Hello again. Just let me start off by saying that you guys are great and this is a great forum!:ban: Really no wise guys or drama to really speak of. A breath of fresh air in todays social media.
That being said, what exactly is the 51% rule or rather how does it work. I think I know but I wanna get clarification. Lemme try this, You can do your own inspections and work on your own airplane IF YOU built it but if you buy it already built and YOU DIDNT BUILD it you cant unless you take a course? How'd I do? Thanks again!
You're mixing two different kinds of aircraft certification.
Let's start with the traditional "homebuilt" category, Special airworthiness under the Experimental Amateur-Built (EAB) category. To qualify as an EAB, the majority of the construction has to be performed for education or recreation. This "majority" is deemed by the FAA as "51%". Their interpretation of "majority of the construction" has softened over the years; the FAA now deems that 51% of the TASKS (not building hours) must have been performed for recreation or education. Instead of having to build over half the ribs, for instance, building ribs is considered a "task" and all you might have do to is built one.
The makers of aircraft kits have the FAA assess their product to verify that it qualifies under the "51% Rule." If so, the Designated Airworthiness Representative (DAR) doesn't have to assess the basic kit to determine whether it qualifies. Being on the FAA's list is NOT required, especially for plans-built designs for which kits aren't available. Being on the 51% list isn't an automatic pass; if the "builder" hired someone to build portions or the entirety of the aircraft, this may cause the DAR to reject it. Some aspects, such as avionics, do not affect the amateur-built assessment.
The builder of an EAB aircraft is not governed by the plans or kit instructions. He or she may perform any modifications they wish. Practically speaking, there are no limitations on the aircraft equipment or performance.
When the plane is completed, anyone can perform maintenance on it or modify it as they desire. However, once a year, the plane must undergo an inspection to verify that the plane is in a safe condition for flight. This is not, technically, an "annual inspection" though most of us tend to use that term (an official "annual inspection" verifies that the aircraft complies with its Type Certificate, and EAB aircraft don't have one). The inspection can be performed by a licensed A&P mechanic (an IA is not required) or the holder for the Repairman Certificate for that specific aircraft. The "Majority Builder" of the aircraft can apply for the Repairman Certificate. Only one is issued to each EAB aircraft, and it is not transferable.
Let's contrast this to another Special Airworthiness category, Experimental Light Sport Aircraft (ELSA). There is no 51% rule for ELSA...the manufacturer can sell kits in any level of completion, even completely built. However, prior to selling the kit, the manufacturer must take the design through a complete certification in the Special Light Sport Aircraft (SLSA) category. This process uses a consensus standard developed by the industry itself rather than the ordinary FAA certification regulations. Once the aircraft has passed the requirements of the consensus standard, it can be sold either as ready-to-fly (Special Light Sport Aircraft) or as an ELSA with any degree of builder completion required. ELSA/SLSA aircraft must comply with the FAA's "Light Sport Aircraft" definition in 14CFR Part 1, which limits the weight, capability, and performance of the aircraft.
The builder of an ELSA kit *must* strictly comply with the building instructions provided by the kit maker. He or she cannot deviate...if the instructions say, "Install an O-200A engine" the builder cannot use an O-200C engine instead. Similarly, the builder cannot just install whatever radios and other equipment that they want.
When completed, a DAR examines the aircraft to verify that it was build in accordance to the manufacturer instructions and configuration. But once the DAR has granted the aircraft its ELSA airworthiness certificate, the controls are off...the owner can immediately replace that O-200A with an O-200C, if they desire. However, the aircraft must still meet the 14CFR Part 1 Light Sport definition...the gross weight is still limited, the stall speed cannot exceed the requirements, etc.
Like the EAB aircraft, anyone can maintain or modify an ELSA. However, the FAA does NOT issue Repairman Certificate for the individual aircraft. Anyone can take a course for Repairman Certificate Light Sport Inspector. This is a short (16 hour) course that covers what it necessary to verify the safe condition of an Experimental Light Sport Aircraft. Once a person has successfully completed the course, he or she may perform the annual Condition Inspection for any ELSA *that they own*.
Another Repairman Certificate is available...Light Sport Maintenance. This is a longer course (~200 hours, IIRC) that, when completed, allows the certificate holder to perform the annual Condition Inspection for any Experimental Light Sport and Special Light Sport Aircraft, regardless of ownership. This is the equivalent of the A&P/IA license, but is only applicable to the Light Sport world.
So to summarize:
Experimental Amateur-Built. More freedom during construction, aircraft can be much more capable, but more builder work generally required. Only the original builder usually qualifies for the Repairman Certificate. Otherwise an A&P mechanic is required for the annual Condition Inspection. Anyone can perform maintenance or upgrades to the aircraft.
Experimental Light Sport: No freedom during construction, aircraft have limited performance. An owner can take a 16-hour course that will permit him or her to perform the Condition Inspection. Otherwise, an A&P mechanic or a person with a Repairman Certificate - Light Sport Maintenance is required. Anyone can perform maintenance or upgrades to the aircraft.
Ron Wanttaja
