Amateur/Home Built/Experimental
Flight Crew Instrument; Flight Crew Multiengine; Flight Crew Commercial
Flight Crew Last 90 Days 19; Flight Crew Total 5856; Flight Crew Type 440
Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural FAR
Flight Crew FLC complied w / Automation / Advisory; Flight Crew Took Evasive Action; General Maintenance Action; General Release Refused / Aircraft Not Accepted
Procedure; Human Factors; Chart Or Publication
I purchased an experimental amateur built (E/AB) aircraft; I am the second owner and purchased the aircraft from the original builder/owner. The aircraft was certified in 1995 and issued an airworthiness certificate and operating limitations at that time.While reading material on the Experimental Aircraft Association (EAA) website; I came across an article concerning experimental aircraft certification and operating limitations. The article discussed Phase I & II operating limitations and the importance of documenting the completion of Phase I. Prior to this; I was unaware of Phase I or II operations as a requirement for E/AB aircraft. When I checked my aircraft records; I found no Phase II operating limitations and both the airworthiness certificate and existing operating limitations had an expiration date of 1996.I contacted the EAA and was referred to a technical adviser. The Technical Adviser was unsure why an E/AB aircraft certified in 1995 would be issued an airworthiness certificate with an expiration date as the Federal Aviation Administration (FAA) policy at the time and still to this day is they issue an unlimited duration airworthiness certificate and Phase I or II operating limitations at the same time. The Technical Adviser referred me to a Designated Airworthiness Representative (DAR) of the FAA. I contacted the DAR who informed me that operation of an E/AB aircraft with an expired airworthiness certificate is a violation of Federal Air Regulations. We discussed the process necessary to correct this situation and I immediately began the necessary paperwork and initiated the process with the DAR to obtain a new airworthiness certificate and operating limitations for the aircraft. The aircraft has not been flown since identification of the expired airworthiness certificate. Further; the aircraft is in storage and will not be flown until issued a new airworthiness certificate and operating limitations.At the time of purchase I used a reputable maintenance facility; which specialized in the type of aircraft; to conduct both a pre-purchase inspection and full annual condition inspection. The facility repaired a few minor discrepancies; signed off the annual condition inspection IAW the scope and detail of Part 43; and documented the aircraft as in a condition for safe operation. In the ensuing annual condition inspections to this day; I have always used professional maintenance services and FAA certified Airframe and Powerplant Mechanics with inspection authorization (A&P-IA). None of these A&P-IA professionals alerted me to the expired airworthiness certificate.In an effort to avoid recurrence; I now know and understand the need to check aircraft records for both Phase I & II operating limitations and to ensure that E/AB aircraft have a current airworthiness certificate in force.In addition; it is evident from my experience that a lack of awareness exists among A&P-IA personnel concerning the operating limitations and airworthiness certificate requirements for E/AB aircraft. I recommend the FAA re-emphasize the requirement to check these documents at every annual condition inspection through an appropriate mass media venue (aviation safety magazine; A&P newsletters; periodic email; etc.).
A GLASAIR Pilot discovered twelve years after purchasing the aircraft that the builder had not completed Phase II Operating Limitation Certification and so ceased flying the aircraft until it was properly licensed.