aadamson

Well Known Member
http://www.aerocompinc.com/government/8130.2ch1.pdf
(10) During the flight-testing phase, no person may be carried in this aircraft during flight unless that
person is essential to the purpose of the flight.

Ok, so educate me...

For some reason I thought that the following was *only* allowed.

a) test flight could only be done by a solo pilot (no passengers)

b) phase 1 flights are restricted to a solo pilot (no passengers)


If my wires aren't too far crossed, why do I see people talking about getting dual in their own airplane that is still in phase 1 flight testing and why do I also see people talk about taking a ride with the test pilot after the first flight to "get checked out".

I was wrong about purchasing an built experimental and doing your own maint. So am I wrong about this as well? Mind you, I did my original research over 10 years ago when I looked at building an airplane the first time, so maybe things changed?
 
I dunno. I think the rule was written to keep people from taking casual passengers before phase I is finished. It seems like a second set of eyes on the first flight (call him a "flight test engineer" if you'd like) is not nescessarily a bad idea, and is probably in keeping with the spirit of the law, if not the letter.

(and please don't everyone start in with military test flight protocols...they have recorders, chase planes, and telemetry out the whazoo being monitored by a team in the control room).

just my $.02
 
"crew member" on RV phase 1 flights

I asked my DAR in detail about this and he was emphatic that the Southern Region FAA would deal harshly with this violation of the FARs. This provision is intended for large complex aircraft, not RVs, he said.

Of course, people doing it get away with it until they get caught, which is unlikely at most locations. But in case of an accident, would your insurance pay,or refuse since you were 'knowingly violating FARs?'
 
My interpretation of this is that Vern is correct. The intent of the FAA rule is "essential crew only". The RV does not require two pilots. It is not a Learjet or Boeing 737. Legal or not, I think it is downright silly to take a second person especially on the very first flight. I have seen people do this and get away with it. One guy I know even took a 300 mile cross country during his phase one period. The RV has become so common and reliable that people have too much faith and confidence in them right out of the shop sometimes.
 
Vern & Mikey are correct. A passenger in an RV within the phase I flight testing is illegal. Yes, It is done. That doesn't make it legal and if there is an accident or incident, #1..insurance will not pay, and #2..it will add a black mark on the amateur-built community. This matter is discussed thoroughly every year at our annual refresher seminar for all DARs.
Mel...DAR
 
They are probably in violation ... Discussed in Archives

<On soap box> ...

People that do this are probably in violation from what I recall.

If they are not, then the person riding was "essential crew" and THEN it seems you would be in violation every time you flew WITHOUT the pilot in the seat.

So if you do it and get caught and play the "essential crew" card, if I were FAA, I would say fine .. then this aircraft CANNOT be flown solo and the person in the other seat MUST be a pilot.

Seems also both the spirit and letter of the law is being violated here and we will all suffer if the continues.

Finally, the insurance company clearly would have some grounds here for not paying in the event of an accident.

If someone does not feel comfortable flying their experimental plane solo during the first or other Phase I flying, the **LOGICAL** (and legal) thing to do is get a qualified (and insured) person to do those tests for them.

If one *must* do it themselves then the key is to do whatever to get the training so both the skill and confidence is there to act as a "test pilot" on those early flights.

Otherwise, again, we will all pay sooner or later ...

<Off soap box>

Having said all the above, I don't feel this is something that is prevalent.

James
 
aadamson said:
http://www.aerocompinc.com/government/8130.2ch1.pdf


Ok, so educate me...

For some reason I thought that the following was *only* allowed.

a) test flight could only be done by a solo pilot (no passengers)

b) phase 1 flights are restricted to a solo pilot (no passengers)


If my wires aren't too far crossed, why do I see people talking about getting dual in their own airplane that is still in phase 1 flight testing and why do I also see people talk about taking a ride with the test pilot after the first flight to "get checked out".

I was wrong about purchasing an built experimental and doing your own maint. So am I wrong about this as well? Mind you, I did my original research over 10 years ago when I looked at building an airplane the first time, so maybe things changed?

My understanding of the FAA's regulations is that passengers are prohibited during the test flight period. The same regulations prohibit training in your own aircraft during the test flight period. However, the RV community is not restricted to the United States where the FAA's regulations apply. Some other countries do not have the identical prohibitions; check to see the nationality of the folks who have an instructor or assistance during the flight test period.
 
mark manda said:
My Test pilot, ATP bobby baker was sitting right there next to FAA inspector Gene Sweet when Gene said, "If you need a second set of eyes to watch instruments and want him in the passenger seat, since you'll be busy flying the plane, I don't have a problem with this."

"If you pack up your wife and kids and go to Los Angeles, we'll be talking again."

For the other poster, yes, this was in the US, and I was aware that other countries have different rules.

To the point of this quote above, I find that disturbing and scary. I assume that the reference to "FAA inspector" is equivalent to DAR? If so, then a person that is authorized by the FAA is recommending that a law be broken?. While that isn't my major beef, I'm glad that others understand the rules as I do and that the above is not only promiting lawlessness, but also jepordizing other areas we enjoy as experimental builders and pilots, that being insurance costs, current operating limitation verbage, etc.

That last thing I'd want to see happen is that 2 people on a first flight get hurt, that that becomes the norm for first flight accidents, and the FAA decide to change the way we can operate for first flight and phase 1.

Also, one other note, I suspect I was wrong to word my 2 statements, as actually, the DAR would sign off on airworthiness and would autorize Phase 1 flight.... It just happens that "first flight" is just that the first flight during Phase 1, so there are not specific rules associated with it other than the ones associated with Phase 1.

Wow, scary stuff some participate in... both for them and for us.
 
I believe Mel...

Regardless of the Operational aspects of taking a passenger or not (and I come down on the side of "not"...), I agree with Mel, who did my own inspection, and very clearly stated what he said above - you will not win an argument with the FAA over this if they decide to violate you. I have no doubt at all that Mark was told differntly by an inspector, but I bet if you asked for that opinion in writing, you'd wait a VERY long time for the piece of paper....

I could tell a very long story about some extended range fuel tanks in Grummans that were approved by the FSDO's in California but not by the FSDO in Houston, and the guys in California getting notices from the Houston office saying their planes were grounded....typical behavior for the FAA, unfortunately...

Paul
 
AC20-27f

Advisory circulars are not the law, but they are intended to expand on the FAA's interpretation of the law. With regard to phase I flight test, AC20-27F says:

Carrying Passengers. You may not carry passengers while you are restricted to the flight test area or during any portion of your Phase I flight test program. We suggest you use a tape or video recorder for recording readings and other similar tasks. If you need an additional crewmember for a particular flight test, specify that in your application program letter for the airworthiness certificate. We will list this need in your operating limitations.
I would absolutely have it in writing in my operating limits before I carried another person on a test flight, and I would avoid it at all costs before I tried to get it in writing.
 
Yea, right.

aadamson said:
..............why do I see people talking about getting dual in their own airplane that is still in phase 1 flight testing and why do I also see people talk about taking a ride with the test pilot after the first flight to "get checked out".......................

I believe they are seriously misinformed....or self insured. Faced with the logistical difficulties of transition training last year, I looked into that very matter. I even had a recognized transition pilot suggest we do that very thing in my RV. Somehow, it just didn't "seem" right to me. So I called Nationair. You can imagine what their thoughts on the subject were. Pressed about the issue after talking to the folks at Nationair, this transition pilot's attitude was "Well, the insurance company doesn't have to know about it". I didn't spend 4-1/2 years of my life and 70K+ of my hard earned life savings to play chicken with the underwriters! I then contacted a personal friend and fellow RV builder who recently moved to and now works for the FAA in Oklahoma. His response was quite emphatic. The RV is NOT considered the type of aircraft in which an "essential crewmember" is remotely required. He said it would take an extremely wily attorney to spin a convincing and winnable argument in court to prove otherwise if an unfortunate incident or violation occurred. Don't take anybodys word it, especially when it comes to YOUR life, YOUR ticket and YOUR financial well being. These forums have their time and their place. There is never a shortage of on-line fertilizer to wade through. Really get educated. Call your insurance company. Call the FAA. Both calls are very cheap insurance. Base your (now informed) decisions upon what THEY tell you.

Rick Galati RV-6A "Darla" 108 hours
 
:eek: Holy cow...no one's suggesting anyone break any laws. This was just about whether or not you can take passengers or not during phase I. The quote was:

(10) During the flight-testing phase, no person may be carried in this aircraft during flight unless that person is essential to the purpose of the flight.

It doesn't say he needs to be essential crew....merely essential to that flight test. The advisory circular quoted lays out a clear procedure for doing this (put it in the OpLims for that particular flight test). If someone wants another set of eyes on any flight, and the inspector agrees and puts it in the OpLims, then OK, everything's good. If the inspector says no, you're outa' luck :)

Personally, I wouldn't want anyone else in the cockpit with me for Phase I but it's not nescessarily a bad idea for some flights (debateable), and I'm happy to leave it to the individuals involved to make up their own minds and do as they see fit WITHIN the confines of the applicable regs.

Now I'm gonna quickly crawl back under my desk before I get whacked with anymore tomatoes :D
 
Op Lims

And don't you think that the comment about Op Lims will be written as a blanket endorsement that will require "that person" to be there all the time.... Obviously that could be one interpretation... And has been suggested above.

It's clear that the letter of law suggests only one person, but the spirit is open to interpretation.... Hmmm, EAA must have something on their website about this. Shoot if it's as easy as "asking for it in writing and getting it", why wouldn't everyone do it. Depending on how the Op Lims are written, may mean it's not "required"...

My personal belief is that for the type of airplanes we are discussing...

a) only a single pilot and no passengers during phase 1 flights unless specifically requested (and granted) in writing, and then you don't know if it will be "required" on *all* future flights.

It is clear that people are confused on this topic, and take the road of doing it without written permission/grant. It's this later point that jepordized experimental airplane activities.

Written after message was posted - EAA postion:
http://members.eaa.org/home/homebuilders/faq/Pilot Checkouts during the flight test period.html?
 
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I would have certainly liked to have had a crew member with me this afternoon.

I can't remember all those temps, fuel flows, blinking amp meters-- all different depending on rpm's. I guess the blue mountain has the ability to download the flight.

"My job is to dictate common sense." Gene Sweet. Fresno FSDO

Common sense would have been someone writing down numbers from the right seat. CRM. He (FAA Inspector) said something about keeping my eyes outside the airplane. Maybe I'll settle down and get steady enough on the stick to write down a bunch of numbers-- but this plane feels like a lightweight, stiffly sprung sports car and I'm used to pick up trucks.

I find your remarks about lawlessness and law breaking a bit harsh if not offensive. This Inspector was very serious about promoting safety and airworthy aircraft.
 
Can't happen?....You think?

arffguy said:
............. peoplehave too much faith and confidence in them right out of the shop sometimes.
I once read that fuel system problems are the number one cause of engine failures in newly licensed experimental aircraft, and such failures tend to occur within the first few hours of flight testing. Its one thing to note such statistics from a piece of paper but quite another when you know the pilot and plane personally. I had no doubt this Zenith 801 would win its airworthiness certificate the day after I casually looked it over. And it did. The builder was meticulous in every detail. The only faults I could find upon visual inspection (and I'm known to be anal) were a couple of tie wraps he neglected to trim and a missing placard I knew the DAR was sure to gig. In short, his workmanship was outstanding. After several years of construction work and less than three hours on the Hobbs, the fuel pressure supporting his brand new Superior 0-360 dropped to zero and the engine suddenly stopped. On January 18 of this year.......well....here are HIS words unedited.....

Today was the day we pilots all anticipate, but are never really ready for.

At 4000 ft and 3-5 miles east of Greensfield, Crosswind N143ZT lost all fuel pressure and the engine stopped. Although I could see the airport, I was too far to make the runway and had to select a field.

After selecting the field, I tried to start the engine several times, changed fuel tanks, turned on the electric fuel pump, followed all the procedures, but still no fuel pressure, and hence, no fuel to the engine.

Unfortunately, there was a tree row at the edge of the field and power lines above the trees, which I didn't see until it was too late, I chose the trees instead of the power line.

The result was that I walked away without a scratch (a miracle), but Crosswind is ... well see for yourself.

In case you're wondering, there was plenty of fuel still on the plane and after I collected my thoughts, I tried the fuel pump again on the ground and it produced fuel pressure. Additional investigation will hopefully define what caused the original problem.
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Rick Galati RV-6A "Darla"
 
Clear thots

mark manda said:
I find your remarks about lawlessness and law breaking a bit harsh if not offensive. This Inspector was very serious about promoting safety and airworthy aircraft.

Mark, I think if you'll stop, stand back and take an objective look at this, you'll see I wasn't that harsh.

Your person, should *not* have even offered that thought to you as a representative of the FAA. He was putting a second person at danger, and he was putting his FAA representative status at risk. He was also condoning an act, that if bad things had happened, would have caused you a great amount of grief both personally and financially.

My fear with airplanes in general is that we take all of this to lightly. I don't care whether you are getting in a spam can or an experimental, each time you do, it is an exercise in risk management.

I believe your comments also show the other challenge with experimentals. Builders seem to suffer from lack of *objectivity* when it comes to their airplane. I believe their judgement is clouded by the knowledge that they have of what they have done, and how they did it. This then leads to a conviction that *everything is (will be) perfect*.

If the DAR in your case, would have had safety as his number 1 objective, do you believe he would have offered to put 2 people in an experimental with all the risks associated with "the first flight"?... I doubt it. Do you believe he would have knowingly put your health and financial well being at greater risk? (doesn't matter if you or another person were on board, if something bad had happened, your insurance would have most likely not paid, and probably would have sued you for damages)

You can justify it anyway you like. The intent of the FAA is clear - only *one* person on board, unless you've written, and been given permission for a second, and then you run the risk of this being an on going requirement. If you want data during the flight, a video camera is a whole bunch cheaper than the risk associated with a second person on board. If the person doing the first flight can't figure out flight related critical informaiton or isn't familiar with your aircraft (and electronics), then find a different person to do the first flight. It's all about risks and safety, and to improve both, you'd do the above.

In the last 6 months, we have had two fatal accidents within the Atlanta airspace, both experimental airplanes, both seasoned builders (second if not third airplanes built and flown), both on "first flights", and both with engine failings that occured withing 1 min of leaving the ground with no ability to turn back to the airport.

Yep, I lay awake at nights sometimes thinking about that, what I'd do, what I'd check during the build, before the flight, etc. Doing that hopefully helps make me be more objective about the airplane I'm building.

If rules are provided to increase the safety margin and decrease the risk, then why would you *even think* of putting a second person in an experimental during it's phase one flight time!

The entire purpose of this thread was to see if something had changed around this rule. It appears is has not. If as a result, it hit home a little close with a few... I'm sorry for that. The right to fly an experimental in the US is a pretty fragile right at the moment, with all the issues with some FSDO's not allowing flight over high population areas, the FAA wanting to require everyone to be in "positive" control before you can be in the air, etc. I want to make sure I do everything I can to keep it the right as granted.
 
OK, stupid-question-time, to clarify for us newbies:


- A DAR is a Designated Airworthiness Representative, correct?

- Is a DAR an FAA Inspector who works in a FSDO, or is he/she an FAA-designated inspector who works elsewhere?

I was under the impression that DAR's are NOT FAA employees, but are highly-qualified persons who have been granted the ability by the FAA to declare an experimental aircraft airworthy. If I'm wrong, please correct me.

I ask this because by my way of thinking, gleaned from what I was taught in A&P school, is that an FAA Inspector, from a FSDO, carries the weight and authority of the FAA Administrator and is authorized to make decisions like this, and can therefore over-rule what a DAR says.
 
I know in my area the DAR is not an FAA employee, but was my airframe instructor too. I remember he had his repairman cert, but I don't know if that has anything to do with it. Also I recall being told by the local FSDO guy exactly what keen9a said.

keen9a said:
Advisory circulars are not the law, but they are intended to expand on the FAA's interpretation of the law.

It is not manditory to follow the AC's, but you'll can't shoot yourself in the foot by following them, he said. Can you fly with passengers on stage one? Yes. Recommended? No. Are there ways to work with your insurance and the FAA with getting someone to help with the workload of flight testing?
More than likely. (perhaps we need an FAA guy on this website we can bug everytime we think of something new :rolleyes: ) ~joe
 
"I'm From the FAA, and I'm Here to Help...."

Well, no, I am most certainly not FAA....but you've ALL heard that joke by now!

Bottom line - a DAR is an independent contractor designated by the FAA to do inspections. An FAA Inspector (that badge gives it away) is a Government Employee - and yes, that does mean that he is a direct representative of the Administrator - but that alone doesn't mean he's right!

The problem is that the FAA is split up into regions, and I have never seen another government regulatory agency with so many differences in interpretations of the rules as the FAA. It is almost as if it is a mideivel world with seprate little fiefdoms, each of which chooses how and what they will enforce. A few years back, one of the highest-level FAA Associate Administrators was an ex-astronaut that I knew fairly well, and even he let me know that it was a frusrating situation, aith different people doing different things in the name of the administrator.

And the point of my short paragraph about our Grumman fuel tanks was that people with paperwork that was signed off as legal by the FAA in their region were sent violation letters by the FAA from another region Talk about being caught between a rock and a hard place - who do you beleive?! They are BOTH the federal government!

So just becasue an FAA Inspector says something - be it smart, dumb, right, or wrong by what you read in the many FARs, ACs, etc. - doesn't mean you will or won't be potentially voiolating FAR's if you take the advice.

Be careful out there....

Paul
 
FAA rules

ironflight said:
The problem is that the FAA is split up into regions, and I have never seen another government regulatory agency with so many differences in interpretations of the rules as the FAA. It is almost as if it is a mideivel world with seprate little fiefdoms, each of which chooses how and what they will enforce.
If they consolidate, they'll take the worst rules of each region, and apply them to the rest of the country! :)
 
joeboisselle said:
Advisory circulars are not the law, but they are intended to expand on the FAA's interpretation of the law.
Agreed; this is what we were taught in A&P school. The vocabulary of AC vs. AD says it all - Advisory Circular vs. Airworthiness Directive.


Ironflight said:
Bottom line - a DAR is an independent contractor designated by the FAA to do inspections. An FAA Inspector (that badge gives it away) is a Government Employee - and yes, that does mean that he is a direct representative of the Administrator...
That's what I thought.


Ironflight said:
The problem is that the FAA is split up into regions, and I have never seen another government regulatory agency with so many differences in interpretations of the rules as the FAA. It is almost as if it is a mideivel world with seprate little fiefdoms, each of which chooses how and what they will enforce.
...

And the point of my short paragraph about our Grumman fuel tanks was that people with paperwork that was signed off as legal by the FAA in their region were sent violation letters by the FAA from another region Talk about being caught between a rock and a hard place - who do you beleive?! They are BOTH the federal government!

So just becasue an FAA Inspector says something - be it smart, dumb, right, or wrong by what you read in the many FARs, ACs, etc. - doesn't mean you will or won't be potentially voiolating FAR's if you take the advice.
Fiefdoms - that's a great way to describe the FSDO's. A former employer of mine once had a similar situation (this was before my time there, so the story's second-hand) to your Grumman tanks story; the local FSDO reps signed-off on some mods to the company's helicopters, the paper trail was voluminous, all I's dotted and T's crossed, everything seemingly legal. Fast-forward a couple months; the aircraft is out West on a construction job when the local FAA Inspector drops by to check things out (apparently this is normal with helo lift jobs). After the day's lifts were complete, he's checking out the aircraft with one each of the company mechs and pilots; he apparently had some military helo experience, so he was interested in our equipment. They finally wrap-up for the night, and move on to the next job. Few weeks later, the company gets a registered letter in the mail saying that N***** is grounded due to non-compliance with the type certificate, fines and jail time for the owner/operators, blah blah. Took over a month for all the various players and officials involved to get their stories straight and release the aircraft...