It
is pure speculation to suggest any ‘reasoning’ behind Lancair Inc’s
new ownership transfer policy. We all know this list is monitored by Lancair Inc
employees, including Joe Bartels. If Lancair Inc wished, it could explain in no
uncertain terms its intentions and goals. It could explain the purpose and need
for a $300 fee. It could explain why only Lancair Inc may inspect aircraft despite
the fact there are any number of people and businesses with the technical qualifications
to ensure a Lancair kit is properly constructed or maintained. It could explain
why the only satisfactory Lancair training programs are those Lancair Inc
endorses.
So
far, the silence from Lancair Inc is deafening.
When
I purchased my Legacy FG kit I was given the impression my purchase entitled me
to any and all technical support I needed from Lancair Inc.; I was not told of
a time limit. From what I’ve read, I believe the majority of original
builders got the same impression. In my mind, Lancair agreed – in essence
– to provide technical support to me for the lifetime of the aircraft. I
assumed the cost of that support was included in the cost of the kit; I paid
for it – this seems inarguable. I don’t understand why a new owner
should have to pay for something that has already been paid for. When I buy a
late-model used car I get the remainder of the warranty, I don’t have to
pay for it again.
The
only point of debate that seems relevant is the suggestion by some a $300 fee
is justified because a ‘new’ owner will require more technical
support than the original owner. This is an assumption not based on fact.
What
if the new owner is a previous Lancair owner who is replacing an aircraft
destroyed by a natural disaster? What if the new owner is a build-for-hire
outfit that has completed several Lancair kits? What if a ‘new’
owner holds an A&P/IA and works for a major composite aircraft manufacturer?
What if (s)he is a former Lancair employee who worked in the build shop? Would
these new owners require more or less technical support than the original
owner?
Nowhere
in the resale agreement does it explain the purpose of the $300 fee, or what
value a new owner gets for it other than access to two things: 1) Lancair support,
which the original owner already paid for, and 2) parts, which the new owner
will have to pay for.
It’s
in Lancair Inc’s best interest that its kits be properly built, and properly
maintained once completed. The ONLY way that will happen is if owners contact
Lancair when they have a question and/or Lancair knows who to contact about
parts recalls or safety bulletins. Doesn’t requiring a fee (not to
mention proprietary inspections and training) discourage new owners from
seeking Lancair Inc’s support? Wouldn’t this serve to INCREASE
Lancair Inc’s liability?
Let’s
say you walk in the door of any widget business in the universe with your newly
purchased widget to find out if there are any recalls or notices about safety
problems. You tell the guy behind the desk why you’re there and he says, “Sure,
I can tell you that, but before I do you gotta pay me $300 bucks, a couple
thousand to have your widget inspected and a couple more so I can train you how
to use it.”
“What’s
the $300 bucks for?”
“Technical
support.”
“But
I don’t need technical support, I just want to know about recalls and
safety notices on widgets you sold three years ago.”
“Well
then, it’s an administrative fee.”
“But
all you have to do is type my name and address in your database.”
“Hey,
you wanna do business or what?”
Would
you take out your wallet, or walk back out the door?
Mark
Sletten
From: Bill Hannahan
[mailto:wfhannahan@yahoo.com]
Sent: Saturday, June 05, 2010 9:10 PM
To: lml@lancaironline.net
Subject: Transfer of Ownership
Rob has pretty well summed up my perspective on the issue.
What about the new owner who refuses to pay the fee and
substitutes sub standard parts? If an accident results, could Lancair be held
partially responsible?
The accident will impact all of us in insurance / training
/ regulatory costs.
Parts are parts. Charge a reasonable price and sell them
to whoever wants them.
--- On Sat, 6/5/10, rwolf99@aol.com <rwolf99@aol.com>
wrote:
From: rwolf99@aol.com <rwolf99@aol.com>
Subject: [LML] Re: Transfer of Ownership
To: lml@lancaironline.net
Date: Saturday, June 5, 2010, 2:19 PM
I've re-read my posting, and reviewed all the other comments,
and have come to the conclusion that my initial response was a little too
strident. (It would not be the first time in my life that I've done
that.) Anyway, I separate this into different issues, and have some
more comments:
Paying for builder assistance is not in itself a problem.
A certain amount should be included with the purchase of the kit but an
unlimited amount is too much to ask. $300? As good a number as
any. But I would consider the right to purchase parts for an
airplane in progress to be different. (And yes, I realize that we
don't have a "right" to patronize any business, but bear with me
here...)
In the olden days of plans-built aircraft, it was not uncommon
for someone to build his airplane and pass the plans on to someone
else. A license transfer fee was reasonable and appropriate. In
fact, I would contend that what you actually purchased was not the plans per
se, but a license to use the design data to produce a single
airplane. If you finished your plane and gave the plans to a
buddy, he *should* pay a new license fee for the right to use the data, even
if that data came from the identical piece of paper. On the other hand,
if you sold your project you also sold your license to use the data, i.e.,
the license was transferable. Joe's the lawyer, not me, so I
assume he knows these matters better than I do.
Where I have a problem is requiring a "factory
inspection" and "mandatory training from a factory-approved
source" before replacement pats can be purchased from Lancair. I
do accept that they have every right to establish this policy but it is
something I disagree with. Will we have airplanes that "pass"
or "fail"? Will they give the new buyer a punch list of
things to replace or change before they will sell a new nose gear
strut? What if I believe that my non-certified power distribution
system is better than their non-certified power distribution system? Do
I need to get a DER to certify that it's airworthy before I can buy a new
canopy latch?
Examples -- Maybe two electronic ignitions without a backup
battery is okay and maybe it isn't. Maybe a single vacuum system
without a backup attitude indicator is not "approved" by the
factory, even though it was good enough for Beech, Piper, Cessna and the FAA
for 50 years. Who says whether something good enough or not? An
EAA Technical Advisor? Who says "okay, you can buy
parts"? And there are plenty of places where NAPA Air Parts are
just fine, although I can proudly say that there are no Radio Shack parts in
*my* airplane. What will Lancair's position be on this?
1) The FAA has established criteria for airworthiness,
even for experimental airplanes. They issue certificates that say
so. Every flying airplane has one. Why should Lancair be able to
declare it not valid?
2) As for training, the FAA has not established a type
rating requirement for non-turbine Lancairs. However, they have
established training criteria for single-engine airplanes and every licensed
and current pilot with a BFR and a medical meets them. Not to mention
that the insurance cartel is requiring training for the high-end Lancairs
already.
I have heard many good comments from the group on both
sides. Let's keep the dialogue going. It's in our common interest
to have safe airplanes flown by safe pilots.
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