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A Tough Decision

 
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Steve Glasgow



Joined: 10 Jan 2006
Posts: 674

PostPosted: Fri Jul 25, 2008 4:48 am    Post subject: A Tough Decision Reply with quote

After three years building and five years flying my RV-8, I have decided to
move into Light Sport aviation.

I will always cherish the memories of RV’s and all they have to offer.

After spending months researching Builder Liability Issues, I have decided
to donate Cappy’s Toy to an Aviation Museum.

The museum has offered to create an Experimental Aircraft Section featuring
Cappy’s Toy. It is heartwarming to know Cappy’s Toy will forevermore be
representing Experimental Aviation, and that I have found a good home for
her.

The museum has agreed to accept Cappy’s Toy without the engine, engine
accessories, NAV/COM GNC 300XL, transponder GTX 327, autopilot Trio Avionics
EZ Pilot and 5 point airline type seat belts.

The expected delivery date is September 15, 2008.

In addition to a tax deduction, the sale of these items will enable me to
re-coup some of the losses incurred from not selling the airplane outright.

If you are interested in a proven complete functioning power plant package
with less than 450 hours for your project, or any of the other items, please
give me a call.

Engine and Engine Accessories

Superior XP 360: 0-360 A1A2, 180 HP
Main Alternator: B&C Specialty Products, L-40 with LR3C voltage regulator
Standby Alternator: B&C Specialty Products, SD-8 with SB1B-14 voltage
regulator, mounted in the Suction Pump engine case pad
Starter: B&C Specialty Products, BC315, Light Weight
Top Ignition: Light Speed Plasma II, with built in Crank Sender
Bottom Ignition: Slick 4000 Magneto with Impulse Coupler, mounted in the
Left Magneto engine case pad
Carburetor: Precision Airmotive MA4-5
Oil Filter Adapter: B&C BC7000
Oil Cooler: Stewart Warner
Exhaust: Viterman

Package Cost New $29,500. Price $19,000

Steve Glasgow-Cappy
N123SG RV-8
Cappy's Toy
3931 Melchor Avenue
Charlotte, NC
willfly(at)carolina.rr.com
704-362-0005 Home
704-281-7884 Cell


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Steve Glasgow-Cappy
Cappy's Toy
RV-8 N123SG
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cjensen(at)dts9000.com
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PostPosted: Fri Jul 25, 2008 7:16 am    Post subject: A Tough Decision Reply with quote

Steve,

Certainly, one has no quibble with the idea of donating your love to the Museum, but I find the reason for doing so rather interesting---that being to escape the perceived Builder Liability Issue. It seems to me the 'parts' you are selling are, in fact, the things that are most likely to fail. I have no database to work from, but it seems likely that more planes have crashed from an engine failure than from a wing or tail falling off an aircraft, particularly one that you've flown and proven to be sound.

I'm not seconding guessing your decision, but the steps taken to mitigate your liability may be outsized to the 1) true and actual liability exposure of selling the plane whole or, 2) the retained liability of selling parts that are still subject to failure and the associated perceived liability.

The EAA has a Contract for selling a plane that addresses these liability issues. I'm curious, can anyone cite a successful liability suit for sale of a personal built aircraft that was sold using a proper contract? We hear a lot of anecdotal cases, but I'm wondering if we are taking cover from the once-in-several-lifetimes event of a a meteor falling on our head?

Chuck Jensen
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longg(at)pjm.com
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PostPosted: Fri Jul 25, 2008 1:10 pm    Post subject: A Tough Decision Reply with quote

According to the letter of the law, experimental or homebuilt aircraft
follow the same rules for liability as do certified aircraft. There are
some interesting "what if" scenarios on this link to make you think. As
to how many of these have gone to trial and how many pilots have been
sent to Siberia with no food to shovel ice, I have no idea.

Read: http://www.aviationlawcorp.com/content/liabhomeblt.html


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Ed Anderson



Joined: 10 Jan 2006
Posts: 475

PostPosted: Fri Jul 25, 2008 2:57 pm    Post subject: A Tough Decision Reply with quote

Hey, Cappy

What a great way to contribute to following generations. Must say I have
mixed emotions about seeing you donate your beautiful aircraft - but likely
to stay beautiful that way.

Does this mean you have more time to build hangars?

Best Regards

Ed Anderson

Rv-6A N494BW Rotary Powered

Matthews, NC

eanderson(at)carolina.rr.com

http://www.andersonee.com

http://members.cox.net/rogersda/rotary/configs.htm#N494BW

http://www.dmack.net/mazda/index.html

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Rv-6A N494BW Rotary Powered
Matthews, NC
eanderson@carolina.rr.com
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