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gdafoe
11-05-2008, 10:08 PM
Any info/idea on when the new rules will take effect? I'm trying to get my TCOW/Smith flying asap and hopefully before they take effect. Shouldn't make any difference but it might of course.

gdafoe
11-06-2008, 08:50 PM
I see today they are reopening the comment period on the new rules.

jnorris
11-07-2008, 05:56 PM
There is no set schedule for the changes in amateur-built certification policy to go into effect. They reopened the comment period, and will not be able to do anything until this new period has run its course. They are also talking about convening a new Aviation Rulemaking Committee (ARC) to help disposition comments and craft the specifics of the new policy. (Calling this body an "ARC" is a bit of a misnomer because this action is not "rule making" but rather policy revision.)

Anyway, the bottom line is that there is no set schedule for the new policy to take effect. As soon as I have anything more firm I will post to this group.

Cheers!

gdafoe
11-07-2008, 07:01 PM
Thanks Joe, I was hopeful that you would have some updated info on this.

S2D
02-26-2009, 12:22 AM
anything more on the new rules? I am looking at a couple projects.

What happens if one buys a project without any build records?

jnorris
02-26-2009, 11:22 AM
According to the latest (not carved in stone) info I've heard, the FAA wants to have the new policy in effect by the end of July. That would mead just prior to or during the EAA convention in Oshkosh. Nothing like making my life a little more complicated!! :)

I'll let y'all know when/if I hear anything more.

Cheers!

S2D
02-26-2009, 11:45 AM
Joe
Would you care to cover or direct me to a good site that explains what happens when one buys a partially completed project that has no construction logs. ( I've searched thru the eaa site and several others, but get no clear definitive of what to do if one does wind up with an undocumented project)

some people want to cover their ass for liability purposes and not include any records with a project they are trying to sell.

Thanks
Brian

jnorris
02-27-2009, 10:48 AM
Would you care to cover or direct me to a good site that explains what happens when one buys a partially completed project that has no construction logs.

I can't direct you to any specific guidance on that question because none exists. The bottom line is, you must have construction records to prove that amateur builders have performed the major portion of the fabrication and assembly of the aircraft solely for their own education and recreation. The applicant for the airworthiness certificate signs a notarized form specifically stating that he/she has such records. If the records do not exist, the aircraft is not eligible for the amateur-built airworthiness certificate.

These people who sell aircraft as "parts" to try to avoid liability do themselves and the buyer a great disservice. The seller greatly devalues their aircraft (since it can't be sold as an "aircraft" without the paperwork) and the buyer is stuck in a situation where he/she can't legally apply for an amateur-built airworthiness certificate since doing so would require that the applicant falsify the 8130-12 Eligibility Statement form (which is a federal offense).

The kicker is, if these sellers were ever called into court and asked under oath if they did in fact build these "parts" they would either have to say "yes" or would purger themselves. So their liability exposure is the same whether they sell the aircraft as "parts" or as an "aircraft" with the paperwork.

When someone calls me and asks about purchasing an aircraft as "parts" I tell them to either get the paperwork or walk away. It's usually not worth the attractive price of the parts when you're faced with an experimental exhibition airworthiness certificate instead of amateur-built. There are some cases where an exhibition certificate isn't too bad a deal (such as with competition aerobatic or racing aircraft) but for something like a Cub or similar it would be a major pain in the butt.

Hope this helps!

behindpropellers
02-27-2009, 10:53 AM
Joe-

Anything come at the meeting from aging and obsolete aircraft? I read through the "report" I got in my email but nothing about that.

Tim

jnorris
02-27-2009, 05:44 PM
Anything come at the meeting from aging and obsolete aircraft? I read through the "report" I got in my email but nothing about that.

Tim,

No, nothing was discussed at our meeting here in OSH. There are some efforts underway regarding release of TC data for "orphaned" TCs, but that's in the legal system right now so there isn't anything new to report at this time.

cheers!

S2D
02-27-2009, 07:28 PM
thanks Joe. That's kinda the picture I was coming up with.