On 12 Apr 2005 10:35:47 -0700, (John D. Abrahms) wrote:

Ron Wanttaja wrote in message . ..

Ok. So that means if I build a kitplane and get an airworthiness
certificate this doesn't necessarily mean that my neighbour building
the exactly same kit with exactly the same parts. Understandable, as
even with the same parts the quality of work may differ.

Yep! As far as the FAA is concerned, the two aircraft aren't even related to
each other.

The Experimental category under the Special Airworthiness includes a number of
categories, such as racing, market survey, R&D, Exhibition, experimental LSA,
and amateur-built.

Racing is clear. What is the difference between the other categories?

They're spelled differently. :-)

I assume amateur-built means a plane built by hobbyists. R&D probably
is something like an experimental airplane from a plane manufacturer
like the YF-22, right? What is experimental LSA?

FAR 21.191:

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft
equipment, new aircraft installations, new aircraft operating techniques, or new
uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other
operations to show compliance with the airworthiness regulations including
flights to show compliance for issuance of type and supplemental type
certificates, flights to substantiate major design changes, and flights to show
compliance with the function and reliability requirements of the regulations.

(c) Crew training. Training of the applicant's flight crews.

(d) Exhibition. Exhibiting the aircraft's flight capabilities, performance, or
unusual characteristics at air shows, motion picture, television, and similar
productions, and the maintenance of exhibition flight proficiency, including
(for persons exhibiting aircraft) flying to and from such air shows and
productions.

(e) Air racing. Participating in air races, including (for such participants)
practicing for such air races and flying to and from racing events.

(f) Market surveys. Use of aircraft for purposes of conducting market surveys,
sales demonstrations, and customer crew training only as provided in § 21.195.

(g) Operating amateur built aircraft. Operating an aircraft the major portion of
which has been fabricated and assembled by persons who undertook the
construction project solely for their own education or recreation.

(h) Operating kit-built aircraft. Operating a primary category aircraft that
meets the criteria of § 21.24(a)(1) that was assembled by a person from a kit
manufactured by the holder of a production certificate for that kit, without the
supervision and quality control of the production certificate holder under §
21.184(a).

(i) Operating light-sport aircraft. Operating a light-sport aircraft that-
(1) Has not been issued a U.S. or foreign airworthiness certificate and does
not meet the provisions of §103.1 of this chapter. An experimental certificate
will not be issued under this paragraph for these aircraft after August 31,
2007;
(2) Has been assembled-
(i) From an aircraft kit for which the applicant can provide the information
required by §21.193 (e); and
(ii) In accordance with manufacturer's assembly instructions that meet an
applicable consensus standard; or
(3) Has been previously issued a special airworthiness certificate in the
light-sport category under §21.190.

I also wonder when a plane is amateur-built. I assume it's the case if
someone without special knowledge builts a plane by itself. What about
if he does that commercially (building planes and selling them)? Or
what about if a aircraft construction engineer builds a plane? He
probably can't be considered as amateur?

Correct, and the plane can't be registered as Experimental Amateur-Built.

The FAA's *policy* may be to deny permission for these
aircraft to operate commercially, but such policies can be waived. You just
have to give the FAA a good reason why the waiver is a good idea.

So in the end that means it's basically not allowed to use them
commercially, but this can be overcome by a waiver.

Pretty much. Note, though, that it's up to the FAA discretion. Unless a formal
policy letter has been published (like for homebuilts), the limitations imposed
on Special airworthiness category aircraft is set by the individual FAA
inspector. If he doesn't want to risk his career....

So basically if You maintain Your plane according to the manufacturer
standards and if You have a valid reason chances are good that You can
get a waiver to allow commercial operation.

As mentioned above, though, you are not *guaranteed* a waiver. If the FDSO guy
is having a bad morning, you may find yourself denied. Often, some FSDOs are
more lenient that others...folks may actually apply to FSDOs outside their own
districts.

Finally, it should be noted that many of the Experimental airworthiness
certificates are only good for a single year. At the end of the year, you have
to re-apply for it, and if you get a different inspector, your new operating
limitations may be much more strict. Experimental Amateur-Built airworthiness
certificates are at least permanent.

Ron Wanttaja