jnorris
MEMBER
Wisconsin
FYI, here is EAA's response to several members (maybe some of y'all) who contacted EAA HQ directly on this subject....
"EAA spoke to the author of the Order, who will be giving the Alaska presentation, today. Here is our understanding based on that conversation:
True "data plate restorations" (i.e. new aircraft literally built around the data plate alone) do, and have always, violate FAR 45.13, which says that you can't put a data plate on any aircraft other than the one it came off of. Further, FAR 47.41 says that the registration is terminated when the aircraft is “completely destroyed.” This order lays out, in a practical sense, a generous definition of “completely destroyed.” Essentially, if any part of the primary structure (fuselage, wings, tail, etc…) is left salvageable, the aircraft can be rebuilt/restored. If there is disagreement over whether an aircraft is repairable or not, there is a resolution process using the FAA’s engineering offices. This would also apply to an experimental aircraft sold as scrap. If the buyer can show that the aircraft is intact and repairable, it can be returned to service through the proper documentation. The intent of this order is to prevent restorations only when there is truly nothing left of the aircraft other than the data plate.
It is unfortunate that this Order potentially adds paperwork to the restoration/repair process, but it ultimately only makes impossible a small number of restorations that were technically not meeting the letter of FAR 47.41 in the first place. EAA did ask about a “glacier girl” style restoration of a decaying airframe, and the author said that these sorts of projects can be approved under this policy. It is also unfortunate that the Order was not put out for public comment in advance of publication (orders seldom are), as at minimum it would have allowed us to address some of these questions prior to publication. A companion AC will be put out for comment in the next few months.
Please contact Tom Charpentier at tcharpe@eaa.org if you have feedback or questions. EAA will be closely watching the implementation of this policy, and ensuring that restoration of vintage aircraft will continue unfettered."
"EAA spoke to the author of the Order, who will be giving the Alaska presentation, today. Here is our understanding based on that conversation:
True "data plate restorations" (i.e. new aircraft literally built around the data plate alone) do, and have always, violate FAR 45.13, which says that you can't put a data plate on any aircraft other than the one it came off of. Further, FAR 47.41 says that the registration is terminated when the aircraft is “completely destroyed.” This order lays out, in a practical sense, a generous definition of “completely destroyed.” Essentially, if any part of the primary structure (fuselage, wings, tail, etc…) is left salvageable, the aircraft can be rebuilt/restored. If there is disagreement over whether an aircraft is repairable or not, there is a resolution process using the FAA’s engineering offices. This would also apply to an experimental aircraft sold as scrap. If the buyer can show that the aircraft is intact and repairable, it can be returned to service through the proper documentation. The intent of this order is to prevent restorations only when there is truly nothing left of the aircraft other than the data plate.
It is unfortunate that this Order potentially adds paperwork to the restoration/repair process, but it ultimately only makes impossible a small number of restorations that were technically not meeting the letter of FAR 47.41 in the first place. EAA did ask about a “glacier girl” style restoration of a decaying airframe, and the author said that these sorts of projects can be approved under this policy. It is also unfortunate that the Order was not put out for public comment in advance of publication (orders seldom are), as at minimum it would have allowed us to address some of these questions prior to publication. A companion AC will be put out for comment in the next few months.
Please contact Tom Charpentier at tcharpe@eaa.org if you have feedback or questions. EAA will be closely watching the implementation of this policy, and ensuring that restoration of vintage aircraft will continue unfettered."