..
Jim, please help me be sure I understand this:

The way I read the text of 43.1, it states that part 43 does or does
not apply to a certain aircraft depending on the type of airworthiness
certificate issued for _that particular aircraft_.

But the way you are describing your interpretation, you seem to be
saying that 43.1 says that part 43 applies or does not apply to _all
aircraft of a particular type_ depending on whether or not the
manufacturer has obtained type certification for that aircraft type.
Do I understand your interpretation correctly?



Thanks, Bob K.


Bob - I left out the word "previously" when I copied 43.1 - but it
doesn't really change anything, it still means the same. Let's read it
again:

43.1applicability reads "This part does not apply to any aircraft for
which the FAA has issued an experimental certificate, unless (here's
the fun part) the FAA has PREVIOUSLY issued a different kind of
certificate for THAT aircraft [Amend #39, eff. 01 SEP 2004].

If your glider was a U.S. TC'd model with a US standard or "other
special airworthiness certificate" issued and you somehow got an
special airworthiness - experimental certificate for it later, well
then part 43 does apply to you... that is - a U.S. Standard
Airworthiness Certificate (I should have been more clear in my earlier
message).

Now, the other important word I re-typed in all caps is the word THAT.
In this instance the rule means THAT aircraft right there - not that
make, model or series aircraft. This is how the rule actually works.
We've actually had applicants in my FSDO apply for an experimental
certificate for their very modified Cessna 180 for the purpose of
exhibition and racing. If I recall correctly, we sent them over to the
MIDO and they got an experimental for R&D instead, but I may be
thinking of a different deal involving a PA-12, in any case, part 43
still applied to THAT airplane - not all PA-12's or C-180's.

Some gliders are TC'd in other countries, but not in the US (pre-1993
moratorium issue here) but the 43.1 rule does not apply in this case,
because it does not have, nor ever had - a US Airworthiness
Certificate of any kind (there are a few kinds actually). So the
Nimbus can be experimental and part 43 does not apply (unless the Ops
Limitations specifically make it apply - that's yet another story).

A couple of other examples: The PW-5 first came over as experimental,
part 43 does not apply to THOSE original experimental PW-5s because
they were born in Poland, exported to the US and never had a US
airworthiness certificate. Later, PZL obtained US type certification
for the PW-5 and they had standard US airworthiness certs issued to
them and voila part 43 now applies to just those TC'd serial numbers
that came in after the TC was issued.

I believe the 304 was the same thing, originally they all came in
experimental. Then they got a TC for the the 304, and if you bought a
new 304 that was eligible for type certification in the US, you get a
standard airworthiness for it, and part 43 would apply. Or maybe you
want to get an experimental for it, if you can get an experimental
certificate for a foreign built glider after a US TC has been issued -
more power to ya. But I would be surprised if you did.

Now, if you somehow talked an FAA inspector into giving you an
experimental for YOUR TC'd and PREVIOUSLY standard airworthiness 304,
then part 43 would still apply to your glider **that had a previously
issued standard airworthiness**. The only reason someone would get an
experimental for a previouslt standard glider would be to get out of
the annual inspection by and IA requirement, but 43 still applies in
that case, so no joy.

So, your understanding of the rule is correct - we're just boring the
hell out of RAS with this academic discussion is all. This really is
academic because I've personally never seen this applied in the case
of a glider; I believe the rule exists only to keep the aircraft that
are temporarily in experimental R&D or Exp. Show Compliance under part
43 while they fly off the test flight requirements.

I'm not allowed to interpret the rules, so it's only my view, if you
want a real interpretation, you have to ask the professionals in DC,
you can find the link to ask FAA legal a question like this on www.faa.gov.
You can also read the FAA Order 8130.2, I think rev. G is now current
- but it's damned boring reading;-) and like I said before - it's
never really been an issue for any glider I've ever known, just those
crazy power pilots!!

Sorry if I mislead you earlier,

Jim