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wnorth(at)sdccd.edu
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 Posted: Mon Sep 01, 2008 9:30 am Post subject: who built it |
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Is it functionally possible to stop the pro-building?
Let's say I, Joe DAR, interview you and decide you couldn't have built the
airplane, and you have not provided reasonable proof that you did so I deny
your new lawn ornament airworthiness.
Your response is obviously to challenge this based upon the validity of my
criteria used to deny certification. In the best case scenario I am able to
defend this and the FAA and courts uphold my decision and you get pissed and
sell it to another person across the country who then manages to get it
certified because they have builder savvy, or a less vigilant DAR.
And of course in all of this there is never an assessment of quality because
there are no valid airworthiness standards for approval of amateur built
parts/planes.
On the other end of this, if I, a pro, build an airplane, certify it and
sell it upon entrance into phase two I have followed the letter of the rules
but the end result is really the same with the exception of the repairman's
certificate. And it is important to note that the repairman's certificate
only really does one thing,,, allows the repairman to sign off condition
inspections. Any other work can be done by anybody, because there are no
standards for parts, workmanship, or any flight characteristics that could
have been altered by the work. Experimental aircraft are exempted from all
of those parts of the regs. So, the end result is the only difference
between the above scenario and the pro built scenario is who does the
condition inspection.
I'm being a little worst-case cynical here, but from the FAA Inspector's
perspective the current rules don't really give them much in the way of
stopping the pro builders. Throughout the building there are no laws being
broken. They can't walk into a hangar where ten planes are being built and
arrest everyone. They don't have the resources to track where each one of
those planes go and stop their certification at the point of DAR inspection.
So, in spite of our feelings about fraudulent award winning, what is the
real goal of all of this??? Don't we really want airplanes that are built
safely, while also allowing for planes to exist that are not stuck in Part
23/33/43 standards. We want to be able to build our own airplanes. We want
the maintenance of all of these to be done with some measure of quality and
safety. And, quite frankly I would like this to be done in a way that
provides for the FAA to be able to legitimately bring about an enforcement
action when these goals are not being accomplished. In the big picture I
really don't care who builds it as long as it flies well and isn't likely to
fall apart in flight.
The fact that I have built more than one airplane is very germane to my
fulfillment, but it isn't to this conversation. Let's say you spend all of
your time inventing the cure for cancer but you want the joy of owning an
RV-XX that is customized to your liking. Is it right for me to begrudge you
that just because I used my time building airplanes while you spent your
time curing cancer?
I use this scenario to illustrate that we feel the way we do because of long
standing principles reflected in regs, but those regs and feelings some what
contradict a more desirous end goal (building safe, fun airplanes and a way
to prevent unsafe airplanes). Right now the regs don't really get us there.
That's my two cents
Guess I'll have to go read the proposed new policies... ;{)
Wheeler
PS, are we still do not archive ing ? I only have the time to lurk on the
list here and there so miss a bunch.
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AV8ORJWC
Joined: 13 Jul 2006
Posts: 1149
Location: Aurora, Oregon "Home of VANS"
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| Posted: Mon Sep 01, 2008 11:09 am Post subject: who built it |
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Great perspective.
In simplistic terms there are two issues before the ARC and the
approaching deadline. The first is the competitive concern that one
manufacturer made an OBAM project which was so advanced in performance,
passenger capacity, materials and construction techniques his
competitors got professionally jealous (Page 5,para 3,4&5). The
manufacturing members of the ARC want his success curtailed.
The second is that there are so many individuals now finding the cure
for cancer and having a pro builder construct a major portion of their
"Amateur Kit" that compliance has become what the ARC referred to as a
compliance joke (Page 3, Para 2). As the FAA said at OSH, "This
discussion is not about Safety".
How tragic. The ARC is attempting to affect a minimal change to a
policy (not a rule). And although this is not a rule change requiring an
NPRM, the FAA graciously allows us to comment in writing before they
establish their new November 2008,policy. All discuss is good
discussion. Comments are solicited. Unfortunately it is not about
majority rule in its implementation. No one wants to curtail the cure
for cancer. The ARC makes it look like the kit manufacturers want to
protect the Amateur builders from the Pros doing work on approved
Amateur Built Kits in growing numbers (Page 7, Para 3).
Anyone else have a good argument for Pros to do the work of Amateurs?
My Oncologist is a amateur kit builder without use of professionals, he
finds the work therapeutic.
Only time will tell us if the ethics and efforts of builders can stop
the pro-building. If it is left up to the FAA, then I think you are
right. We need no policy change, only enforcement. Market forces are
doing the rest.
John Cox
Do not Archive
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