I'm not sure about subsequent owners, but if you are the builder of record for a EAB, you can reset the gross downward to the LSA qualifying standard of 1320 as you are the manufacturer of the aircraft. Been done and approved by our FSDO for a friend of mine and we'll potentially do the same for our Wag-Aero Cuby if the need arises in the future.
James Smith
Nope, take a look at FAR 1.1, where the definition of LSA resides:
Light-sport aircraft means an aircraft, other than a helicopter or powered-lift
that, since its original certification, has continued to meet the following
1) A maximum takeoff weight of not more than—
(i) 1,320 pounds (600 kilograms) for aircraft not intended for operation on water; or
(ii) 1,430 pounds (650 kilograms) for an aircraft intended for operation on water.
(2) A maximum airspeed in level flight with maximum continuous power (V
H ) of not more than 120 knots CAS under standard atmospheric conditions at sea level.
(3) A maximum never-exceed speed (V
NE ) of not more than 120 knots CAS for a glider.
(4) A maximum stalling speed or minimum steady flight speed without the use of lift-enhancing devices (V
S1 ) of not more than 45 knots CAS at the aircraft's maximum certificated takeoff weight and most critical center of gravity.
(5) A maximum seating capacity of no more than two persons, including the pilot.
(6) A single, reciprocating engine, if powered.
(7) A fixed or ground-adjustable propeller if a powered aircraft other than a powered glider.
(8) A fixed or feathering propeller system if a powered glider.
(9) A fixed-pitch, semi-rigid, teetering, two-blade rotor system, if a gyroplane.
(10) A nonpressurized cabin, if equipped with a cabin.
(11) Fixed landing gear, except for an aircraft intended for operation on water or a glider.
(12) Fixed or retractable landing gear, or a hull, for an aircraft intended for operation on water.
(13) Fixed or retractable landing gear for a glider.
The statement "
that, since its original certification, has continued to meet the following" is actually pretty clear in its interpretation. If an aircraft has EVER been licensed with a gross weight in excess of 1320 (1430 for seaplanes), then it can NEVER be operated by a sport pilot as an LSA. I poked around the EAA site and couldn't readily find their interpretation of this, but it is pretty clear in the FAR.
I've discussed this with a DAR regarding a Champ that had it's GW increased above 1320 with an engine change, and asked if one could simply field approve a reduction in GW. Nope, although the FAA has field approved a deviation from the engine change STC so that the original GW was retained, but the engine hp increased. But, once you've increased the GW beyond 1320, it'll never be a legal LSA.
MTV