Government, Industry Partnership To Review Amateur-Builder Statutes

The FAA is concerned that some builders-for-hire and commercial "builder's assistance" providers are doing more that the FARs permit when it comes to amateur-built aircraft.

On September 6th, the FAA convened the first meeting of the Amateur-Built Aviation Rulemaking Committee, comprised of 17 representatives of government, general-aviation groups, and aircraft kit manufacturers. EAA holds a key leadership position on this committee with one interest in mind: preserving the rights of amateur builders.

In a release, EAA vice president of industry and regulatory affairs, and Co-Chair of the committee, Earl Lawrence said, “With this much FAA scrutiny, our members’ rights to build and fly their own aircraft are at risk. Those individuals and vendors who circumvent the letter and intent of the experimental rules are putting all amateur-building enthusiasts’ privileges in jeopardy."

Lawrence shares the committee’s leadership with FAA Manager Frank Paskiewicz and Van’s Aircraft CEO Richard VanGrunsven.

“Our participation and leadership on this committee provides an effective avenue for protecting the rights of our EAA-member builders, craftsmen, kit-assemblers, and restorers,” Lawrence said.

During the meeting, the group refined its mission, distilling its broad purpose of examining the letter and intent of federal rules governing the amateur building of aircraft into several objectives:

• Investigate the effects of builder or commercial assistance on compliance with the “51% Rule,” the stipulation that an individual must perform the majority of the construction tasks in building an experimental airplane
• More precisely define the elements of the 51% Rule to ensure more uniform application and adherence across the industry
• Explore opportunities for creating new amateur-building regulations, directives, advisory materials, and implementation strategies that would advance the represented groups’ mutual interests
• Document findings and present them to the appropriate policy-making authorities

The group broadly agreed on its interest to preserve the original language and intent of the amateur-building regulations. There was also consensus that builder or commercial assistance should remain an option for those attempting to build their own airplanes.

The group will focus on builder or commercial assistance providers who circumvent the intent of current regulations by performing the majority of the construction tasks on behalf of their customer.

“In the meantime,” Lawrence said, “we are counting on the amateur-building community to practice good peer-review and self-policing techniques. Cutting corners on the 51% rule is a disservice to the educational and recreational function for which the aircraft-building experience is intended."

The Committee will meet next in November in Washington, D.C.

FMI: www.eaa.org, www.faa.gov