OF AIRWORTHINESS
ELT REQUIREMENTS
TRANSPONDER REQUIREMENTS
OPERATION LIMITATIONS

14. 21.181 DURATION OF AIRWORTHINESS
EXPERIMENTAL CERTIFICATES FOR RESEARCH, SHOWING COMPLIANCE, CREW TRAINING, MARKET SURVEYS ARE EFFECTIVE FOR ONE YEAR
AMATEUR-BUILT CERTIFICATES ARE NORMALLY UNLIMITED
CHANGED FROM ONE YEAR LIMITATION IN 1979

15. 91.207 ELT REQUIREMENTS REQUIREMENT EXCEPTIONS
FERRY OF A NEWLY ACQUIRED AIRCRAFT, NO PAX
FERRY INOP ELT FOR REPAIRS, NO PAX
TRAINING WITHIN 50 MILES
SINGLE SEAT AIRCRAFT
REMOVED FOR MAINTENANCE FOR UP TO 90 DAYS

16. TRANSPONDER RQMT
MODE C ALTITUDE REPORTING TRANSPONDER REQUIRED TO ENTER
CLASS A, B, OR C AIRSPACE
WITHIN 30 MILE VEIL OF AIRPORT WITH CLASS B AIRSPACE UNLESS…
AIRCRAFT WAS NOT ORIGINALLY CERTIFICATED WITH AN ENGINE-DRIVEN ELECTRICAL SYSTEM OR WHICH HAS NOT SUBSEQUENTLY BEEN CERTIFIED WITH SUCH A SYSTEM INSTALLED
BALLOONS
GLIDERS

17. 91.319 OP LIMITATIONS NO OPERATIONS OVER DENSELY POPULATED AREAS
PER 2/15/ D, UNLESS SUFFICIENT ALTITUDE IS MAINTAINED TO EFFECT A SAFE EMERGENCY LANDING IN THE EVENT OF A POWER UNIT FAILURE...
PILOT SHALL
INFORM PAXS AND ATC OF EXPERIMENTAL NATURE
DAY VFR ONLY UNLESS OTHERWISE AUTHORIZED

18. DOCUMENTS REQUIRED ON BOARD THE AIRCRAFT AIRWORTHINESS CERTIFICATE
OPERATING LIMITATIONS
REGISTRATION
WEIGHT AND BALANCE

19. MAINTENANCE FAR DESCRIPTION AC 65-23A CERTIFICATION OF REPAIRMEN
43 APDX D CONDITION CHECK
MAJOR & MINOR ALTERATIONS

20. AC 65-23A REPAIRMEN
THE MANUFACTURE (BUILDER) OF AN AMATEUR-BUILT IS ELIGIBLE TO RECEIVE AN FAA REPAIRMEN CERTIFICATE
THE CERTIFICATE ALLOWS THE HOLDER TO PERFORM THE ANNUAL CONDITION INSPECTIONS REQUIRED IN THE OPERATING LIMITATIONS
THE CERTIFICATE IS LIMITED TO A SINGLE AIRCRAFT SERIAL NUMBER
THE HOLDER MAY CONTINUE TO PERFORM CONDITION INSPECTIONS AFTER SALE OF THE AIRCRAFT

21. 43 APDX D CONDITION CHECK 43 MAINTENANCE, REBUILDING, ALTERATIONS
.1(b) THIS PART DOES NOT APPLY TO ANY AIRCRAFT FOR WHICH AN EXPERIMENTAL AIRWORTHINESS CERTIFICATE HAS BEEN ISSUED…
ANYONE CAN PERFORM MAINTENANCE ON AN EXPERIMENTAL AIRCRAFT
EXPERIMENTAL OPERATING LIMITATIONS NORMALLY REQUIRE ANNUAL CONDITION INSPECTIONS PER PART 43 APPENDIX D
THE HOLDER OF AN APPROPRIATE REPAIRMEN CERTIFICATE OR A&P LICENSE MAY PERFORM CONDITION INSPECTIONS, AN INSPECTION AUTHORIZATION RATING IS NOT REQUIRED

22. 21.93 MAJOR & MINOR
A MINOR ALTERATION IS ONE THAT HAS NO APPRECIABLE EFFECT ON THE WEIGHT, BALANCE, STRUCTURAL STRENGTH, RELIABILITY, OPERATIONAL CHARACTERISTICS, OR OTHER CHARACTERISTICS AFFECTING THE AIRWORTHINESS OF THE PRODUCT.
MAJOR CHANGES AFFECT THESE ITEMS AND INVALIDATES THE PHASE ONE FLIGHT TEST PER FAR AND THE SPECIAL AIRWORTHINESS CERTIFICATE LIMITATIONS UNLESS ISSUED SINCE 2/15/00, MAYBE

23. RE-ESTABLISHMENT OF A/W COMPLIANCE
OPERATION LIMITATIONS ISSUED SINCE 2/15/00 MAY ALLOW MAJOR CHANGES WITHOUT RE-INSPECTION
AFTER INCORPORATING A MAJOR CHANGE THE AIRCRAFT ENTERS A “PHASE 1” TEST PERIOD OF NOT LESS THAN 5 HOURS.
A NEW AIRWORTHINESS CERTIFICATE MUST BE OBTAINED, WHICH INCLUDES THE NEW LIMITATION, TO ENABLE THIS OPTION
THERE IS NO WAY TO AMEND AN EXISTING SET OF OPERATING LIMITATIONS WITH THIS OPTION

24. AIRCRAFT SALE FAR DESCRIPTION 21.179 AIRWORTHINESS
AC 20-27D CERTIFICATION AND OPERATION OF AMATEUR-BUILT AIRCRAFT

25. AIRWORTHINESS
AN AIRWORTHINESS CERTIFICATE IS TRANSFERRED WITH THE AIRCRAFT
NEITHER THE REPAIRMEN CERTIFICATE, NOR ELIGIBILITY FOR A REPAIRMEN CERTIFICATE , IS TRANSFERRED WITH THE SALE OF AN AIRCRAFT

26. FAA ORDER C
GUIDANCE MATERIAL ASSOCIATED WITH AIRWORTHINESS CERTIFICATION AND THE ISSUANCE OF FAA FORM , SPECIAL AIRWORTHINESS CERTIFICATE
CONTAINS RECOMMENDED EXPERIMENTAL OPERATING LIMITATIONS FOR PHASES 1 & 2

27. PART QUALITY
AIRWORTHINESS DIRECTIVES (AD NOTES) DO NOT APPLY TO EXPERIMENTAL AIRCRAFT UNLESS THE PRECISE AIRCRAFT IS NAMED IN THE DIRECTIVE
ONCE AN “APPROVED” PART, INCLUDING AN ENGINE, IS USED ON AN EXPERIMENTAL AIRCRAFT, IT IS NO LONGER CONSIDERED APPROVED FOR AN AIRCRAFT OF STANDARD CERTIFICATION (ALEXANDER)

28. KIT LIST LISTING OF ELIGIBLE AMATEUR-BUILT AIRCRAFT KITS
MEET MAJOR PORTION OR 51% RULE
NO OTHER ENDORSEMENT OF SAFETY, RELIABILITY, NOR SUITABILITY IS MADE BY THE FAA
HAVING COMMERCIAL ASSISTANCE ON “BUILDER” ITEMS IN THESE KITS MAY INVALIDATE THE ELIGIBILITY

29. 103 ULTRALIGHTS AIRCRAFT QUALIFIES SINCE 1982 IF:
SINGLE OCCUPANCY
SPORT OR RECREATIONAL PURPOSE
NO AIRWORTHINESS CERTIFICATE
WEIGHT, MAX EMPTY
UN-POWERED 155 POUNDS
POWERED 254 POUNDS
MAX FUEL CAPACITY OF 5 GALLONS
55 KNOTS MAX WIDE OPEN THROTTLE
24 KNOTS MAX POWER OFF STALL
AIRCRAFT MEETING THESE CONDITIONS DO NOT REQUIRE AIRWORTHINESS CERTIFICATES, REGISTRATION, NOR LICENSED PILOTS