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ply to all registered aircraft regardless of who built them, an individual or a company. Operating Limitations
Few Federal Aviation Regulations (FARs) specifically address the building or operation of an amateur-built experimental aircraft. FAR 91.319, "Aircraft Having Experimental Cer-
Every airplane has operating limitations, and for a production airplane they define parameters, such as V NE (never exceed speed) and the maximum allowable oil temperature. Every pilot who's learned to fly in a factory-built airplane is familiar with tificates: Operating Limitations," is these operating limitations, which one of them, and we'll discuss it the manufacturer spells out in the later. Many regulations, however, airplane's pilot operating handbook particularly those in Part 91, "Gen- (POH), instrument markings (like eral Operating and Flight Rules," ap- redlines), and cockpit placards.
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Operating limitations for a homebuilt are a hit different. Builders receive them from the FAA inspector, along with their respective homebuilt'* airworthiness certificate. In addition to the rules that apply to all registered aircraft, including all the parameters on engine and flight instruments, a homebtiilt's operating limitations are the rules t h a t govern how you can operate your airplane.
FAA Order 8130.2D, "Airworthiness Certification of Aircraft and Related Products," says it all: "l-'AK 91.319 prescribes operating limitations that are applicable to all aircraft having experimental certificates. In addition, the Administrator may prescribe other limitations as may be considered necessary under 91.319(e)." Homebuilders receive operating limitations for two phases of opera-
tion—flight test and normal operation. Called "Phase 1 operating limitations," the flight-test limitations remain in effect until the homebuilt h a s s u c c e s s f u l l y completed t h i s phase of its life. "Phase 11 operating limitations" are the rules that apply to the homebuilt after it meets its Phase I requirements. The operating limitations also give builders guidance on how to transition from Phase 1 to II and the aircraft logbook endorsement they must make when Phase I is complete. Phase I and II operations are distinctly different, but the l-'AA usually issues the limitations for both
in the same document, along with the aircraft's airworthiness certificate, and this is the builder's only l-'AA inspection. In rare cases, however, the in-
spector may issue only the Phase 1 operating limitations and then require another inspection at the end of the flight-test period before issu-
ing the Phase 11 limitations. This oc-
curs mostly with one-off designs, and the FAA wants to ensure that
the flight testing has proven the de-
sign sale belore it issues the Phase II limitations. Operating limitations are specific to your airplane, but all of them require pilots to comply with the Part 91 regulations. All operating limitations also include this statement: "These operating limitations are a
part of the FAA Form 8130-7, special airworthiness certificate, and are to
be carried in the aircraft at all times for availability to the pilot in command of the aircraft" [emphasis added]. Phase I Limitations
Phase 1 operating limitations define the area where you will test-fly your airplane and how many flight-test hours you must log. When you submit the application forms for your airplane's airworthiness certificate you must indicate at what airport you will test your airplane. If the FAA deems this airport satisfactory, it will define your Phase I 62
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flight area in your operating limitations. Normally, the FAA defines a flight-test area with a specific radius from a certain airport, and the radius depends on your aircraft's speed. Faster aircraft get more area than slower ones. FAR 91.305, "Flight Test Areas," gives you some guidance in selecting the airport: "No person may flight test an aircraft except over open water, or sparsely populated areas, having light air traffic." Don't a u t o m a t i c a l l y discount airports surrounded by densely
populated areas. Often, the FAA
will approve such airports if there
is an acceptable flight corridor to less populated areas. If the airport has no acceptable corridor, the FAA will require you to move your aircraft—by ground—to an acceptable airport. During Phase I testing you cannot fly your homebuilt outside your test area until you've flown the required time, found the aircraft controllable throughout its normal range of speeds, and have not discovered any hazardous characteristics.
The prescribed flight-test time depends on the airplane's engine/propeller combination. If the airplane has a certificated engine/propeller combination (such as found on a production airplane), the minimum test time is 25 hours. With an engine/propeller combination t h a t is not certificated (such as an automotive engine), the minimum test time is 40 hours. Amateur-built experimental gliders, balloons, dirigibles, and ultralights must be tested for at least 10 hours, with at least five takeoffs and landings. In addition to being restricted to the defined area during Phase I, all test flying must take place in day VFR conditions, and you cannot carry a passenger. Nor can you be a passenger if someone else is doing your test flying for you. This includes flight instructors, and you cannot receive dual instruction in your homebuilt until it enters Phase II. Phase II Limitations
When you successfully complete your Phase I testing and find your homebuilt safe, you must endorse an entry in your aircraft logbook. This entry says: "I certify that the prescribed flight-test hours have been completed and the aircraft is controllable t h r o u g h o u t its normal range of speeds and throughout all maneuvers to be executed, has no hazardous operating characteristics or design features, and is safe for operation. The following aircraft operating data have been demonstrated d u r i n g the f l i g h t testing: [give speeds] V so , V x , and V Y and the [give weight and center of gravity location] weight and CG location at which they were obtained." When you sign this entry, your Phase II operating limitations now govern how you can fly your homebuilt. (You can find a sample of these limitations in the members-only section of the EAA website at www.eaa.org. Click on "homebuilders hq" and then on "govt.") The operating limitations will 64
come from the sample in FAA Order 8130.2D and will be the same for most amateur-built experimental a i r c r a f t . FAR 91.319(e) allows the inspector to add other limitations he or she deems necessary for safe operation of the airplane, but inspectors rarely do this. Here are a few examples of Phase II operating limitations as they apply to the normal opera-
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tion of your homebuilt. " If your airplane may be operated IFR or VPR at night, the Phase II operating limitations will indicate these privileges, list the required equipment, and tell how you must maintain that equipment. If you have test-flown your airplane to determine its aerobatic capabilities, the operating limitations
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will list this privilege. :•'• An amateur-built aircraft shall not be used for glider towing, banner towing, or intentional parachute jumping. No person may operate this aircraft for carrying persons or property for compensation or hire. (A recent change in t h i s l i m i t a t i o n is discussed in sidebar, below.)
• The pilot in command of this aircraft shall advise each person carried of the experimental nature of this aircraft and shall explain that it does not meet the certification requirements of a standard certificated
aircraft. K No person shall operate this aircraft unless within the preceding 12 calendar months it has had a condi-
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tion inspection performed in accordance with the scope and detail of Appendix D to Part 43, or other FAAapproved programs, and was found to be in a condition for safe operation. This inspection will be recorded in the aircraft maintenance records. The pilot in command of this aircraft shall notify air traffic control of the experimental nature of this aircraft when operating in to or out of airports with an operational control tower. When filing IFR the experimental nature of this aircraft
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shall be listed in the remarks section of the flight plan. When filing for IFR flight the experimental nature of the aircraft shall be listed in the remarks section of the flight plan. Make the first entry in the remarks block one of the following codes: HXA—used for experimental aircraft with a cruise (indicated) speed of 100 knots or less; HXB—used for experimental aircraft with a cruise (indicated) speed greater than 100 knots up to and including 200 knots; or
HXC—used for experimental aircraft with a cruise (indicated) speed greater than 200 knots. These examples represent some of the additional rules the operating l i m i t a t i o n s impose. When the builder/pilot receives them, he or she should review all operating limitations and the FAA inspector should explain them. Do not overlook this important step in the excitement of completing your project. Take the time to review them before the test flight and keep a copy of them on board the airplane at all times.
