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View Full Version : Do AD's apply to products installed on an EXPERIMENTAL aircraft?



faamrj
07-25-2007, 12:53 PM
“Do Airworthiness directives apply to engines or propellers installed on experimental aircraft?”
ANSWER: Yes.
This has been a controversial subject for years. People assume that because part 43 does not apply to experimental aircraft that AD’s are not applicable. Wrong, it starts in 14 CFR part 91.403(a) which says in part, the owner or operator must maintain the aircraft in an airworthy condition including compliance with part 39. Then we go to , 14 CFR Part 39 where the whole subject of AD’s is covered, and there is no relief given in the rule for experimentally certificated aircraft. This is also covered in AC 39-7C in paragraph 8. If they had intended to give relief to type certificated products installed on experimental aircraft it would have stated that in the regulation. The 14 CFR part 39 rule says in part, that when an unsafe condition exists in a product and is likely to exist in other similar products, an AD is issued. It’s all about safety to the flying public. If the FAA knows there is a safety issue with a product, it is their job by law to require people that use that product to do something to correct or mitigate the unsafe condition. Big brother has no control over where that product gets used. That’s why if that unsafe product has an applicable AD note, and it ends up on an experimental aircraft, in the interest of safety to the public the AD must be complied with.
If you read FAR part 39 again, with an open mind this time, you will notice that there are no words like “except for products installed on aircraft that have been issued an experimental airworthiness certificate”, or any other language that gives relief from an applicable airworthiness directive. This is not an area that has received much attention from the FAA Inspector staff, but we expect it may make it to the front lines with the influx of light sport aircraft many of which have type certificated products installed.
I always say “nothing happens until something happens”. Just think what might happen if an experimental aircraft augers in with your name in the logs for the last condition inspection, and the investigation reveals the engine quit due to non compliance with an applicable AD.
That’s food for thought.

Captainkirk
07-27-2007, 04:13 PM
Thanks for your input. I've always "assumed" AD's did apply on experimental aircraft, and gotten into several rather heated discussions with owners who did not agree with my viewpoint; after all, it is THEIR aircraft.

Timy2k2
07-30-2007, 08:28 AM
You will find the following statement is standard for almost all Airworthiness Directives, "This AD applies to ( insert make and model ) series airplanes, certificated in any category..... " ( covers normal, utility and experimental) .
or fdr appliances,
Applicability: ACS and Gerdes ignition switches; as installed in, but not limited to, Piper Model PA-38-112 series airplanes, Schweizer Model G-164 series (including Model G-164A, G-164B, and G-164C) airplanes, Schweizer Model 2-37 and 2-37A series airplanes, and the following Cessna airplanes; certificated in any category: ( not limited to means if you built an aircraft of your own design and it was certificated as experimental the AD would still apply to the ACS ignition switch you installed in it)

Gary
07-30-2007, 11:43 AM
I'll have to think on this one a bit

Spinner
07-31-2007, 06:40 AM
a quote from Canadian air regs (CARS) 593 and the old Airworthiness manual.

(i) The Minister will not issue Airworthiness Directives (ADs) against amateur- built, owner-maintained or ultra-light aircraft.
(amended 2002/03/01; previous version)

(ii) ADs are issued against certified aeronautical products independently of the aircraft type concerned. Where an AD is issued to identify an unsafe product, this condition is likely to exist regardless of the aircraft type in which the product is installed. Therefore, even though such ADs would not be mandatory on amateur-built, owner-maintained and ultra-light aircraft, owners should take these ADs into account.


lays it out pretty clear.

Paul

Gary
07-31-2007, 10:03 AM
FAR 43.1
(a) Except as provided in paragraphs (b) and (d) of this section, this part prescribes rules governing the maintenance, preventive maintenance, rebuilding, and alteration of any…

(b) This part does not apply to any aircraft for which the FAA has issued an experimental certificate, unless the FAA has previously issued a different kind of airworthiness certificate for that aircraft.


39.1
FAA issues an airworthiness directive addressing a product when we find that:
(a) An unsafe condition exists in the product; and
(b) The condition is likely to exist or develop in other products of the same type design.

No type-design for Amateur built Experimental!

Timy2k2
07-31-2007, 11:04 AM
Yes but the question was do AD's apply to engines and propellers installed on experimental aircraft, yes they do. Appliances as well ( magneto switches, ELT's, GPS etc). Also if your experimental aircraft was previously certificated as a normal category aircraft any AD's against it would be required to be complied with. Also "certificated in any category" includes experimental and utility.

Gary
07-31-2007, 12:11 PM
Yes but the question was do AD's apply to engines and propellers installed on experimental aircraft, yes they do. Appliances as well ( magneto switches, ELT's, GPS etc). Also if your experimental aircraft was previously certificated as a normal category aircraft any AD's against it would be required to be complied with. Also "certificated in any category" includes experimental and utility.


You state: "certificated in any category"

The categories as listed under a a standard airworthiness certificate (i.e Normal, Utility, Acrobatic, Transport, Commuter)

Experimental AB is not a category under standard airworthinewss certificate...it's is an operation listed under special airworthiness certificate

Gary
07-31-2007, 12:20 PM
“passenger Warning - This Aircraft Is Amateur-built And Does Not Comply With Federal Safety Regulations For Standard Aircraft.”

Gary
08-01-2007, 03:27 PM
I searched the FAA site and came up with this brief:

http://www.faa.gov/about/office_org/field_offices/fsdo/orl/local_more/media/ppt/exper-ia.ppt

States ADs are required, but the brief is from one administrator