this doc should settle it.
Not really.... The EAA references documents that are dated after this AC doc where the FAA contradicts themselves and state that they don't apply.
Does not really matter to me because my craft has all AD's complied with and if a new one comes up, most likely I would comply with it if I felt it was justified.
The EAA is currently pressing hard for an absolute resolution to this matter so I guess we will have to wait and see what comes out of that for a ruling.
Here are their arguments for why they make the stand that AD's do not apply to Experimentals:
A. “AD‟s and safety directives are not applicable to amateur-built aircraft or light-sport aircraft for which the FAA has issued an experimental certificate under §21.191; ultralights and hang gliders not having airworthiness certificates; and components or products installed on such aircraft,”
B. Reason:
i. In accordance with §21.191 experimental amateur-built and experimental light-sport aircraft are non-TC‟d aircraft. Per §103.1(c) and §103.7 ultralight aircraft, including hang gliders, do not have any U.S. or foreign airworthiness certificate.
ii. In the final rule Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft (FAA-2001-11133, effective September 1, 2004), Section IV Comparative Tables, Light-Sport Aircraft Maintenance and Certification Requirements, the FAA clearly established that ADs and safety directives were not applicable to experimental light-sport and amateur-built aircraft.
P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.4800 • Fax 920.426.6560 •
WWW.EAA.ORG
Elizabeth Bumann EAA Comments to Draft Airworthiness Directives (AD) Manual, FAA-IR-M-8040.1C January 14, 2009 Page 2
iii. 14 CFR part 43.1b: “This part does not apply to any aircraft for which the FAA has issued an experimental certificate, unless the FAA has previously issued a different kind of airworthiness certificate for that aircraft.” All AD and safety directives must be accomplished by using Part 43 guidance (how it will be applied, who can do the work, what standard will be used, and how it will be recorded), and since Part 43 does not apply to these aircraft, ADs and safety directives therefore also do not apply.
iv. Special Airworthiness Information Bulletin No. ACE-97-04, dated May 29, 1997: “Under current certification requirements, an aircraft with an experimental certificate is not considered to have an approved „type design.‟ This means that an aircraft with an experimental certificate is not required to comply with Airworthiness Directives.”
v. FAA letter, Applicability of an AD against a type certificated article installed on an amateur-built aircraft, dated September 5, 2000, Mr. James Jones, Manager Aircraft Engineering Division: “Because an amateur-built aircraft has no required airworthiness standards, an „off-the-shelf‟ type certificated article, such as an engine, may be installed on it without regard to the limitations derived in type certification that are essential to safety. This, of course, is the installer‟s choice. The intent of type certification of the article is nullified by the lack of an installation approval because the level of safety defined by the type certificate no longer remains validated for the article.”
vi. Report to the Aircraft Certification Management Team, Airworthiness Directive Applicability Team, April 28-30, 1998: “A type design can exist only with a type certificate, and only after a showing of compliance with applicable requirements and approval by the FAA. A non-TC‟d aircraft cannot have a type design. „Type design‟ as defined in §21.31 is the intent of Part 21.” And, “The wording of the rules shows clearly that in writing the rules, FAA had no intention of issuing AD‟s for non-TC‟d aircraft. §39.1 requires that the aircraft have a type design as defined in §21.31. A non-TC‟d aircraft has no type design. §21.31 requires that the TC holder report product safety problems to the FAA, and §21.99 requires that the TC holder prepare corrective fixes. A non-TC‟d aircraft has no TC holder. There is no credible interpretation of existing rules that implies FAA ever intended to issue AD‟s against non-TC‟d aircraft.”
