Mailing List flyrotary@lancaironline.net Message #28780
From: Buly <atlasyts@bellsouth.net>
Subject: Fwd: [c-a] Expiramental aircraft bans in California.
Date: Tue, 27 Dec 2005 11:48:40 -0500
To: Rotary motors in aircraft <flyrotary@lancaironline.net>


Begin forwarded message:


Subject: [c-a] Expiramental aircraft bans in California.

Saw this being passed around in the Lancair group.  Thought it might be of
interest to some of you on the West coast.

From AVWeb
http://www.avweb.com/eletter/archives/avflash/537-full.html#191233

Four California Airports Off-Limits To Some Homebuilts, Warbirds

EAA says it's making progress in reversing or modifying restrictions on
experimental aircraft imposed on four busy California airports by the Van
Nuys Flight Standards District
Office<http://www.faa.gov/about/office_org/field_offices/fsdo/van>(FSDO).
In April of 2004, then-FSDO Manager Robyn Miller issued a
memo <http://www.aero-farm.com/vnfsdo.pdf> that effectively barred some
experimental aircraft from regular operations at Van Nuys (yes, of One Six
Right fame <http://www.onesixright.com/>), Whiteman, Burbank and Santa
Barbara airports. Most experimentals are homebuilts but many warbirds are
operated in the experimental category, also. The memo says that "phase II
and 'normal' operations [by experimentals] will not be allowed" at the four
airports although "exceptions may be made based upon current office policy,
certification category, aircraft type and operator experience." The memo did
contain a grandfather clause allowing existing experimentals to continue
using the fields until they are moved, sold or the nature of their operation
is changed. The memo also bans initial flight and phase I testing of
experimentals at the airports.

Policy Discriminatory, Says EAA

EAA spokesman Dick Knapinski said the organization has been aware of the
memo since it was issued last year and has worked behind the scenes to help
individual pilots at the affected airports. However, Knapinski said the memo
is fundamentally flawed in that it can only apply to aircraft that the local
authorities are familiar with. "The way it stands now, there's nothing to
stop someone from flying an experimental aircraft in from somewhere else,
overnighting and taking off the next day," said Knapinski. "It creates two
different levels of enforcement." ... And perhaps enforcement by personal
interpretation. In addition to helping pilots at the affected airports,
Knapinski said EAA has been lobbying FAA officials on the matter. "We've
been after the FAA about this and I think we're making some progress," he
said. Knapinski said the Van Nuys memo was "enacted at the local level" and
allowing such local interpretation can cause problems. "Those levels of
various rulemaking in these instances is something that EAA is constantly
working against, because it leads to confusion in the pilot community," he
said.

FSDO Defends Actions

Van Nuys FSDO Manager Richard Swanson said his office is merely spelling
out a policy that has been directed by the FAA administrator. Swanson said
all offices were asked to review their policies with respect to the
operating limitations that come with flying an experimental aircraft. He
said the limitations vary depending on aircraft type and use, but, in
general, experimental aircraft are not supposed to fly over congested areas
and the four California airports are all in heavily populated areas with
busy airspace. But he noted that doesn't necessarily mean that all
experimentals are banned from using the airports because many homebuilts
have an exception in their operating limitations that allows them to fly
over developed areas and in congested airspace for landing and takeoff.
"Each pilot has to be aware of the operating limitations of the aircraft,"
he said. Swanson said the difference between a homebuilt and a certified
aircraft is that a certified plane is theoretically a "known entity" that
has been through airworthiness processes and is supposed to be maintained to
those standards. Experimental aircraft don't have that paper trail and
that's why the limitations are in place. "It's really a certification
issue," he said. "Our task, after all, is to protect the general public." He
also noted that it would be impossible for his office to monitor transient
traffic and determine which experimentals are allowed to use the four
airports. He said it's up to the aircraft owners to make sure they operate
within the rules and all it takes is a ramp check to determine if they are
being followed. The devil's in the paperwork.






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