Safety First
You probably don't on the 38th - unless you didn't start flying until the 30th. But that's not the point. My objection is to First flights.
You are clearly proud of, and attached to your machine Don. So you find an experienced pilot to go along with you because you don't have the experience required (this is a hypothetical "you" - could be anyone). At 400' on the first takeoff, that trivial piece of glop that got missed in the fuel system finds its way into the carb inlet and blocks it, stopping the engine dead.
The experienced pilot says "we're going straight ahead, into those mesquite trees. The airplane will suffer, but we'll live."
You, the proud owner in the left seat, goes "Nooooo!!!!!". And what might result?
Forty hours is really not enough time to truly find all the corners of an airplanes envelope and build good performance data. But it is well more than enough time to prove that an RV (they're everywhere) built to plans is safe enough to bring along an experienced. transition pilot. Where is the dividing line? Not in hours - it is in specific test results.
But testing is testing, and the emotions of "I built it, I'm going to be in it" just shouldn't come in to play. And I know I am never going to change the minds of those who have theirs made up otherwise. The message isn't for them - its for those still learning.
Paul (in my opinion) is oh, so right! Been there, done that for a lot of what he just mentioned.
Now on this matter overall, there have been individuals working on this for some time now (one even spoke up early on in this thread) and from what I understand there is a strong effort to base decisions on data. Data that if properly acted upon will result in greater safety.
The first "X" hours of flight for a new plane can be statistically shown to be the most dangerous. Sort of like "infant mortality" in electronics. Make it past that time period and you are likely have a "good one".
And the first flight is the one with the MOST unknowns. So .. for THAT flight, the person at the controls really should be ready and prepared to face them. That person may be someone you get to do it for you or if you want to be there but don't have the skills, yet, then hopefully you will take the time and effort to GET the skills. SO that you can be ready for that unique experience with your creation.
Most of the time, all is going to be just fine. But there will be times where a series of decisions will have to be made by the PIC and at that time I know that if it is me who has the skills and experience to be that PIC, I do NOT want to have to worry about the well-being of one of my friends sitting in a seat next to me. My plate will be FULL. And yes, your mileage with your friends may vary.
Once a plane is "wrung out" and once "my friend" has received all appropriate Transition Training, THEN there may be an opportunity for "knowledge transfer" in the area of:
a) Advanced Flight Systems (EFIS, Autopilot, etc)
b) Unique handling of the particular aircraft
c) Logical flight protocols based on the experience gained in type.
Finally, this effort is a case where EAA and some of its members along with the FAA and some of its members are really trying to sort through some complicated matters. Lots of dialog. But in the end, you can bet there will be a slant towards safety and that might not result in the exact outcome that some wish for.
Safety first.
James