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Who decides the allowable MTOW for an EAB or LSA?

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Vigilant1

Well-Known Member
Supporting Member
Joined
Jan 24, 2011
Messages
10,647
Location
US
I've noticed that some builders of kit or plans-built designs have modified the allowable MTOW recommended by the original designed. For example, builders of Sonexes utilizing Corvair engines (and which are no longer allowed to be called Sonexes, per John Monnett) have elected to go with max weights of 50-100 lbs more than the the 80 HP Sonex or even the 120 HP Jabiru.
Is this just a matter of satisfying the DAR that the wing spar will take the load in the applied-for Registration categories (e.g. aerobatic, utility, normal), that the CG is still within the designer's allowable range (with the appropriate modifications to the checklist/POH), and that the aircraft can climb safely (3.3% climb gradient?)?
I have the feeling a lot of planes are out and there occasionally flying a bit on the "heavy" side. If the plane is safe to carry that extra 50 lbs (say, because the engine is slightly larger and the weight is the same, etc) it would be best to get that approved when going through all the paperwork rather than just defaulting to the weight advertised in the plans.

Thanks for any input.
 
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