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Larry Portouw
Joined: 10 Jan 2006
Posts: 17
Location: Sierra Vista/Ft. Huachuca, AZ
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 Posted: Sat Feb 14, 2009 5:58 am Post subject: Airworthiness Directives |
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“For those of us who are outside the USA, in the rest of the world and not in the
EAA, is there anything relevant in it for us Others?
Chris
Sydney Australia”
Chris, yes there is. Good, rational (but long) guidance on applying AD’s to amateur built AC. The link requires a login to the EAA page and unfortunately it’s copywrited. The gist of the article is that compliance with AD’s isn’t mandatory in the US with regards to amateur built aircraft, but that you should comply to the best of your ability. There is still the requirement on the FARs for the builder to maintain the AC in an airworthy condition and AD’s provide good guidance in doing that.
-Larry Portouw
Arizona
[quote][b]
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_________________
Larry Portouw
601XL Kit (H. Stab) (on hold)
PA-22 N8141C<< This project now taking all my time.
Fort Huachuca, AZ |
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aerobubba(at)earthlink.ne
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| Posted: Wed Feb 18, 2009 7:01 am Post subject: Airworthiness Directives |
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Hi All-
This article from EAA tries to clarify some of the diction that gets
crossed up and mis-applied as legalese gets translated to hangar speak.
Some of the highlights are that FAA will never issue an AD against an
Experimental aircraft. It can, and does, issue AD's against appliances etc
used in experimentals. Compliance with AD's issued against your particular
installed goodies is not required, but addressing the AD is.
This brings up 2 points: First, the difference between "compliance" and
"addressing". For example, I have an RSA injector that falls under the
recent flurry of AD's. The AD calls for work to be performed by an A&P.
If I do the work and certify the system safe, I have addressed the AD
without having complied with it, as I am not an A&P. This course of action
is entirely acceptable to the administrator, even if all his minions are
not quite in step with his intentions.
The second issue is that if one were to choose to not actually address
relevant AD's, the AD police are not going to swoop down on you, and most
likely no one official will ever know. However, should you find yourself
in a court of law, perhaps after an accident or incident, your position
would be indefensible and you will be 'careless and reckless' just for
starters. This is because the Federal court considers the FAA to be the
reigning authority on all things aeronautical, and as such the FAA's
opinion is precisely the one that we should all adopt. That is not to say
that individual employees of the FAA can't be found in error, but the FAA
generally won't be. As an aside, this legal concept (whose name I can't
recall at teh moment) is why the AIM essentially becomes regulatory once
you find yourself in court. After all, the AIM is how the FAA feels things
should be done. If you get into trouble while operating outside of teh
AIM's guidance, well, you were de facto 'careless and reckless'. It's
perhaps not so much an FAA thing as a legal / court system thing.
I understand this is a hot topic that some people can get really cranked up
about. There is a certain amont of PC speak in the article that might come
across as a bit ambiguous when viewed from some perspectives, but I can
assure you that if anyone is still a disbeliever they can call up EAA HQ
and go right to the horses mouth to get the history and evolution of this
situation. As with many of the things we deal with in aviation, the core
concept is really pretty simple and entirely safety related.
| Quote: | Time: 05:58:10 AM PST US
From: "Larry Portouw" <Larry(at)portouw.com>
Subject: Re: Airworthiness Directives
"For those of us who are outside the USA, in the rest of the world and not
in the
EAA, is there anything relevant in it for us Others?
Chris
Sydney Australia"
|
glen matejcek
aerobubba(at)earthlink.net
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