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FAA Airworthiness Certification

x55pilot

Member
I was researching the FAA Airworthiness Inspection requirements for experimental aircraft. I discovered experimental aircraft DO NOT have to comply with FAA Part 43. (43.1b(2)).

This part does not apply to—
(2) Any aircraft for which the FAA has issued an experimental certificate under the provisions of §21.191(i)(3) of this chapter, and the aircraft was previously issued a special airworthiness certificate in the light-sport category under the provisions of §21.190 of this chapter;

When the FAA arrives to inspect a new experimental aircraft what are the Acceptable Standards does this inspector use to determine if the A/C receives an Airworthiness Certificate? If the inspector sees the builders used Grade 4 prop bolts, or no cable guards on pulleys, fiber lock nuts on the exhaust flanges is this grounds for a rejection of a Certification based on what standards? Or is the inspection does a paperwork exercise?
 
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You as the builder are certifying that you believe it is safe to operate.

It would be a huge liability to the FAA if they were certifying your aircraft as airworthy. If they did that, then they would have to inspect every single component of the aircraft. They aren't going to do that.

They are just making sure your paperwork in in order and you didn't do anything fraudulent. Most of the time this is designated to a DAR. A good DAR will look over your plane and look for common issues, check flight controls etc before handing you the airworthiness cert.

I did mine with the FAA because I had no DAR available. Their big thing was inspecting the flight controls, that was a hot topic for some reason. And making sure I understood what I could/could not do with an experimental. Other than that, it was mostly inspecting paperwork.
 
What Rob said..

Your new plane will never really be "Airworthy" in the terms applied to a certified aircraft. I am an APIA, and do inspections of both and the sign-off is entirely different...an experimental is "in a condition safe for flight", where as a certified aircraft is "Airworthy". I had the local FSDO give my RV-4 a pink slip after my build, and they truly want to understand that YOU built it, the required documents are in order, and there is no obvious scary stuff going on. The inspector did operate the controls to check functionality and correct directional movement, otherwise, the inspection was not in great depth. Keep in mind, some FAA guys are gurus, but most are not when it comes to experimentals. When I got the block checked to go fly, my inspector basically said "my only request is that you call me after the landing of your first flight", otherwise the rest is basically up to you to maintain the legal safe condition from here on out. Fortunately, the VANs series of aircraft have a stellar reputation when built within the designed set-up, and the inspectors know this. I can imagine if you were designing your own type from scratch, the inspection may be a little more rigorous..as would the first flight.
 
If you are using the FAA, then you will be using your regional FAA FSDO. Each FSDO office has their own Airwortheness Inspectors and each seem to use their own approach to "inspecting" Experimental aircraft.

In my case, the FSDO guy wanted my -6A all buttoned up and ready for flight. He looked over the plane, examined the paperwork in excruciating detail, examined the data plate on the aircraft to ensure it matched the paperwork, and had me read the Phase I and Phase II limitations. That was it.
 
I had 4 FSDO inspectors at my house when they did my -9A. They wanted the cowling off, and inspection covers open. The "head guy" looked the airplane over, his helper was sort of in training, and he looked over my paper work, sort of looked at the build log and a few pictures, and the other two REALLY were in training. The one that inspected the airplane had a few recommendations for securing some wires and found a couple of jam nuts on the hinge bearings of the elevator that weren't secure.

It was a really a fun experience. We found out the two main guys' kids went to rival private schools. The "helper's" son went to the private school that my wife taught at. And she knew the family really well.:)
 
As said before, Part 43 does not apply to experimental amateur-built aircraft, EXCEPT for the annual condition inspection, as specified in the operating limitations.

Most MIDO and/or FSDO inspectors do not inspect EAB aircraft to the extent that DARs do. They are only interested the the aircraft meets the definition of amateur-built status. Most all DARs inspect in more detail to confirm that the aircraft is safe. A DAR may deny a certificate for anything he/she feels is unsafe.

You, as the builder, make the claim that the aircraft is "in a condition for safe operation". The inspector is simply checking your work. You, as the builder, can very easily overlook things simply because you are so close to the project. A more experienced inspector will likely spot these discrepancies.

As an example, out of over 1,000 certification inspections, I have found only 3 that I could not find some discrepancy.
 
You as the builder are certifying that you believe it is safe to operate.

It would be a huge liability to the FAA if they were certifying your aircraft as airworthy. If they did that, then they would have to inspect every single component of the aircraft. They aren't going to do that.

They are just making sure your paperwork in in order and you didn't do anything fraudulent. Most of the time this is designated to a DAR. A good DAR will look over your plane and look for common issues, check flight controls etc before handing you the airworthiness cert.

There is this rampant notion that E A/B aircraft are never deemed "airworthy." B.S. In order to fly, an FAA representative must issue a special airworthiness certificate. That DAR should follow FAA Order 8130.2j when inspecting your plane for that SAWC. Chapter 2 applies to all aircraft and 2-3,e,(9) specifies that he is to inspect to verify that the "aircraft is airworthy."
 
Below is the wording from FAA Order 8130.2G, "Airworthiness Certification of Aircraft and Related Products", Chapter 2, Section 1.200, page 2-1:

"200. Definition Of The Term “Airworthy” for U.S. Type Certificated (TC) Aircraft.

Although the term “airworthy” is defined in 14 CFR § 3.5(a), a clear understanding of its meaning is essential for use in the FAA’s airworthiness certification program. Below is a summary of the conditions necessary for the issuance of an airworthiness certificate. A review of case law relating to airworthiness reveals two conditions that must be met for an aircraft to be considered “airworthy.” Title 49, United States Code (49 U.S.C.) § 44704(c) and 14 CFR § 21.183(a), (b), and (c) state that the following two conditions necessary for issuance of an airworthiness certificate:

a. The aircraft must conform to its type design. Conformity to the type design is considered attained when the aircraft configuration and the engine, propeller, and articles installed are consistent with the drawings, specifications, and other data that are part of the TC. This includes any supplemental type certificate (STC) and repairs and alterations incorporated into the aircraft.

b. The aircraft must be in a condition for safe operation. This refers to the condition of the aircraft relative to wear and deterioration, for example, skin corrosion, window delamination/crazing, fluid leaks, and tire wear.

Note: If one or both of these conditions are not met, the aircraft would not be considered airworthy. Aircraft that have not been issued a TC must meet the requirements of paragraph 200b of this order."​

Also, on page 4-49,
"4097. Eligibility.

a. Basic Guidelines. Amateur-built aircraft are eligible for a special airworthiness certificate in the experimental category, for the purpose of operating amateur-built aircraft when―

(1) The FAA finds that the aircraft complies with acceptable aeronautical standards and practices,

(2) The aircraft is in condition for safe operation, and

(3) The applicant (individual or group) presents satisfactory evidence that the major portion of the aircraft was fabricated and assembled solely for their own educational or recreational purposes. ... "​
I believe it is generally accepted that E-AB airplanes are not "Airworthy" by the definition above since they do not have a Type Certificate, thus don't meet the requirement of paragraph 200a. But they are required to meet paragraph 200b, and "must be in a condition for safe operation", as the Note states, and Section 4097 states.
 
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Below is the wording from FAA Order 8130.2G, "Airworthiness Certification of Aircraft and Related Products", Chapter 2, Section 1.200, page 2-1:

"200. Definition Of The Term “Airworthy” for U.S. Type Certificated (TC) Aircraft.

Although the term “airworthy” is defined in 14 CFR § 3.5(a), a clear understanding of its meaning is essential for use in the FAA’s airworthiness certification program. Below is a summary of the conditions necessary for the issuance of an airworthiness certificate. A review of case law relating to airworthiness reveals two conditions that must be met for an aircraft to be considered “airworthy.” Title 49, United States Code (49 U.S.C.) § 44704(c) and 14 CFR § 21.183(a), (b), and (c) state that the following two conditions necessary for issuance of an airworthiness certificate:

a. The aircraft must conform to its type design. Conformity to the type design is considered attained when the aircraft configuration and the engine, propeller, and articles installed are consistent with the drawings, specifications, and other data that are part of the TC. This includes any supplemental type certificate (STC) and repairs and alterations incorporated into the aircraft.

b. The aircraft must be in a condition for safe operation. This refers to the condition of the aircraft relative to wear and deterioration, for example, skin corrosion, window delamination/crazing, fluid leaks, and tire wear.

Note: If one or both of these conditions are not met, the aircraft would not be considered airworthy. Aircraft that have not been issued a TC must meet the requirements of paragraph 200b of this order."​

Also, on page 4-49,
"4097. Eligibility.

a. Basic Guidelines. Amateur-built aircraft are eligible for a special airworthiness certificate in the experimental category, for the purpose of operating amateur-built aircraft when―

(1) The FAA finds that the aircraft complies with acceptable aeronautical standards and practices,

(2) The aircraft is in condition for safe operation, and

(3) The applicant (individual or group) presents satisfactory evidence that the major portion of the aircraft was fabricated and assembled solely for their own educational or recreational purposes. ... "​
I believe it is generally accepted that E-AB airplanes are not "Airworthy" by the definition above since they do not have a Type Certificate, thus don't meet the requirement of paragraph 200a. But they are required to meet paragraph 200b, and "must be in a condition for safe operation", as the Note states, and Section 4097 states.


Which you, as the builder, are a claiming.
 
What Mel said

That final inspection is mostly about having your paperwork in order.
The inspector will want to see some sort of proof that you built it.
Don't forget to ask for your repairman certificate right then and there, otherwise you'll have to make a special trip to your FSDO and proof the whole story again that you are the builder.
This was my experience, first airplane I used a DAR and did not get my repairman certificate. Second airplane, I used FSDO inspector and got the whole shebang taken care of.
Both inspectors wanted the airplane in flying condition.
 
That final inspection is mostly about having your paperwork in order.
The inspector will want to see some sort of proof that you built it.
Don't forget to ask for your repairman certificate right then and there, otherwise you'll have to make a special trip to your FSDO and proof the whole story again that you are the builder.
This was my experience, first airplane I used a DAR and did not get my repairman certificate. Second airplane, I used FSDO inspector and got the whole shebang taken care of.
Both inspectors wanted the airplane in flying condition.

DARs cannot issue Repairman Certificates. That must be done by the FSDO.

What we can do is supply you with the application, documentation and a letter of recommendation. Every FSDO does things a little different.

My particular FSDO will issue the certificate by email with my letter of recommendation and proper documentation. It is a very simple process.
 
Below is the wording from FAA Order 8130.2G, "Airworthiness Certification of Aircraft and Related Products", Chapter 2, Section 1.200, page 2-1:

"200. Definition Of The Term “Airworthy” for U.S. Type Certificated (TC) Aircraft.

Although the term “airworthy” is defined in 14 CFR § 3.5(a), a clear understanding of its meaning is essential for use in the FAA’s airworthiness certification program. Below is a summary of the conditions necessary for the issuance of an airworthiness certificate. A review of case law relating to airworthiness reveals two conditions that must be met for an aircraft to be considered “airworthy.” Title 49, United States Code (49 U.S.C.) § 44704(c) and 14 CFR § 21.183(a), (b), and (c) state that the following two conditions necessary for issuance of an airworthiness certificate:

a. The aircraft must conform to its type design. Conformity to the type design is considered attained when the aircraft configuration and the engine, propeller, and articles installed are consistent with the drawings, specifications, and other data that are part of the TC. This includes any supplemental type certificate (STC) and repairs and alterations incorporated into the aircraft.

b. The aircraft must be in a condition for safe operation. This refers to the condition of the aircraft relative to wear and deterioration, for example, skin corrosion, window delamination/crazing, fluid leaks, and tire wear.

Note: If one or both of these conditions are not met, the aircraft would not be considered airworthy. Aircraft that have not been issued a TC must meet the requirements of paragraph 200b of this order."​

Also, on page 4-49,
"4097. Eligibility.

a. Basic Guidelines. Amateur-built aircraft are eligible for a special airworthiness certificate in the experimental category, for the purpose of operating amateur-built aircraft when―

(1) The FAA finds that the aircraft complies with acceptable aeronautical standards and practices,

(2) The aircraft is in condition for safe operation, and

(3) The applicant (individual or group) presents satisfactory evidence that the major portion of the aircraft was fabricated and assembled solely for their own educational or recreational purposes. ... "​
I believe it is generally accepted that E-AB airplanes are not "Airworthy" by the definition above since they do not have a Type Certificate, thus don't meet the requirement of paragraph 200a. But they are required to meet paragraph 200b, and "must be in a condition for safe operation", as the Note states, and Section 4097 states.

So how do you comply with 14 CFR 91.7 ???
(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.
 
Below is the wording from FAA Order 8130.2G, "Airworthiness Certification of Aircraft and Related Products", Chapter 2, Section 1.200, page 2-1:

"200. Definition Of The Term “Airworthy” for U.S. Type Certificated (TC) Aircraft.

Although the term “airworthy” is defined in 14 CFR § 3.5(a), a clear understanding of its meaning is essential for use in the FAA’s airworthiness certification program. Below is a summary of the conditions necessary for the issuance of an airworthiness certificate. A review of case law relating to airworthiness reveals two conditions that must be met for an aircraft to be considered “airworthy.” Title 49, United States Code (49 U.S.C.) § 44704(c) and 14 CFR § 21.183(a), (b), and (c) state that the following two conditions necessary for issuance of an airworthiness certificate:

a. The aircraft must conform to its type design. Conformity to the type design is considered attained when the aircraft configuration and the engine, propeller, and articles installed are consistent with the drawings, specifications, and other data that are part of the TC. This includes any supplemental type certificate (STC) and repairs and alterations incorporated into the aircraft.

b. The aircraft must be in a condition for safe operation. This refers to the condition of the aircraft relative to wear and deterioration, for example, skin corrosion, window delamination/crazing, fluid leaks, and tire wear.

Note: If one or both of these conditions are not met, the aircraft would not be considered airworthy. Aircraft that have not been issued a TC must meet the requirements of paragraph 200b of this order."​

Also, on page 4-49,
"4097. Eligibility.

a. Basic Guidelines. Amateur-built aircraft are eligible for a special airworthiness certificate in the experimental category, for the purpose of operating amateur-built aircraft when―

(1) The FAA finds that the aircraft complies with acceptable aeronautical standards and practices,

(2) The aircraft is in condition for safe operation, and

(3) The applicant (individual or group) presents satisfactory evidence that the major portion of the aircraft was fabricated and assembled solely for their own educational or recreational purposes. ... "​
I believe it is generally accepted that E-AB airplanes are not "Airworthy" by the definition above since they do not have a Type Certificate, thus don't meet the requirement of paragraph 200a. But they are required to meet paragraph 200b, and "must be in a condition for safe operation", as the Note states, and Section 4097 states.

Actually, you just made my case for me. It clearly states that aircraft that do not have a TC must (only) meet 200b to be defined as Airworthy.

Back to 14 CFR § 3.5(a), that clearly states: "The following terms will have the stated meanings when used in this section:"
That means the given definition does NOT apply anywhere outside of Chapter I Subchapter A Part 3 Subpart A which pertains to ONLY certified aircraft. Therefore, the definition provided there does not apply to E A/B aircraft.
 
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