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ADs

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wnorth(at)sdccd.edu
Guest

Posted: Sat Mar 29, 2008 10:48 am Post subject: ADs

This seems to come around again and again...



Airworthiness Directives apply to what the AD says it applies to,,, period!!!



There is no policy, regulation or law that limits this, anywhere, anywhat,

anywho, or anyhow.



They can, and I have seen them apply to one or any range of any type

certificated device or appliance by make, model, month, year, day, serial

number, category, airworthiness category, etc. They can also apply to work

done by any facility or person whether certified or not. They can also apply

to any (RFO) registered flying object or part thereof by N-number or part

number, which includes every airborne object except for ice cubes, rocks,

ultralights and birds not registered as B1RD or GU11.



They can even apply to prior approvals by the FAA themselves.



The reason you will see very few AD's in the EXP world is because most

require some form of approved procedure or parts, neither of which are

possible in the EXP arena because nothing defines this. But make no mistake,

an AD that says "This applies to all aircraft that has P/N XZY111 crankshaft

installed must comply yadi yadi." it applies to your airplane if that part is

installed. Your airworthiness category does not refute this even if it might

be next to impossible to prove the part is installed. If you have knowledge

it is installed or is likely to be installed you will be committing fraud by

claiming it does not apply. In many instances a violation would be difficult

to impose, but a civil action would be very easy to argue.



W

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Mark Sletten

Joined: 10 Jan 2006
Posts: 43
Location: St. Jacob, IL (Near St. Louis, MO)

Posted: Sun Mar 30, 2008 5:59 am Post subject: ADs

Wheeler North said:



 	  Quote: 	
		   In many instances a violation would be difficult

 to impose, but a civil action would be very easy to argue.


	


Not to mention a denied insurance claim...

Regards,

Mark Sletten

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_________________
Mark Sletten
Legacy FG N828LM
http://www.legacyfgbuilder.com

wnorth(at)sdccd.edu
Guest

Posted: Sun Mar 30, 2008 7:59 am Post subject: ADs

Some of the confusion comes from the fact that it is much more difficult to

prove an AD applies or has been complied with in the EXP world, as I

previously stated, because there are no standards for parts or processes

therein, or for the final result. Part 39 does not exempt anything but the

parts for standards and processes do exempt EXPs.



So, theoretically you could build an EXP out of no known, registered, or

traceable parts, then build 20 more each somewhat differently. The FAA could

issue an AD against all of them because of one dangerous part found in one,

but it could be hard pressed enforce compliance depending on that part.



In the standard category certified world every part and process has to be

certified and traceable. This makes ADs a whole lot easier to determine

applicability and compliance.



So if you list your Really Volatile dash Six point Five as having a Nuclear

Oh One Eighty engine and it has a crankshaft in it with a Lycoming part

number etched in that matches an AD applicability call out, you must comply.

If the part is the same but is not identifiable as such then you should still

comply and could be sued for not after the accident, but enforcement actions

would be difficult.



In the "certified" world that same airplane is not airworthy unless that part

is in it whether it is labeled or not.



So the next question comes what if the AD calls out all Lycoming engines that

have crankshafts identical to mine even though mine is not specifically

listed. This is where it gets a little scary in the EXP world because I could

build up an engine that uses that AD applicable engine part without the

engine data actually showing up as being in need of the AD. This is why the

FAA is rightly very nervous about engines moving in and out of certification

(Primarily EXPs an airboats). Again, should comply but tough to prove, could

get sued.



Therefore, if your engine is a pre 1996ish Lycoming you likely have an oil

pump one time AD that it must comply with for that engine to be both legal

and safe to fly with. And it does not matter what you have named your engine

since it will be fairly easy to determine, post crash, which parts you had

installed therein.

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