AIRCRAFT CONSTRUCTION

An Article Series
by Ron Alexander

Rules & Regulations of Airplane Building

By Ron Alexander
We hear the word "experimental" used within the sport aviation industry on a regular basis. The most common use of experimental applies to a
classification of an airworthiness certificate used for a custom built airplane. This is different from the airworthiness category assigned to an
airplane that is mass produced by a manufacturer which is then sold to the general public. I will explore the exact meaning of the word
experimental later in this article. Suffice to say that FAR’s (Federal Aviation Regulations) pertaining to the operation of experimental airplanes can
be confusing. I will attempt to clarify the confusion that exists and to simplify the regulations as they apply to building an airplane. Each phase of
building and operating an amateur-built airplane will be discussed along with the applicable regulations.

In general, we are very privileged to have only a minimum number of regulations that actually pertain to building and flying our amateur-built
airplane. When a manufacturer plans to mass produce an airplane, they are required by FAR’s to comply with design standards that are detailed
in FAR Part 23. This regulation is very restrictive as to design, weight, speed, etc.. Amateur builders are not restricted by Part 23 or any other
certification regulations. Basically, our only restriction is that we must construct and assemble the majority of the airplane. (Most airplane kit
manufacturers actually voluntarily comply with the guidelines of Part 23.) Part 23 is titled "Airworthiness Standards: Normal, utility, acrobatic, and
commuter category airplanes." As the builder of our own airplane, which will not be mass produced, we are limited only by our imagination and
ingenuity. Of course, when we build our own airplane we are going to impose strict limitations and restrictions concerning quality of construction,
materials used, etc.. We certainly want a safe, reliable airplane to fly and in which to carry our passengers.

Lets define the "experimental" category and see how it applies to our amateur- built airplane. To legally fly within the United States, we must have
4 documents on board; an airworthiness certificate, a registration certificate, a copy of the operating limitations, and the weight and balance for
our airplane. Airworthiness certificates are classified under 2 categories according to FAR 21.175 - standard and special. Standard airworthiness
certificates are issued for most production airplanes and they are usually classed under the normal category. We are interested in special
airworthiness certificates that are further broken down into several additional categories of which one is "experimental." Experimental
airworthiness certificates are issued for different purposes. These purposes are: (1) research and development, (2) to conduct flight tests to show
compliance with airworthiness regulations, (3) for crew training, (4) for exhibition, (5) for air racing, (6) to conduct market surveys and sales
demonstrations, (7) to operate an amateur-built airplane, and (8) to operate a kit-built aircraft that was assembled by a person from a kit
manufactured by the holder of a production certificate for that kit.

We will primarily concern ourselves with purpose number 7, to operate an amateur-built airplane. Fully 95% of all airplanes that we build from a
set of plans or from a kit will be certificated under the amateur-built classification. Purpose number 8, the kit-built classification, only applies to kit
manufacturers who have certified their airplane under a type certificate termed a "primary category" aircraft. To date, only one kitplane
manufacturer falls in this category to my knowledge. All other kitplane manufacturers sell their kits to be classed under the experimental certificate
for the purpose of operating an amateur-built aircraft. FAR 21.191(g) is the heart of all regulations for the builder of an airplane. This regulation
states the following: "Operating amateur-built aircraft. Operating an aircraft the major portion of which has been fabricated and
assembled by persons who undertook the project solely for their own education or recreation." This regulation is the essence of custom
aircraft building. The intent of the classification is very clear. Notice that one or more persons may build the airplane but they must build it only for
their own enjoyment or education.

Ultralight airplanes fall under a different set of rules. If your completed airplane meets the requirements of FAR 103.1, it is classed as an ultralight
vehicle and as such does not require an airworthiness certificate. Briefly, these requirements are: single pilot, used for recreation only, weighing
less than 254 pounds empty weight, fuel capacity not to exceed 5 U.S. gallons, not capable of more than 55 knots in level flight, and a power-off
stall speed not exceeding 24 knots. As you can readily observe, the majority of custom built airplanes exceed one or more of these criteria. Often,
the owner of an ultralight airplane will choose to certificate their aircraft under the experimental category. This is usually done to comply with the
regulations regarding weight, passengers, etc.. Note that the operator of an ultralight does not have to be a certificated pilot contrasted to the
operator of an amateur-built airplane who, of course, must be a licensed pilot and the holder of a current medical certificate.

To continue our discussion of FAR 21.191(g), it is clear that to certificate an airplane under the experimental category for amateur-built operation,
we must assemble and construct at least 51% of the airplane. The FAA emphasizes this restriction in at least two publications. The first is FAA
Order 8130.2C, which is the airworthiness certification manual used by FAA Inspectors as a guide to inspect an airplane and to issue an
airworthiness certificate. On page 116 of that guide, the following guidelines appear under the eligibility section. (1) "Amateur-built aircraft may be
eligible for an experimental airworthiness certificate when the applicant presents satisfactory evidence that the aircraft was fabricated and
assembled by an individual or group of individuals." This section goes on to state that the project must be undertaken for educational or
recreational purposes and the FAA must find that the airplane complies with acceptable standards. Aircraft that are manufactured and assembled
as a business for sale are not considered to be amateur-built. This statement appears within the Order: "NOTE: Amateur-built kit owner(s) will
jeopardize eligibility for certification under FAR 21.191(g) if someone else builds the airplane." The applicant for amateur-built certification must
sign a notarized form (FAA Form 8130-12), certifying the major portion was fabricated and assembled for educational or recreational purposes,
and that evidence is available to support the statement. The second place the 51% rule is emphasized is in Advisory Circular 20-27D on page 5
under 7(b). This section simply emphasizes the major portion rule.

When you purchase an airplane kit from a manufacturer, the kit should be listed on the FAA listing of kits that have been evaluated to ensure that
51% of the building will be completed by the purchaser (this is commonly known as the "major portion" rule). I want to emphasize that the FAA in
no way endorses any of these kits nor do they approve kit manufacturers. They simply evaluate the kits solely for the purpose of determining if an
aircraft built from the kit will meet the major portion criteria. A listing of these kits is available from your local FAA office. I do not recommend
purchasing a kit that is not on this listing unless you are prepared to prove to the FAA Inspector that the kit meets the proper criteria.

The FAA does not expect the builder to personally fabricate every part of the airplane. A number of items can be purchased and several tasks
can be contracted commercially. FAA Advisory Circular 20-139 titled "Commercial Assistance During Construction of Amateur-Built Aircraft",
provides a very detailed guide concerning what can be purchased complete and what can be contracted commercially. Engines, propellers, wheel
and brake assemblies, and standard aircraft hardware are examples of items that may be purchased. Installation of avionics, painting an airplane,
and upholstery items are examples of tasks that may be contracted. The bottom line of the entire discussion is that you must prove to the FAA
Inspector who issues your airworthiness certificate that you have complied with FAR 21.191(g). Next month we will discuss the necessary
documentation to present to the inspector to assure your compliance.

If you decide to allow someone else to build your airplane to be certificated as amateur-built, you will be required to license it under the
experimental category for the purpose of exhibition. This category is much more restrictive than amateur-built. The purpose of this category is to
allow the holder to exhibit their airplane at air shows, motion pictures, television filming, etc., and of course to fly to and from these productions. I
will not spend time discussing this category since it is rarely used.

Now that I have discussed the general regulations concerning building your airplane, I will detail specific regulations as they apply to each phase
of building, flying, and maintaining an amateur-built airplane. I would recommend that you obtain a copy of the regulations for your own reference.
Several books are available that contain the FAR’s along with computer discs containing all of the FAA regulations. The FAA also maintains a
web site with all regulations. This site can be found at www.faa.gov.
Initial Building Phase

The first phase of construction is, of course, the building phase. I would highly recommend that before you begin your project you ask your local
FAA office for their information packet that is available relating to amateur-built airplanes. Part of this packet is Advisory Circular 20-27D, that you
will refer to regularly. Regarding regulations governing the first phase, we have discussed in detail FAR21.191(g). Another regulation, FAR
21.173, presents the eligibility for an airworthiness certificate. FAR 21.191 defines all purposes that are allowed for licensing under the
experimental category including, of course, amateur-built. FAR 21.175 defines the classifications of airworthiness certificates. FAR 21.193
contains the information that must be submitted for an experimental certificate. Advisory Circular 20-27D presents this information much more
completely. FAA Part 45 details the markings that are necessary for your aircraft with respect to what is required, size, location, etc.. FAR 45.23 is
where we are told that we will display the word "experimental" in letters not less than 2 inches high nor more than 6 inches high near the entrance
to the cabin or cockpit. FAR 45.29 provides us with the size of registration marks and specifically allows us, as owners of experimental aircraft, to
use 3 inch high numbers and letters providing our maximum cruising speed is less than 180 knots. If our cruising speed is higher than 180 knots,
then we are required to use 12 inch letters and numbers. An additional regulation applies if our airplane had an experimental certificate issued
more than 30 years ago. This regulation allows us to use numbers and letters only 2 inches high. FAR45.22 specifies the rules as they apply to
the older airplanes. Details of spacing, width, and other factors are discussed in this section.

Continuing the building stage, FAR 47.15 informs us about registration numbers. You may select an "N" number of your choice providing the
number is currently not in use on another airplane. FAR 47.33 lists the information that must be submitted with your application for the "N"
number. If you intend to fly your airplane at night or under Instrument Flight Rules, you are required to have specific equipment. The necessary
equipment, including instruments, radios, etc., is outlined in FAR 91.205. This regulation also tells you what is needed for VFR flight during the
day. FAR 91.207 outlines the requirements for emergency locator transmitters (ELT). The requirements for an ELT are basically the same for all
airplanes, including amateur-built. It should be noted that if you remain within 50 nautical miles of your home airport and you are engaged in flight
training, you are not required to have an ELT. Also, if you have a single place airplane you are not required to install an ELT.

Obviously, there are a number of other issues involved in the building phase.

In next month’s article, I will present a detailed checklist of the items you will need to certificate your aircraft under amateur-built. At that time I will
also talk about the FAA inspection process and the required documentation and papers. After the FAA inspects your airplane, the inspector will
issue a set of Operating Limitations. Those limitations then become regulations for operation of your aircraft and they are actually part of the
special airworthiness certificate. The airworthiness certificate will be issued at the time of the inspection and will contain two phases. Phase 1 is
the initial flight testing phase of the aircraft, and Phase 2 lists the operating limitations that go into effect upon completion of the flight testing.
Phase 2 applies for the duration of the certificate.

Flight Testing

FAR 91.305 defines a flight test area. Basically, it states that you must conduct your flight testing over sparsely populated areas having light air
traffic. FAR 91.319 provides a listing of operating limitations. As I mentioned, when your aircraft is inspected you will be given a copy of operating
limitations. Usually, the inspector will issue Phase 1 and Phase 2 at the time of inspection providing you with 2 sets of operating limitations; flight
testing and subsequent operation. The flight test area is defined within the Phase 1 limitations along with the required number of hours you must
fly the aircraft. The primary restrictions regarding flight testing are: (1) no passengers, (2) day, VFR only, (3) no operation over congested areas,
(4) you must advise ATC that you are experimental, and (5) the pilot must have the appropriate ratings. Of course, the general operating rules
under FAR Part 91 are applicable. Phase 1 operating limitations have an expiration time of 12 months from date of issue. All flight testing must be
completed within that time period or the aircraft must be reinspected. One of the restrictions, in FAR 91.319, that is interesting is that in order to
have the Phase 1 restrictions lifted you must prove that the aircraft has no hazardous operating characteristics and that it is controllable
throughout its normal range of speeds and maneuvers. The FAA has an Advisory Circular that is very helpful in providing guidelines for flight
testing. This circular, Advisory Circular 90-89, is necessary to read prior to your first flight. Also, the EAA Flight Advisor program is highly
recommended. The flight testing phase should be an enjoyable conclusion to your building experience and it will be if planned and executed
properly.

Normal Operation of Your Amateur-Built

Once again, all of the general operating rules under FAR Part 91 apply to daily operations of your aircraft. In addition, the operating limitations
presented under FAR 91.319 and as issued by the FAA Inspector at the time of inspection govern. After completion of Phase 1, you are then
allowed to carry passengers and fly at night or IFR if so equipped. Phase 2 limitations do add some restrictions that merit discussion. First of all,
you may not carry passengers or property for hire. Secondly, any major changes that are made to the airplane as defined by FAR 21.93 require
inspection by the FAA prior to further flight. A minor change is defined as one that has no appreciable effect on the weight, balance, structure, or
anything affecting the airworthiness. Examples of a major change would be a different horsepower engine, a different pitch propeller, a change in
basic design, etc.. If a major change is made notify the FAA in writing providing the details of the change to ascertain whether or not an inspection
will be required. Thirdly, you may not operate your airplane unless it has received a condition inspection (annual inspection). This will be
discussed in the next section.

Maintaining Your Airplane

As I mentioned in the previous section, a condition inspection is required every 12 calendar months on amateur-built aircraft. This check is similar
to an annual inspection required by FAR Part 43 on production airplanes. The Phase 2 Operating Limitations specifically refer to FAR Part 43,
Appendix D, as the guide to performing this inspection. The inspection can be performed by any licensed A & P mechanic, an FAA Approved
Repair Station, or by the builder of the airplane provided the builder obtains a "Repairman’s Certificate" from the FAA. FAA Advisory Circular 65-
23A is available for information concerning application and privileges of this certificate. In short, the primary builder of the airplane is eligible to
apply for this certificate which then permits inspection of the airplane and a logbook endorsement of the condition check. It is noteworthy that the
primary builder must be one person. If a group of people builds an airplane, only one can be designated as the primary builder. In addition, the
issuance of the repairman’s certificate only applies to the one airplane that has been built by the primary builder and no other airplane regardless
of same type, etc..

Normal maintenance on an experimental airplane can be performed virtually by anyone regardless of credentials. Once again, this does not apply
to the condition check previously discussed. You can perform maintenance items on the engine whether or not it is "certified". Once a certified
engine is placed on an amateur-built aircraft and is operated, it no longer conforms to its type design. This means that the engine can no longer
be placed on any aircraft other than an amateur-built until it has been inspected and found to meet its type design. It also must be found to be in a
condition for safe operation "airworthy". Once again, common sense should rule. We do not want to overhaul an engine on our airplane unless we
are equipped to do so with tools and proper knowledge.

I will point out that FAR Part 43 specifically states that the rules of that part do not apply to amateur-built airplanes. With that in mind, anyone can
maintain the airplane. However, remember in our earlier discussion that Part 43, Appendix D was referenced in Phase 2 operating limitations
presented to the builder at the time of inspection. It is referenced as a guide to be used in conducting condition inspections. That means Part 43,
Appendix D does apply to the condition inspection because of this reference. The FAA has further clarified AD (Airworthiness Directives) as they
apply to amateur-built airplanes. Airworthiness Directives cannot apply to any part on an amateur-built airplane unless that specific airplane is
cited along with who should do the work and to what standards. The reason for this is because once an approved part is placed on an
experimental airplane it is no longer considered an approved part. Again, let me emphasis that just because a regulation does not require an
action it still may be prudent and within our best interest to conform to an AD note. We are striving to improve the safety record of this industry and
in all cases we must act on the side of common sense and good practice.
Regulations Involving The Sale of Your Amateur-Built

There are few regulations governing a sale of your airplane. The airworthiness certificate is transferable with the airplane even though it is
experimental. (FAR 21.179) The proper bill of sale and registration documents must be completed when you sell the airplane. Of particular
interest is the fact that the new owner may maintain the newly purchased airplane, but may not perform the condition check. The repairman’s
certificate is not transferred with the airplane. It remains with the original primary builder. That person legally may still perform the condition check
if you can persuade them to do so. If you are purchasing a partially completed kit you need to obtain the proper documentation to ensure you will
meet the major portion rule. FAA Advisory Circular 20-27D has the following warning: "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." Once again, a call to your FAA Inspector will prevent future problems. The time spent by the original builder is usually
applied toward the total time required to build the airplane. Documentation is necessary.

Summary

The following table will provide a concise summary of Federal Aviation Regulations as they apply to amateur-built airplanes. Next month I will
detail forms, documentation, etc., necessary to certificate your amateur-built aircraft along with an easy to use checklist.

PHASE OF CONSTRUCTION FAR DESCRIPTION

INITIAL BUILDING 21.191 Basic definition of amateur-built.
21.175 Classification of airworthiness
21.193 Needed information for experimental licensing.
45.22 "N" number rules
45.23 Experimental display
45.25 Location of "N" number
45.29 Size of "N" number
47.15 General information - "N" number
47.33 General information - "N" number
91.205 Instrument & equipment requirements
Advisory Circular 20-27D Certification & Operation of Amateur-Built Aircraft
Advisory Circular 20-139
FLIGHT TESTING 91.305 Flight testing area
91.319 Operating limitations
Advisory Circular 90-89 Amateur-Built Aircraft Flight Testing Handbook
NORMAL OPERATION 21.181 Duration of airworthiness
91.25 Accident Reporting
91.207 ELT requirements
91.319 Operating limitations
MAINTENANCE 21.93 Major & minor alterations
PART 43, Appendix D Condition check
Advisory Circular 65-23A
SALE 21.179 Transfer of airworthiness

This article and others to follow are written by EAA/SportAir Workshop personnel. A series of "hands-on" workshops on building airplanes is
presented throughout the country for your education. A schedule of locations and dates of upcoming workshops follows. For information on
available workshops, prices, curriculum, etc., call 800-967-5746 or web site www.sportair.com.

Available Online Resources:

Federal Aviation Administration

FAA Regulation resources from landings.com

By Ron Alexander, � 1997. The author can be emailed directly at [email protected]

This article was first published in EAA Sport Aviation magazine (June 1997).
The article represents the viewpoints of the author, and not necessarily those of Zenith Aircraft Company.

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