If there is nothing to disallow a manufacturer from doing this, why do you guys even need specific authorization from the FAA?
Did someone say trust, but verify?
I know that the guy that normally does my static, alt, xponder check is very meticulous in checking the tags on my transponder. If he notices that the rev. has changed, most likely he is going to want to see the paperwork trail on who and how it was updated. How are Dynon customers going to respond to a request like that?
Put a note in your logbook, just like you did when you first installed it, like you do every time you update the software in your EFIS, and like you do when you remove a Brand X transponder, mail it to them to be updated, have it mailed back, and then re-install it. You didn't use a certified install shop to install your Transponder the first time, and you don't use a certified shop to remove and install it when you get it updated.
A lot of certified stuff is updated by you taking it out of the plane, mailing it to a shop, having them mail it back to you, and you re-install it. The FAA is smart enough to know that if they allow that, allowing you to press a single button in the plane that updates the transponder is probably acceptable. The update method is certified, so the FAA trusts that the transponder is either running fully verified, certified code, or it will fail to operate at all.
Transponders are one of a few devices that most will agree are required to be TSO'd even when used in experimentals. How can a typical experimental end user verify that the transponder still meets the original performance specifications of a particular TSO after he/she flashes the firmware? Will a full xponder check be required by an authorized repair station? Every time I have put a new transponder in my airplane, I have had to have this done so what makes this different?
FAR ? 91.413
ATC transponder tests and inspections.
(b) Following any installation or maintenance on an ATC transponder where data correspondence error could be introduced, the integrated system has been tested, inspected, and found to comply with paragraph (c), appendix E, of part 43 of this chapter.
The above FAR is the one which requires re-certifcation when transponders are worked on. There is not universal agreement on what can cause a "data correspondence error" and thus some people read this as any removal and replacement of the transponder requires re-cert. This is somewhat reasonable in the days of gray code, where the transponder has no way to know that one of the pins is bent and line B3 is now totally disconnected. However, with modern transponders, all communication is over a digital bus that is fully error checked, so it's not really possible to send an altitude to the transponder that gets corrupted, so you can reasonably argue that just unplugging and re-plugging a transponder on a digital bus isn't an issue.
In this case, the transponder was not removed from the aircraft, so there is no place where a data correspondence error could be introduced. The new software is TSO'd just like the old, and is fully self verified that it loaded correctly. The certification authorities agree that the software will not execute unless it is the TSO'd software, down to every last bit. Thus the software is certified to not act differently, and thus there is no way there could be a data correspondence error.
We have discussed our system with the FAA and their opinion is that our method is fine with them. It's your airplane though, ultimately, and you can go beyond what is required by having your transponder re-tested, if you want, but we stand by the work we did to make sure that no such additional testing is required.
If you want to mail the transponder to us to be updated, we would be happy to do that for you so that you can have a paper trail. Note that we are not a certified shop, if that's what you're after. We can offer a certified shop to update the transponder if you want, but this will require payment.
Finally, we also don't want to at all imply that the update method that we've implemented here means that you can now update other certified products in-situ. It doesn't. Update methods for any certified product is prescribed by the manufacturer of a given product, after being worked out and approved with the certifying authority.
--Ian Jordan and Michael Schofield
Dynon Avionics