Par 13 Page 13
b. The desired flight test area should be defined by the applicant and if found acceptable by the FAA, approved and specified in the operating limitations. The test area will usually encompass an area within a 25-statute mile radius from the aircraft's base of operation. Section 91.305 requires test flights to be conducted over open water or sparsely populated areas having light air traffic, so that the flight testing would not pose a hazard to persons or property on the ground. When requested, the FAA may assist applicants in selecting a suitable area to ensure adequate airspace for testing.
c. The carrying of passengers will not be permitted while the aircraft is restricted to the flight test area. It is suggested that a tape/video recorder, for example, be used by the pilot for recording readings, etc. If an additional crew member is required for a particular test function, that requirement should be specified in the application program letter for the airworthiness certificate and listed in the operating limitations by the FAA.
d. Flight instruction will not be allowed in the aircraft while conducting flight tests.
e. In those instances when an unlimited duration special airworthiness certificate was issued, the operating limitations may be prescribed in accordance with the guidelines in Order 8130.2. The purpose of the operating limitations is for the amateur builder to show and maintain compliance with section 91.319. The operating limitations would include a requirement for the owner/operator to endorse the aircraft maintenance record (logbook) with a statement certifying that the aircraft has been shown to comply with section 91.319. The limitations may vary for some aircraft and unusual conditions may require the FAA to impose additional limitations deemed necessary in the interest of safety. The FAA and the applicant should jointly review each limitation to ensure a thorough and common understanding.
14. SAFETY PRECAUTION RECOMMENDATIONS.
a. All Aircraft.
(1) The pilot should become thoroughly familiar with the aircraft, its engine/propeller operation, and ground handling characteristics including operation of the brakes, by conducting taxi tests before attempting flight operations. LIFTOFF IS NOT PERMITTED DURING TAXI TESTS WITHOUT AN AIRWORTHINESS CERTIFICATE.
(2) Before the first flight of an amateur-built aircraft, the pilot should take precautions to ensure that emergency equipment and personnel are readily available in the event of an accident.
(3) Acrobatic maneuvers should not be attempted until sufficient flight experience has been gained to establish that the aircraft is satisfactorily controllable throughout its normal range of speeds and maneuvers. The pilot should document all maneuvers satisfactorily conducted in the aircraft logbook, test flight program log, or equivalent.
(4) The operating limitations issued by the FAA will require the aircraft to be operated in accordance with applicable air traffic control and general operating rules of part 91 as they apply to
Page 14 Par 14 amateur-built aircraft. Those operators who plan to operate under Instrument Flight Rules should take note of the applicable requirements of part 91.
(5) Operations to be conducted (VFR, day/night, or IFR) will be authorized by the issuance of operating limitations which are made part of the airworthiness certificate. These operating limitations may state that the instruments and equipment mandated by section 91.205(b), (c), and/or (d) must be installed and operable. In addition, operating limitations may state flight test areas as defined by section 91.305.
(6) Unless authorization to deviate is obtained from Air Traffic Control, any aircraft that will be equipped with a Mode C transponder must have a calibrated airspeed/static pressure system to prevent an error in altitude reporting. The Mode C transponder should be tested and inspected per section 91.413.
(7) Section 91.207 requires an emergency locator transmitter to be on board upon release from the flight test area. An aircraft equipped to carry not more than one person is exempt from this requirement per section 91.207(f)(9).
b. Rotorcraft. The appropriately rated rotorcraft pilot should be aware of the following operating characteristics:
(1) Operators of rotorcraft having fully articulated rotor systems should be particularly cautious of ground resonance. This condition of rotor imbalance, if maintained or allowed to progress, can be extremely dangerous and usually results in structural failure.
(2) Tests showing that stability, vibration, and balance are satisfactory should normally be completed with the rotorcraft tied down, before beginning hover or horizontal flight operations.
15. CONTINUED OPERATION.
a. After successful completion of all required test flights, hours, and maneuvers, the aircraft is considered safe for continued flight. Continued operations will be in accordance with the operating limitations issued with the aircraft airworthiness certificate.
b. The owner of an amateur-built aircraft should be aware of the responsibilities for maintenance and recordkeeping.
16. AMATEUR-BUILT AIRCRAFT CONSTRUCTED OUTSIDE THE UNITED STATES AND PURCHASED BY U.S. CITIZENS.
a. When a U.S. citizen purchases an aircraft constructed outside the United States, acceptable procedures for obtaining airworthiness certification for amateur-built operations are as follows:
Par 16 Page 15 NOTE: A U.S. citizen building an experimental amateur-built aircraft outside the United States should comply with the Civil Aviation Authority (CAA) rules in the country or jurisdiction where he/she wishes to operate the aircraft. Bringing this experimental amateur-built aircraft into the United States at a later date requires the U.S. citizen to follow the procedures contained in this paragraph to obtain a U.S.
airworthiness certificate.
(1) The new U. S. owner should contact the local FAA office to determine the exact steps that should be taken to meet U.S. certification requirements. The FAA will provide this information to the new U.S. owner.
(2) The previous owner should have conducted or had a condition inspection performed on the aircraft within a reasonable period of time (suggested 30 days) prior to the new U.S. owner applying for certification. Part 43, appendix D, should be used as a guide, and the inspection should be recorded in the aircraft records.
(3) The previous owner should obtain documentation from the CAA verifying the aircraft is/was originally certificated in that country or jurisdiction as an amateur-built experimental aircraft and meets the requirements of section 21.191(g).
NOTE: Numerous CAAs recognize FAA regulatory requirements and certification procedures and in some cases have incorporated them into their certification process. However, persons considering purchasing an aircraft built in another country or jurisdiction should be aware that some countries' or jurisdictions' requirements for certification may not meet FAA requirements, and the owner could acquire an aircraft that may not be allowed to operate under section 21.191(g).
b. The new owner of such an aircraft should present the FAA with a properly completed Form 8130-6, along with the following documentation:
(1) All letters and records of inspections indicated in paragraph 16a(2) and (3) of this AC.
(2) Proper documentation of registration in accordance with part 47.
(3) A letter of request to accompany Form 8130-6.
c. The FAA will:
(1) Conduct a thorough review of all documentation specified in paragraphs 16(a) and (b) of this AC.
(2) Determine the amateur-built eligibility of the aircraft presented.
Page 16 Par 16
(3) Inspect the aircraft in the same manner as any other amateur-built aircraft, since these airworthiness certifications are considered original.
(4) If the aircraft is found to be eligible and the inspection is satisfactory, issue Form 8130-7 with appropriate operating limitations. If the required flight time has not been met or there is some question regarding the aircraft's flight capability, the inspector may require flight testing.
(5) Advise the owner that the condition inspection on the aircraft can only be performed by the original builder who holds the repairman's certificate for that aircraft, or an FAA-certificated mechanic as authorized by section 43.3, per the operating limitations.
17. REPAIRMAN CERTIFICATION.
a. The aircraft builder may be certificated as a repairman if that person is the primary builder of the aircraft and can satisfactorily prove requisite skill in determining whether the aircraft is in condition for safe operation. This certification can be obtained by making application to the local FAA office in accordance with AC 65-23, Certification of Repairman (Experimental Aircraft Builders). Each certificate is issued for a particular aircraft. See appendix 9 of this AC.
b. It is possible to register an amateur-built aircraft in a corporation's name and for one of the builders of the aircraft to receive a repairman's certificate. The applicant should prove through use of the builder's log that the builder possesses the requisite skill in determining whether the aircraft is in condition for safe operation.
c. Amateur-built aircraft owners should be aware of the privileges and limitations of the Repairman Certificate. The ONLY PRIVILEGE extended under section 65.104 is the ACCOMPLISHMENT OF THE ANNUAL CONDITION INSPECTION. The certificate will be valid for one person, for one specific aircraft, and only allows that person to perform the condition inspection. The privileges and limitations addressed in section 65.103 (i.e., maintenance and alterations) do not apply to repairman (experimental aircraft builder).
18. LOST AMATEUR-BUILT AIRCRAFT OPERATING LIMITATIONS.
a. The aircraft must not be operated without the operating limitations on board the aircraft. If they are lost, have been mutilated, or are no longer legible, contact the local FAA office for guidance or contact AFS-750 to obtain a copy of the operating limitations.
b. If a copy can not be obtained, the owner should contact the local FAA office for issuance of a replacement Form 8130-7 and operating limitations. If the owner can document the aircraft has completed the test flight requirements (in logbook entries) the FAA may then issue new operating limitations without initial test flight operating limitations.
19. FORMS. AC Forms 8050-1, 8050-2, and 8050-88, and Forms 8130-6, 8130-12, and 8610-2 may be obtained from the local FAA office.
Par 20 Page 17
20. HOW TO OBTAIN PUBLICATIONS.
a. The CFR and those ACs for which a fee is charged may be obtained from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. A listing of CFR and current prices is located in AC 00-44, Status of Federal Aviation Regulations, and a listing of all ACs is located in AC 00-2, Advisory Circular Checklist.
b. Additional information and guidance regarding Amateur-Built Experimental Aircraft may be obtained by contacting the local FAA office for applicable website addresses.
c. To be placed on the FAA's mailing list for free ACs, contact: U.S. Department of Transportation, Subsequent Distribution Office, SVC-121.23, Ardmore East Business Center, 3341Q 75th Avenue, Landover, MD 20785.
21. COMMENTS INVITED.
a. The issuance, revision, or cancellation of material in this AC is the responsibility of the Aircraft Certification Service, Production and Airworthiness Division, AIR-200. Future changes will be issued as required to carry out the responsibility of the FAA. Interested persons are invited to submit recommendations for revisions or new material to keep this AC current.
b. Proposed material for inclusion in this AC should be forwarded to:
Federal Aviation Administration Production and Airworthiness Division, AIR-200 800 Independence Avenue, SW.
Washington, DC 20591 FAX Number (202) 267-5580 /S/ Frank P. Paskiewicz Manager, Production and Airworthiness Division, AIR-200