by Sonerai13 » Mon Aug 02, 2021 10:18 am
Interesting situation. Brian is correct in that the original builder's log entry completing phase one does not meet the requirements of the operating limitations issued to your aircraft. Thus, the aircraft is technically still in phase one. That being the case, it should not be flown outside it's assigned flight-test area, nor should it carry any passengers.
Brian's suggestion that you get the original builder to make a correct log entry would be best, since that person did the flight testing. I'd suggest he make note of the fact that his previous entry, dated xx/xx/xx is incomplete and the new entry supersedes the original one. If that turns out to be impossible, then you should get your FSDO to issue a new flight test area so that you can legally complete the phase one yourself and make the appropriate entry.
Another option would be to have the FSDO (or a DAR) do a complete recurrent certification so that you get the most up-to-date operating limitations. This would give you a slightly different sign-off for the phase 1, and would also allow you to use the additional pilot program during your completion of the phase one if you so choose. Of course, since the aircraft already has more than the 40 hours on it, you wouldn't have to fly an additional 40 hours in order to complete the testing. But you should get a proper flight-test area assigned if you end up having to sign it off yourself.
ON the subject of POH, there is no regulatory requirement for a POH or operating handbook for an experimental aircraft. It's not a bad idea to have one, but it is not legally required. AROW does apply, but it is covered by the airworthiness certificate and operating limitations issued by the FAA, along with your registration certificate and a current weight and balance report. No other documents are legally required. (AROW is correct in the USA and Canada, as no radio station license is required anymore. Some other foreign countries still require one though.)
Joe Norris
Sonex N208GD (S/N 450)
Sonerai II N13NN (S/N 1206)
Fortes Fortuna Adiuvat