Airworthiness and Insurance

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From: <ReganRanch [at] aol.com>
Subject: Airworthiness and Insurance
Date: Fri, 20 Nov 1998 14:43:47 EST
To: <lancair.list [at] olsusa.com>

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A lot of pilots that I have talked to were unaware that the builders freedom

to experiment on the airplane that they are building is sharply curtailed once

the Airworthiness Certificate is issued. This is because the Airworthiness

Certificates validity is predicated on the fact that no "Major Alterations"

have been performed since the issuance of the Airworthiness Certificate.

Examples of major alterations are given in Appendix A to part 43 of the FARs.

Many of the major alterations listed seem minor, like changing the prop

governor or the blade design.



As it turns out the big gotchya here isn't the FAA, it is your insurance

company. In a recent case a fellow had modified the fuel system on his

airplane, didn't like it and changed it back (he said). He then crashed the

plane into someone else's property. His insurance refused to cover the

liability because his Airworthiness Certificate was invalid due to his

experimenting with the fuel system and inadequately documenting its return to

original condition. He sued the carrier and lost. He appealed all the way to

the state supreme court and lost. Ouch.



The solution is simple and relatively easy. Prior to making any major

modifications, ask your local FAA office what steps are required to maintain

the validity of the Airworthiness Certificate. You may need to do nothing, or

make a logbook entry or fly for a few hours in your test area. Any of which is

preferable to the down side of loosing your house, car, fortune and plane.



Remember, once the Airworthiness Certificate is issued you need to transform

from the mad scientist aircraft experimenter to the law abiding aircraft

captain.



Regards

Brent Regan