 This section explains in detail the rules and guidlines set forth by the FAA for Builder Education and Assistance for Experimental Aircraft and the 51% rule. If you have any questions feel free to contact us today!
Builder Education and Assistance for Experimental Aircraft, The 51% Rule and the FAA
Builder Assistance:
Assistance in the building of an amateur-built aircraft in exchange for compensation.
Unacceptable Builder Assistance:
Any commercial assistance that reduces the work performed by the amateur builder to less than the "major portion" of the aircraft construction.
Amateur Built Aircraft:
An aircraft, the "major portion" of which has been fabricated and assembled by person(s) who undertake the construction project solely for their own education or recreation
Person:
An individual, firm, partnership, corporation, company, association, joint-stock association, government entity, trustee, receiver, assignee, or similar representative of any of them
Major Portion:
When the aircraft is completed, the majority of the fabrication and assembly operations have been performed by the amateur builder(s) who submit the application for certification. (See AC 20-139 Appdx 1 -- FAA form 8000-38, Fabrication/Assembly Operations Checklist)
How Do I Know If I've Built the Major Portion?
(Knowing whether or not you have built the major portion has nothing to do with the number of hours required to build) The following fabrication & assembly operations are listed on FAA Form 8000-38 - these are the ONLY things FAA Airworthiness Inspectors are concerned with when determining the status of your amateur-built experimental aircraft. If you have been involved in performing ANY of these operations, you earned "credit" for having performed that operation and toward establishing amateur-built status for your plane:
3. Canard Operations
6. Cockpit Operations
7. Landing Gear Operations
12. Fuselage Operations
13. Empennage Operations
14. Main Rotor Operations
16. Wing Operations
18. Propulsion Operations and Tail Rotor Operations
47. Flight Control Operations
Thus, in the case of a standard fixed-wing aircraft, being involved in performing at least 60 of the applicable 119 Fabrication & Assembly Operations (51%) establishes your plane's amateur-built status and your eligibility to apply for a Repairman's Certificate.
Documentation requirements:
The Amateur Builder(s) must be able to show that they have performed at least 60/119 operations (in the case of a standard fixed-wing aircraft) in order to qualify for the repairman certificate, and to register their aircraft in the experimental category.
What about previous/builders or owners who never finished?
It does not matter how many previous owners/builders a project may have had - as long as each owner intended to build the aircraft for their own education or recreation - if you can document or show documentation of the work that each did, it is as if you did the work!
The following are things that don't count toward the Major Portion rule:
*Engine
*Propellers & Accessories
*Avionics & Instruments
*Interior Items
*Hardware
*Landing Gear
*Exterior Finish and related items
Which Kits have been evaluated by the FAA and found "OK" to build?
The FAA maintains a database of amateur-built aircraft kits found to be eligible under the Major Portion Rule. Click Here to find out which aircraft models have been evaluated to determine if an aircraft built from a kit will meet the "major portion" requirement of 14 CFR section 21.191(g)
Reference Materials:
http://www.faa.gov/aircraft/gen_av/ultralights/amateur_built
FAR 21.191, Certification of Experimental Aircraft
AC 20-27F, Certification/Operation of Amateur-Built Aircraft
AC 20-139, Commercial Assistance During Construction Of Amateur-Built Aircraft
AC 21-12B, Application for U.S. Airworthiness Certificate, FAA Form 8130-6
AC 39-7C, Airworthiness Directives
AC 65-23A, Certification of Repairmen (Experimental)
AC 90-89A, Amateur-Built Aircraft and Ultralight Flight Testing Handbook
AC 103-7, The Ultralight Vehicle
Revised Listing of Eligible Amateur-Built Aircraft Kits
Excerpt from FAA Order 8130.2D, Airworthiness Certification of Aircraft and Related Products
(Procedures for Experimental Certification - Internal Guidance for FAA)
FAA Oklahoma City (405) 954-6904
We trust that this page of our website is both educational and informative.
Please call or write with comments to:
Alpha Omega Aircrafters, Inc.
2802 Lippisch Place SW
Cedar Rapids, IA 52404
Phone 319.362.9055 Fax 360.925.2006
Web: http://www.aoaircrafters.com
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