bakerocb
Joined: 15 Jan 2006
Posts: 727
Location: FAIRFAX VA
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 Posted: Wed Jun 09, 2010 12:34 pm Post subject: Prior Rant |
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6/9/2010
Hello Fellow Aeroelectric List Members, In my recent posting on the subject
of Aircraft Radio Station Licenses I referred to my prior rant which was on
the subject of Airplane and Helicopter Flight Manuals in experimental
amateur built aircraft. I had not posted that rant to the aeroelectric list
because I felt that it was off list subject matter.
Now list members have asked me about that prior rant so I feel obligated to
now post portions of that prior rant and subsequent exchanges to this list.
Please see the copied material below.
'OC' Baker Says: "The best investment we can make is the time and effort to
gather and understand knowledge."
==========================================================
6/8/2010
On my soap box now -- I was very disappointed in the page 16 article in the
May 2010 issue of Sport Aviation.
Discussion:
I have made the point in the past of lawyers and bureaucrats writing
(including regulations) as if only type certificated airplanes existed. This
requires the experimental amateur built airplane builder and pilot to read
with a skeptical and searching mind. That is OK when reading some newstand
type "Gee, this is really me, really flying, a real airplane" magazine, but
I expect a higher standard of writing from the EAA.
To whit:
A) One paragraph in the page 16 article reads in part: "The inspector will
want to see aircraft documents, too. These include ....... radio station
license ...........".
A radio station license for an airplane is only required in certain
circumstances-- the article just glosses over this point -- sloppy writing
/ editing by the "Expert Panel".
B) Another paragraph discussing the requirement to have a flight manual
aboard reads in part: "Flying a rental aircraft without a flight manual is a
good example. .................. If you own the aircraft or built it,
obviously there is no one else to blame. ".
This paragraph implies that a flight manual is a mandatory item to be
carried in an experimental amateur built airplane. No regulatory
requirement for this implication is cited. This article in this magazine
owes us this citation, but does not provide it -- why not?
Owen C. Baker
==============================================================
6/8/2010
Dear Editor, The article "Ramp Check!" on page 16 of the May 2010 issue of
Sport Aviation magazine implies that EAB (Experimental Amateur Built)
aircraft are required to have a flight manual on board when flying.
Presumably the article is referring to an "approved Airplane or Rotorcraft
Flight Manual" as referred to in 14 CFR 91.9.
Would you please cite the exact federal regulations that make this Airplane
or Rotorcraft Flight Manual requirement mandatory?
A prior discussion of this issue is copied below.
Thank you,
Owen C. Baker
EAA 0073580
==========================================================
To answer your question -- I think the short answer is that the FAA intends
that you do have an Airplane Flight Manual available while operating your
EAB (Experimental Amateur Built) aircraft (see 14 CFR 91.9), but has no
enforcement mechanism in place. I'll explain:
1) First off let's assume you are asking about an FAA required publication
called an "Airplane Flight Manual". We'll leave the discussion about the
differences between AFM (Airplane Flight Manuals), POH (Pilot Operating
Handbooks), and PIM (Pilot Information Manuals) for another day.
2) Here is an excerpt regarding certification of amateur built experimental
aircraft from FAA Order 8130.2F, including change 3, Section 9. Paragraph e.
(5),
"Advising Applicants. Second, the flight test data is used to develop an
accurate and complete aircraft flight manual and to establish emergency
procedures."
3) Your airplane's Operating Limitations say this:
" In addition, this aircraft must be operated in accordance with applicable
air traffic and general operating rules of part 91 and all additional
limitations herein prescribed under the provisions of § 91.319(i). These
operating limitations are a part of Form 8130-7, and are to be carried in
the aircraft at all times and be available to the pilot in command of the
aircraft."
4) Now let's see what FAR Section 91.9 says:
"Civil aircraft flight manual, marking, and placard requirements.
(a) Except as provided in paragraph (d) of this section, no person may
operate a civil aircraft without complying with the operating limitations
specified in the approved Airplane or Rotorcraft Flight Manual, markings,
and placards, or as otherwise prescribed by the certificating authority of
the country of registry.
(b) No person may operate a U.S.-registered civil aircraft-
(1) For which an Airplane or Rotorcraft Flight Manual is required by §21.5
of this chapter unless there is available in the aircraft a current,
approved Airplane or Rotorcraft Flight Manual or the manual provided for in
§121.141(b); and
(2) For which an Airplane or Rotorcraft Flight Manual is not required by
§21.5 of this chapter, unless there is available in the aircraft a current
approved Airplane or Rotorcraft Flight Manual, approved manual material,
markings, and placards, or any combination thereof."
Note particularly the words "....... or any combination thereof"
5) Now let's see what FAR Sec 21.5 says:
"21.5 Airplane or Rotorcraft Flight Manual.
(a) With each airplane or rotorcraft that was not type certificated with an
Airplane or Rotorcraft Flight Manual and that has had no flight time prior
to March 1, 1979, the holder of a Type Certificate (including a Supplemental
Type Certificate) or the licensee of a Type Certificate shall make available
to the owner at the time of delivery of the aircraft a current approved
Airplane or Rotorcraft Flight Manual.
(b) The Airplane or Rotorcraft Flight Manual required by paragraph (a) of
this section must contain the following information:
(1) The operating limitations and information required to be furnished in an
Airplane or Rotorcraft Flight Manual or in manual material, markings, and
placards, by the applicable regulations under which the airplane or
rotorcraft was type certificated."
Since we builders of amateur built experimental aircraft are not holders of
a Type Certificate we don't have to make available a current approved
Airplane Flight Manual to the owner (ourselves) at the time of delivery of
the aircraft.
6) Note that the data intended to be used to create the Airplane Flight
Manual for the experimental amateur built airplane is not available at the
time of original FAA airworthiness certification inspection, but is only
gained
during the Phase One flight testing. So the FAA's one normal or routine
opportunity to examine your airplane and paperwork, other than for issuing
the Repairman's
Certificate, or when you make a major modification, is passed.
7) If one is ramp checked and does not have a complete Airplane Flight
Manual on board the aircraft and the inspector is insisting that the pilot
must have one the pilot may cite the fact that in compliance with 91.9 (b)
(2) he has "....approved (by the original airworthiness inspector) manual
material, markings, and placards, or ANY combination thereof." on board his
aircraft.
I hope that I haven't lost you or bored you with this tour through the regs.
I welcome any other inputs on this subject. Undoubtedly there are people,
including FAA employees who do think a complete Airplane Flight Manual is
required by regulation for operating EAB aircraft. I urge them to show us
how.
Owen C. Baker
EAA 0073580
=================================================================
Hello Mr. Baker,
Your email has been forwarded to me for response. My response is, you're
absolutely right! I agree 100% with your understanding of the regulations.
There is no regulatory requirement for a flight manual or operator handbook
of any kind in an experimental amateur-built aircraft. Some kit vendors or
users groups have developed flight manuals for some designs, and the FAA
would encourage individual builders/owners/pilots to develop a flight manual
for their aircraft, but there is no requirement and no enforcement mechanism
in place. The article should not have suggested that a flight manual is
required for an experimental amateur-built aircraft.
EAA will be running a clarification of this issue in an upcoming Sport
Aviation.
Let me know if you have any further questions or comments.
Joe
Joe Norris
EAA 113615 Lifetime
Homebuilders Community Manager
EAA-The Spirit of Aviation
Phone: 888.322.4636 Extension 6806
Fax: 920.426.4873
www.eaa.org
See you at EAA AirVenture Oshkosh-July 26 - August 1, 2010
Join us every day at Oshkosh 365! (www.oshkosh365.org)
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