Whose airplane is it anyway?

I have just been informed by the designer of the aircraft that I am
building that there is a possibility that he may not allow me to use an
alternative engine. Granted that weight and balance, as well as power
requirements must reasonably lie within allowable ranges, what is the
roll of the kit or plans manufacturer in the final homebuilt aircraft?
Will the FAA award him the power to veto my airworthiness certificate?

"Ernest Christley" wrote in message
...

I have just been informed by the designer of the aircraft that I am
building that there is a possibility that he may not allow me to use an
alternative engine. Granted that weight and balance, as well as power
requirements must reasonably lie within allowable ranges, what is the roll
of the kit or plans manufacturer in the final homebuilt aircraft? Will the
FAA award him the power to veto my airworthiness certificate?

No way he can do anything other than stop supporting you, in any way.

Do you have all of your parts from him? Do you think there is anything that
you will absolutely need to ask him, from here on out, that you can not
complete the airplane without his answers?

If your answers are yes and no, then don't worry about it. All his plans
are is a suggested way to build an airplane. How you build it and what
modifications you make are entirely up to you.

It figures he would pull that crap. I always thought he was a primadonna.
--
Jim in NC

Morgans wrote:
"Ernest Christley" wrote in message
...
I have just been informed by the designer of the aircraft that I am
building that there is a possibility that he may not allow me to use an
alternative engine. Granted that weight and balance, as well as power
requirements must reasonably lie within allowable ranges, what is the roll
of the kit or plans manufacturer in the final homebuilt aircraft? Will the
FAA award him the power to veto my airworthiness certificate?

No way he can do anything other than stop supporting you, in any way.

Do you have all of your parts from him? Do you think there is anything that
you will absolutely need to ask him, from here on out, that you can not
complete the airplane without his answers?

If your answers are yes and no, then don't worry about it. All his plans
are is a suggested way to build an airplane. How you build it and what
modifications you make are entirely up to you.

It figures he would pull that crap. I always thought he was a primadonna.

He never supplied parts, and getting him to answer a technical question
has always been like pulling an eye-tooth.

Follow the plans...but the part isn't made anymore...stick to the
plans...but the measurements contradict...just stick to the plans...

I'm going to call the Greensboro FSDO tomorrow and I've sent an email to
the EAA Headquarters. The idea that I can be cut off after 5years of
building really sticks in my craw. Even the insinuation is unbearable.

"Ernest Christley" wrote


I'm going to call the Greensboro FSDO tomorrow and I've sent an email to
the EAA Headquarters. The idea that I can be cut off after 5years of
building really sticks in my craw. Even the insinuation is unbearable.

I'm sure you need to hear it straight from the horse's mouth, so to speak,
so of course, check with those two organizations.

Rest easy tonight, and until you get your answers, that there are no
problems. Carry on, making your airplane, (making your own decisions-so it
sounds) with the knowledge that all is well.
--
Jim in NC

What are you building?

Isn't this the same problem that the sonex builder
had putting in the corvair engine?
His is flying.
Lou

"john smith" wrote in message
...
What are you building?

It isn't me, building. It is Mr. Christley, and he is building a Dyke
Delta.

Here is a hope page of one of the Dyke Delta's builders.

www.eaa27.org/projects/maher/index.html
--
Jim in NC

As I recall the little metal tag that FAA wants visible on the aircraft has
a space for the A/C MFR. That is where you put your name. You are the Mfr.
and therefore entitled to do the condition inspections and all modifications
consistant with your airworthiness cert. I didn't find any approval blank
for Canadian Home Rotors when I made modifications to my helicopter. They
did ask me not to call it a Safari if I was making un-approved mods.

Stuart Fields
Experimental Helo magazine
P. O. Box 1585
Inyokern, CA 93527
(760) 377-4478 ph
(760) 408-9747 publication cell
"Ernest Christley" wrote in message
...

I have just been informed by the designer of the aircraft that I am
building that there is a possibility that he may not allow me to use an
alternative engine. Granted that weight and balance, as well as power
requirements must reasonably lie within allowable ranges, what is the roll
of the kit or plans manufacturer in the final homebuilt aircraft? Will the
FAA award him the power to veto my airworthiness certificate?

If you build his designed airplane without buying his plans, he has a claim
against you for copyright infringement. That would be his claim against
you. Once he sells you the plans, you can build an airplane. If you do
something that is contrary to his plans, he can refuse to support you - but
he has no other claim.

You are building an experimental aircraft. Experimental aircraft are
experimental.

In fact, if he communicates to the FAA that your airplane is unsafe because
it does not use the engine he has specified and the FAA acts upon that to
deny you an experimental license, you would have a legal claim against him.

Colin

Right on.

The manufacturer is Ernest Christley and the proper engine is the one he
specifies. Just before his first flight, he has to look in the engine
compartment and confirm that he has the correct engine.

Colin