“OK, now that I’ve started building, what required compliance with ‘rules and regulations’ should I be aware of? Will I have a problem with Transport Canada approving my aircraft? Am I going to have some unpleasant sur-prises? What ‘hoops’ do I need to jump through?

STANDARDS OF DESIGN AND CON-STRUCTION FOR AMATEUR-BUILT AIR-CRAFT:

In Canada, we have the privilege of building our own aircraft subject to design and build standards. Since CAR (Canadian Aviation Regula-tions), provide the requirements for certified aviation, our authority to build and fly our amateur-built aircraft is through means of an exemp-tion to these ‘certified’ regulations. In particular, these exemptions are: Subsections 507.03(b), (Flight Authority and Certification of Noise Compliance), and Section 549.01, (Airworthiness Standards Amateur-built Aircraft). Obtain copies of these exemptions from Transport Canada for your reference.

These rules and regulations, although not onerous, need to be fol-lowed in our building project. Non-compliance can result in an air-craft that will never be allowed to fly!

PROCEDURES:

Interpretation: (Some Definitions)

‘Amateur-built’ (or Home-built) means an aircraft, the major portion of which is constructed or assembled individually as a unique project, either from raw materials or from a kit.

‘Unique Project’ is intended to mean, “the production of one air-craft type and model, by one builder, at one time”. Expressly implied is non-commercial manufacturing of amateur-built aircraft.

‘Major Portion’ means more than 50% of the total items assembled during the process.

There is a good deal of confusion over this issue. The FAA has com-piled a form identifying fabrication and/or assembly parts organized by component groupings. On this form, component/assembly parts are checked off in one of two columns; either by ‘builder’ or by

‘other’. By checking off each item into its appropriate column, and adding each column of check marks, we can quickly determine whether the builder is completing more than 50% of the tasks, thereby meeting the ‘majority rule’.

This form has been adopted by Canadian authorities. Some kit manu-facturers have submitted a summary of components produced by them as compared to those by the builder in order to receive approval of their kit having met less than 50% and thereby assuring that the builder completes the major portion. If so approved, builders can use these kits with the assurance that the ‘majority rule’ is satisfied. If builders choose a kit or an aircraft design that is not approved by this process, they will need to have their inspection delegate (MD-RA) check their project to ensure its compliance to the majority (51%) rule.

If, however, a builder is building an aircraft that is listed and ap-proved, and he deviates from the structural aspects of the kit as sup-plied, he will need to apply for and have the 51% determination reas-sessed.

‘Builder’ means the individual or group of individuals who constructs or assembles an amateur-built aircraft, or who oversees the construc-tion by other persons, of an amateur-built aircraft.

The builder’s name is on the ‘Letter of Intent’ (see Part 2, ‘Getting Started’). He is the responsible person, and although he may contract out portions (or for that matter all) of the construction to someone else, he continues to take the full responsibility for the project.

‘Oversee’ means overall control of all aspects of the project, includ-ing knowledgeable participation in all required inspections.

In order to demonstrate personal oversight, the builder is expected to establish records that include decision making and a description on how overall control of the project was maintained.

All communications with regard to the project will be between the builder and the minister or his delegate.

We spoke earlier (Starting your Builder’s Log, Part 2) about the impor-tance of records.

Without records of the decision making process, with descriptions, diagrams and photographs, together with evidence of complete un-derstanding and knowledge displayed by the builder, the MD-RA In-spector will snag the project, and hand it off to Transport Canada officials for their evaluation of compliance.

‘Inspection Requirements’ An individual who intends to construct an amateur-built aircraft shall, before starting construction:

1. Inform the Minister of the intention to construct the aircraft

2. Identify himself or herself as the builder of the aircraft

3. Show that the aircraft design meets the requirements of this standard

4. Confirm that the major portion of the aircraft will be constructed individually, as a unique project

Most of these points have been addressed, with the exception of point 3. Canadian Rules and Regulations for amateur-built aircraft include parameters such as a maximums of gross weight of 5000 lbs. (2272

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THE TECH’ DESK

EEA’S HOMEBUILT AIRCRAFT COUNCIL REPORT, JULY, 2006 ‘I WANT TO BUILD MY OWN AIRCRAFT’

PART 6: RULES & REGULATIONS

51% Determination Form

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“Now I know what a dog feels like watching TV”

. . .A DC-9 cap-tain trainee attempting to check out on a glass cockpit A-

Kg.) or of 4 seats (one pilot and a maximum of three passengers). In addition, standards define wing loading, minimum power requirements, and minimum climb rates. (We will be covering these issues in detail, in future col-umns.)

Prior to issuance of a flight authority, an amateur-built aircraft shall be inspected in accordance with a schedule acceptable to the Minister:

1. For workmanship and general serviceability

2. To detect apparent and obvious unsafe features

3. To provide reasonable confi-dence of safe operation

These are important points. The inspector is given substantial authority to snag any defi-ciency as he/she sees fit in accordance with these points. This does not suggest that his/her acceptance of the con-struction implies safe operation; only that any unsafe issue apparent to the inspector will be snagged.

The builder of an amateur-built aircraft shall make the aircraft available for inspection:

1) During construction, for inspection of enclosed areas that will not be accessible after final assembly.

(Prefabricated parts that were fully enclosed by the parts (kit) manufacturer at the time of delivery, need not be subject to the internal inspection required in above.)

2) When the aircraft is fully assembled and equipped, but before the first flight, at the site of the planned test flight.

Under (1) above, a sub-assembly inspection is required on aircraft which have components that are not open for inspection when the ‘pre-cover’ inspection is performed. Aircraft with no pre-closed assembly parts need only to have the ‘pre-cover’ inspection.

Item (2) above, states that the final inspection shall be at the site of the planned test flight. This means that the final inspection precludes disassembly of the aircraft, to be moved to an airfield. It must be at the airfield where the first flight is planned.

‘Aircraft Constructed outside of Canada’ allows two scenarios. The first is a Canadian citizen, living outside of Canada who builds an aircraft; the second is a Canadian citizen who buys a completed amateur-built aircraft from outside Canada.

The first: A Special Certificate of Airworthiness – Ama-teur-built, may be issued in respect of an amateur-built aircraft constructed outside of Canada where:

a) The builder is a Canadian citizen living abroad and intending to resume permanent residence in Canada, who provides advanced notice of the intention to construct the aircraft outside of Canada;

The builder makes arrangements to have the aircraft inspected during construction by:

• An employee (aviation safety inspector, airworthiness inspector) of the foreign civil aviation authority (FCAA) of the state in which the amateur-built aircraft is being con-structed, who is authorized by the FCAA to conduct in-spections of amateur-built aircraft;

• A representative of the FCAA of the State in which the amateur-built aircraft is being constructed, who has been delegated authority by the FCAA to conduct inspec-tions of amateur-built aircraft;

• A representative of a recreational aviation organiza-tion of the State in which the amateur-built aircraft is being constructed, the organization having been dele-gated authority by the FCAA to conduct inspections of amateur-built aircraft, or

• Any other person acceptable to the Minister.

b) The builder shows that the aircraft design meets the re-quirements of these standards

In other words, if all the Cana-dian design standards are complied with, a builder can construct an amateur-built aircraft outside of Canada, provided he serves prior no-tice to the Minister of his intention to build this aircraft outside of Canada, and follows approved inspection proto-col.

The Second: A Special C of A – Amateur-built may be issued in respect of an amateur-built aircraft constructed outside of Canada where:

The aircraft was constructed in accordance with standards of the State of construction, and the Minister finds them to be equivalent to these Canadian standards.

The aircraft was issued a permanent flight authority pur-suant to the regulations of the State of construction ands has subsequently completed not less than 100 hours of air time;

The aircraft undergoes a complete inspection for compli-ance with these standards, by a Civil Aviation Safety In-spector.

So if you want to buy an amateur-built aircraft from out-side Canada, constructed by a citizen of another country, it will have to meet Canadian amateur-built aircraft stan-dards, have been flown at least 100 hours, and be in-spected by a Transport Canada inspector. (MD-RA in-spectors do not have the authority for this inspection at this time.)

All of the above provides an evening of boring ‘read mate-rial’. Nevertheless, before you commit money and time resources to your project, you will want to ensure compli-ance with Canadian rules and regulations. One builder

Rules & Regulations (Continued from page 7)

(Continued on page 6)

When the weight of the paper equals the weight of the airplane, only then can you go flying .

. .Donald Douglas

You know they invented wheel barrows to teach FAA inspectors to walk on their hind legs.

. . .Marty Caidian

International ATC

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