Operating Limitations and Phase 1 Question
Posted: Thu Jul 29, 2021 2:32 pmHello everyone,
I have owned my A-model for about two months. The airplane build was finished in October 2004, and finished phase 1 in March 2005. I suspect the logbook entry completing phase 1 is not correct and need advice on what I should do. I talked to a well-respected aircraft builder and A&P/IA – Brian Carpenter of Rainbow Aviation, AMT of the year 2017 – and he is the person that said the endorsement completing Phase 1 is not correct. He said I should contact the builder and previous owner and get him to sign the endorsements as they are written in the operating limitations.
So…I wanted to get some more feedback on what steps I should take. I took a class on light-sport maintenance from the A&P I mentioned above, and asked him about the logbooks during our class – it would be difficult to get a hold of him now. I am hoping to get advice since some have most likely crossed this kind of situation before. Below is the legalese.
Here is the statement from the builder indicating the completion of Phase 1:
"3-3-2005 I have flown this aircraft the required 40 hours within the assigned test area and found the aircraft to be controllable in all maneuvers aerobatic and utility as listed in the P.O.H. Ballast was flown to test gross weight and C.G. Limits" -Signed by the builder
Unfortunately, I do not have a POH for the airplane. I do not know if a POH was ever created. (Stupid questions in 3, 2, 1…) Do I need a POH? Can I make my own POH? Onto the statements per the operating limitations:
The following is copied from the original operating limitations issued with the airworthiness certificate:
“Compliance with 91.319(b) shall be recorded in the aircraft records with the following or similarly worded statement: I certify that the prescribed flight test hours have been completed and the aircraft is controllable throughout its normal range of speeds and throughout all maneuvers to be executed, has no hazardous operating characteristcs or design features, and is safe for operation. The following aircraft operating data has been demonstrated during the flight testing: Speeds Vso _________, Vx _________, Vy _________, and the weight __________ and CG location __________ at which they were obtained."
…and the statement regarding aerobatics:
"This aircraft may conduct aerobatic flight in accordance with the provisions of 91.303. Aerobatics must not be attempted until sufficient flight experience has been gained to establish that the aircraft is satisfactorily controllable and in compliance with 91.319(b). The aircraft may only conduct those aerobatic flight maneuvers that have been satisfactorily accomplished during flight testing and recorded in the aircraft maintenance records by the use of the following, or a similarly worded, statement: I certify that the following aerobatic maneuvers have been test flown and that the aircraft is controllable throughout the maneuvers normal range of speeds, and is safe for operation. The flight-tested aerobatic maneuvers are _________"
During the flight testing, the only aerobatic maneuvers logged were rolls, aileron rolls, steep lazy eights, and loops. No spins or hammerheads were recorded during the 40 hours of phase 1, but they are listed later in the logbooks in the recorded flights.
As I said above, the A&P/IA said that per the logbooks and operating limitations my aircraft is still in phase 1. Do you guys agree? Most importantly, what should I do about it? The statement above which was written by the builder references aerobatics per the POH. Can I write my own POH and list whatever aerobatic maneuvers I desire? Is doing so is legal and also smart? Is my aircraft legal to leave the assigned test area? Can I write the statements in the logbook myself and sign them off the day that I bought the airplane, which was the day it left the test area when I was PIC?
I called the builder roughly one month ago about signing the two endorsements. He is close to 90-years-old and still pretty sharp, and he indicated he knew what I was referencing, but seemed to want to blow me off. I emailed him a week ago, and he did not respond. I want to get everything straight before I reach out to him again.
I am so new to owning an airplane, let alone an experimental, that I sometimes do not know what questions I should be asking. I appreciate everyone’s help and input.
Sincerely,
-Alarmed
I have owned my A-model for about two months. The airplane build was finished in October 2004, and finished phase 1 in March 2005. I suspect the logbook entry completing phase 1 is not correct and need advice on what I should do. I talked to a well-respected aircraft builder and A&P/IA – Brian Carpenter of Rainbow Aviation, AMT of the year 2017 – and he is the person that said the endorsement completing Phase 1 is not correct. He said I should contact the builder and previous owner and get him to sign the endorsements as they are written in the operating limitations.
So…I wanted to get some more feedback on what steps I should take. I took a class on light-sport maintenance from the A&P I mentioned above, and asked him about the logbooks during our class – it would be difficult to get a hold of him now. I am hoping to get advice since some have most likely crossed this kind of situation before. Below is the legalese.
Here is the statement from the builder indicating the completion of Phase 1:
"3-3-2005 I have flown this aircraft the required 40 hours within the assigned test area and found the aircraft to be controllable in all maneuvers aerobatic and utility as listed in the P.O.H. Ballast was flown to test gross weight and C.G. Limits" -Signed by the builder
Unfortunately, I do not have a POH for the airplane. I do not know if a POH was ever created. (Stupid questions in 3, 2, 1…) Do I need a POH? Can I make my own POH? Onto the statements per the operating limitations:
The following is copied from the original operating limitations issued with the airworthiness certificate:
“Compliance with 91.319(b) shall be recorded in the aircraft records with the following or similarly worded statement: I certify that the prescribed flight test hours have been completed and the aircraft is controllable throughout its normal range of speeds and throughout all maneuvers to be executed, has no hazardous operating characteristcs or design features, and is safe for operation. The following aircraft operating data has been demonstrated during the flight testing: Speeds Vso _________, Vx _________, Vy _________, and the weight __________ and CG location __________ at which they were obtained."
…and the statement regarding aerobatics:
"This aircraft may conduct aerobatic flight in accordance with the provisions of 91.303. Aerobatics must not be attempted until sufficient flight experience has been gained to establish that the aircraft is satisfactorily controllable and in compliance with 91.319(b). The aircraft may only conduct those aerobatic flight maneuvers that have been satisfactorily accomplished during flight testing and recorded in the aircraft maintenance records by the use of the following, or a similarly worded, statement: I certify that the following aerobatic maneuvers have been test flown and that the aircraft is controllable throughout the maneuvers normal range of speeds, and is safe for operation. The flight-tested aerobatic maneuvers are _________"
During the flight testing, the only aerobatic maneuvers logged were rolls, aileron rolls, steep lazy eights, and loops. No spins or hammerheads were recorded during the 40 hours of phase 1, but they are listed later in the logbooks in the recorded flights.
As I said above, the A&P/IA said that per the logbooks and operating limitations my aircraft is still in phase 1. Do you guys agree? Most importantly, what should I do about it? The statement above which was written by the builder references aerobatics per the POH. Can I write my own POH and list whatever aerobatic maneuvers I desire? Is doing so is legal and also smart? Is my aircraft legal to leave the assigned test area? Can I write the statements in the logbook myself and sign them off the day that I bought the airplane, which was the day it left the test area when I was PIC?
I called the builder roughly one month ago about signing the two endorsements. He is close to 90-years-old and still pretty sharp, and he indicated he knew what I was referencing, but seemed to want to blow me off. I emailed him a week ago, and he did not respond. I want to get everything straight before I reach out to him again.
I am so new to owning an airplane, let alone an experimental, that I sometimes do not know what questions I should be asking. I appreciate everyone’s help and input.
Sincerely,
-Alarmed