Operating Limitations and Phase 1 Question

[alarmedmutant]

Hello 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

[GraemeSmith]

Dig through the OL's a bit more - I think you will find that if you want to ADD Acro Maneuvers - you have to put the plane back into Phase 1 while you do.

[Scott Todd]

I haven't read the regs in a LONG time but I think the 40 hours is still a recommendation. The DAR can modify this. My Kitfox had a 10 hour Phase 1 (They generally don't do this anymore). I asked the DAR about this (20+ years ago) and he explained it. He basically said it was a very well built, stock Kitfox with a stock Rotax 912. They had a good history and he didn't see any need for me to fly circles for any longer than that.

I've heard DAR put people back in Phase1 for 5-10 hours on old airplanes for things like prop, engine, or other major changes. You could probably file a written request to your local FSDO to let you go back in for 5 hours to verify all the speeds and make the proper entry. The big thing these days is they like the speeds, weight, and CG in the logbook. You could also add any aerobatic you want to do.

Newer OL's cover most of this kind of stuff. Reaching out to the FSDO or a local DAR is the first step. It won't be that bad and you should do it properly.

[Sonex1517]

My understanding is you just do a logbook entry to put the airplane back in Phase One, fly the maneuvers, then sign it off as complete and it is back in normal phase two operations.

EAA pointed out to me when I swapped engine and prop that you are not requesting the change, you are informing the FSDO what you are doing. Not a request.

I am quite likely wrong.

[alarmedmutant]

Dig through the OL's a bit more - I think you will find that if you want to ADD Acro Maneuvers - you have to put the plane back into Phase 1 while you do.

You could probably file a written request to your local FSDO to let you go back in for 5 hours to verify all the speeds and make the proper entry. The big thing these days is they like the speeds, weight, and CG in the logbook. You could also add any aerobatic you want to do.

Newer OL's cover most of this kind of stuff. Reaching out to the FSDO or a local DAR is the first step. It won't be that bad and you should do it properly.

I reread the OLs, and I see what you are saying about putting it back in testing. I will probably do this. I will need to find the speeds anyhow, since there is no POH.
Am I required to have a POH? I feel that is a dumb question, but I need to ask.

Thank you all for the input.

[lakespookie]

The POH is part of the AAROW docs not sure if that means its needed in an experimental in the testing phase, You should be able to get a basic POH from sonex its available in the webstore but you will need to fill in the blanks which is the intent behind going back into phase 1, Technically when you get the Phase 1 approval it has limitations which cover the operating limitiaions section of AAROW so I feel like as long as you get the FSDO to move you into phase 1 to validate the info then you will be legal but i am not a lawyer or FAA representative so i would say talk to the FSDO when you ask about the move back into phase 1

[Area 51%]

[quote="lakespookie"]The POH is part of the AAROW

So what does the second A stand for?

Back in my flight school days it was ARROW. The second R not needed anymore unless you fly out of the country.

[lakespookie]

I cant type lol the second A is a typo should be an R and you are right legally in the US we do not need a radio license

[GraemeSmith]

A - Airworthiness Certificate (actually SPECIAL Airworthiness Certificate)
R - Registration Certificate
R - Radio Station License for aircraft - not required in the US if you are staying in the US. If you are flying abroad (say Canada) then technically you DO need this document.
O - Operating Limitations - Now often printed together with the Airworthiness Certificate
(O) - Traditionally the "Owners Manual" now called an Airplane Flight Manual (AFM) and specific to each individual aircraft in later years. You should actually have SOMETHING from the builder with SOME numbers in it. Sonex provide this template document. If you are having to redevelop a Flight Manual (which is where you might record your Aerobatic entry speeds) - you can get this template from Sonex

https://www.sonexaircraft.com/eshop/car ... ght+manual

W - Weight and Balance

So maybe our mnemonic is now:

AR(R)OOW !!

[radfordc]

No...it is ARROW

ARROW stands for Airworthiness Certificate, Radio Station License, Registration Certificate, Operating Limitations, Weight and Balance (documents required to be in an aircraft by the FAA)

Whether you consider the POH an important document or not it is not required by the FAA to be "legal".