Mailing List lml@lancaironline.net Message #1181
From: <ReganRanch@aol.com>
Subject: Airworthiness and Insurance
Date: Fri, 20 Nov 1998 14:43:47 EST
To: <lancair.list@olsusa.com>
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A lot of pilots that I have talked to were unaware that the builders freedom
to experiment on the airplane that they are building is sharply curtailed once
the Airworthiness Certificate is issued. This is because the Airworthiness
Certificates validity is predicated on the fact that no "Major Alterations"
have been performed since the issuance of the Airworthiness Certificate.
Examples of major alterations are given in Appendix A to part 43 of the FARs.
Many of the major alterations listed seem minor, like changing the prop
governor or the blade design.

As it turns out the big gotchya here isn't the FAA, it is your insurance
company. In a recent case a fellow had modified the fuel system on his
airplane, didn't like it and changed it back (he said). He then crashed the
plane into someone else's property. His insurance refused to cover the
liability because his Airworthiness Certificate was invalid due to his
experimenting with the fuel system and inadequately documenting its return to
original condition. He sued the carrier and lost. He appealed all the way to
the state supreme court and lost. Ouch.

The solution is simple and relatively easy. Prior to making any major
modifications, ask your local FAA office what steps are required to maintain
the validity of the Airworthiness Certificate. You may need to do nothing, or
make a logbook entry or fly for a few hours in your test area. Any of which is
preferable to the down side of loosing your house, car, fortune and plane.

Remember, once the Airworthiness Certificate is issued you need to transform
from the mad scientist aircraft experimenter to the law abiding aircraft
captain.

Regards
Brent Regan
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