Mailing List lml@lancaironline.net Message #55801
From: Bill Wade <super_chipmunk@roadrunner.com>
Sender: <marv@lancaironline.net>
Subject: Re: [LML] Re: LII Resale Agreement
Date: Wed, 21 Jul 2010 12:31:45 -0400
To: <lml@lancaironline.net>

  These are all good posts. I think Lancair is recognizing the need to improve the safety record for the fleet, just as the founders of LOBO do.
 
 Jeff can correct me but structural issues have not been the problem- very few planes have come apart in the air. Anyone purchasing a completed Experimental aircraft is required by the plane's Operating Limitations to have an annual Condition Inspection done by an authorized person- the original builder or an A&P. Rather than specify who should do the inspections Lancair could simply require an inspection performed by an A&P. In that way there'd be a fresh set of eyes looking at the plane to see how it was constructed and maintained. That would be in compliance with FAA policy and would not expose Lancair to extra liability.
 
 One point- if the manuals for other models are as poorly organized and out-of-date as the one I have for the IV-P, that not only makes it difficult for a mechanic to understand how the planes are supposed to be built but might cause problems for Lancair down the road. For example, the supplemental gear door instructions are fairly detailed and illustrated but leave out important dimensions. The ones in the manual refer to several drawings that weren't included with my kit and apparently are no longer available. Now, suppose after doing the best I can to get them set up, the first time I do a retract in the air they don't open because I didn't have the spring attach point located properly. I have a gear up landing as a result. Whose fault would it be? Something to think about.
 
  On insurance- I've heard the FAA's attitude on Experimentals was to let the insurance market sort them out. There's no FAA requirement for insurance. Anyone with a loan or with assets to protect would need it though. Lancair and LOBO have taken steps to make insurance available but ultimately the underwriters set the requirements, not Lancair or LOBO. Perhaps Lancair could recommend certain training programs that are acceptable to the insurance companies. Unless the rules change though I don't think it's possible to get instruction in someone else's Experimental, as they can't be operated for hire. It requires a trusting friend. That generally means someone has to own a flying aircraft, then learn how to fly it safely. I'd like to get instruction before mine is completed- in a few years, who knows? Maybe it'll be possible.
 
  I don't think any of the above should apply to uncompleted kits. Those will be inspected prior to the Airworthiness Certificate and should start with a clean slate. -Bill Wade
 
 
----- Original Message -----
Sent: Tuesday, July 20, 2010 7:57 AM
Subject: [LML] Re: LII Resale Agreement

These are all good points.
Unfortunately, the actions of a few (some of which are no longer with us) is driving this. I don't know the current regime at Lancair but I would imagine they would prefer to stay out of the training/inspection business.
I believe they are forced into this to improve the safety record of the fleet which we all benefit from.
I want the Lancair name to represent sleek high performance personal aircraft not dangerous sleek high performance personal aircraft...

Which would you rather have, modest standards from Lancair or the standards that would come from the FAA if we don't get off of their radar...

Randy Snarr
N694RS
235/320

--- On Sun, 7/18/10, Douglas Johnson <lancair1@bellsouth.net> wrote:

From: Douglas Johnson <lancair1@bellsouth.net>
Subject: [LML] Re: LII Resale Agreement
To: lml@lancaironline.net
Date: Sunday, July 18, 2010, 7:52 AM

To that point, the requirement by Lancair for an insurance inspection by their approved parties, and training by parties approved by them, actually INCREASES their liability exposure, should a mishap subsequently occur. They become much more than a supplier of components. I would imagine tort attorneys would be salivating over these clauses.
 
Douglas W. Johnson MD, FACR



From: Stan Fields <sdfields@austin.rr.com>
To: lml@lancaironline.net
Sent: Sun, July 18, 2010 6:35:49 AM
Subject: [LML] Re: LII Resale Agreement

I agree with Mark that the $300 transfer fee credit is a good way to ensure that Lancair can keep and maintain accurate aircraft and customer records. I also agree with Dennis that Lancair oversteps it’s role as manufacturer in tying training and aircraft inspection requirements in order to get or buy parts and support. I appreciate Lancair’s efforts in finding  and endorsing training and inspection services. I intend to avail myself of both but on a volunteer basis.

 

Lancair has made it clear that their role as manufacturer is limited to building components, not airplanes, and that builders assume complete responsibility for the purpose we choose to their components. I’m ok with that. Lancair assumes no responsibility for the “airplane” nor should it create a mandatory responsibility for its inspection or training.

 

Stan Fields

 

From: Lancair Mailing List [mailto:lml@lancaironline.net] On Behalf Of Dennis Johnson
Sent: Saturday, July 17, 2010 6:44 PM
To: lml@lancaironline.net
Subject: [LML] LII Resale Agreement

 

I agree with Mark that Lancair's decision to apply the $300 transfer fee to a credit for parts purchases is a good move.  I thank the new owner for that!  However, in my opinion the $300 was never an issue.  The following is a quote from their resale agreement:

 

Further, the new purchaser of a flying Lancair aircraft or an uncompleted kit, and prior to the
aircraft being transferred, must agree to have either flying Lancair aircraft or upon first flight of an
uncompleted kit inspected by our insurance inspection team. The new purchaser must also agree to
participate in any Lancair endorsed training program.

 

These two requirements are, it seems to me, potentially very expensive.  An inspection by Lancair's "insurance inspection team" could be thousands of dollars.  The paragraph is awkwardly worded.  It says the buyer must agree to have the inspection, but it doesn't say the inspection has to be completed and it doesn't say the airplane has to pass the inspection. 

 

One of the benefits of building my own experimental airplane is the privilege of using materials and techniques of my own choosing, with nobody (except the FAA, sort of) looking over my shoulder.  Although I'm confident my relatively small modifications from the official plans would be acceptable to Lancair, there's always the possibility that some future Lancair owner (we're now on the third since I've been building) could decide any changes from the plans, no matter how insignificant, must be "corrected" before allowing the new purchaser to register the airplane.  I'm not comfortable giving up that much power to Lancair.  It's my airplane, not theirs. 

 

The resale agreement also says that the purchaser "must also agree to participate in any Lancair endorsed training program."  Holy moly, that's a requirement limited only by the imagination of Lancair. A new owner could also decide, for some insurance purpose perhaps, that the "Lancair endorsed training program" would require who knows how many hours in a Lancair, completed at Redmond. 

 

The inspection requirement, particularly if it includes a requirement that the inspection must be "passed," and the unbounded training requirement, could cost a seller thousands of dollars, and possibly tens of thousands.  And I think the cost will fall on the seller, even if the purchaser is the one who writes the check.

 

Dennis   


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