Other than going through the kit approval process, the FAA doesn't like to
get involved until the airplane is finished. The document doesn't talk
about any "how are we doing" visits. I think that explains why the FAA did
stop by Epic for a friendly visit.
Although the changes in the rules concerning number of seats and being able
to build the aircraft at home seemed directly aimed at Epic, I don't think this
FAA rule change is as much about Epic as it is about too many airplanes
departing from the original concept of "homebuilt" or "amateur built". Buying a
kit that's 49% complete from the factory (according to the checklist), okay,
getting professional help at a factory assist center, okay; combining both,
probably okay. But the heart of this rule seems to be about "builder
assist" while the airplane owner is off earning a living.
One person's comment that these changes have been in the
works longer than Epic sort of confirms my theory on the rule's
motivation. I would think that Mooney and Piper, who are only selling a
handful of planes may have approached the FAA and said, "Enough is enough, are
you going to let these people walk all over the rules?" Maybe, Rick, it
was TBM. You go toe to toe with them on your web site! These
certified companies are struggling and they spent millions going through
certification so they could sell airplanes.
I agree with Rick that Epic shouldn't be singled out. I do
wonder why anybody would shell out that kind of money without some assurance
that they could register their airplane when
it's done. I would think that if a Lancair IVP can pass the 51% kit
approval checklist process, Epic should be able to. If the builder
stays at your facility during the completion, Epic is operating along
the same lines as Lancair.
Doesn't it seem like they want the DAR to document the "nature" of the
builder assist? The FAA has always encouraged builder assist due to the
safety and educational benefit. If the airplane owner is off earning a
living and not participating, he's just paying someone to build his
airplane.
Since kits are completed and registered often years after they are
purchased, the risk to a kit builder of the FAA changing the rules midstream is
real. Let's say you could buy an "approved" kit. During the
building process, the FAA changes the checklist to better reflect the 51%
rule. The pre-approved kits would no longer be valid. The DAR uses
the new checklist and you can't register your airplane. Just because your
kit is approved when you buy it, doesn't mean it's approved when you try to
register it. The FAA document says clearly that the pre-approval process
is only to help the DAR determine the major portion requirement. Any DAR
who's questioning the 51% rule, even before the new changes, could toss aside
the pre-approval and demand documentation from the builder showing that he did
build the major portion. That's under the current rules.
The new rules emphasize the FAA's insistence on the builder building the
"major portion", and that they are going to be looking at that more closely in
the future. The EAA has a big job ahead of them preserving the status quo,
and protecting the many kits that are under construction.
Like I said, I don't think Epic caused this!
Mike