Peter Dohm wrote:

Just because I intend to build it myself does not mean that it is
required by anything other than personal pride ... and bull-
headedness.
Obviously, opinions vary and the issue is not likely to be fully
resolved in any of our lifetimes.

The 51% rule isn't really what's in question here. It's the "education and
entertainment" clause of the rule. While I agree that too is clear as mud it
wouldn't take the FAA long to notify it DARs and FSDO to just stop issuing
AW certs to someone.

No fine needed. Somebody invests $100K in a plane they think is they are
going to sell as soon as they finish.

I have a friend that bought an RV-8 from a "professional builder." The Hobbs
and log showed a little over 40 hours and that it was out of phase 1
testing. On the way home from Chicago the engine died in flight. My friend
landed the aircraft in a field with no damage.

He had an A&P from the local airport come out and look at it and after
various items made the A&P believe that the plane had less than 10 hours on
it. A look through the memory of the EIS supported this. My friend had his
lawyer call the builder and explain that the check had had a stop pay put on
it and that the plane was at and airport in Missouri and that if my friend
ever heard from him again that the FAA would be notified of the issues. He
never heard from the builder again.