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"Russell Duffy" wrote in message
.. .
I even asked AOPA this exact question about this a week or so ago,
and their opinion was that the plane would have to be truly incapable of
exceeding the speed limit, rather than just an RPM limitation.

Rusty........

The way the rule is worded, "Maximum speed in level flight with maximum
continuous power (Vh)-138 mph (120 knots)" doesn't seem to indicate that
"the plane would have to be truly incapable of exceeding the speed limit".

I think the question is, who determines "maximum continuous power",
especially if the engine has no data plate?

Rich S.