From: Sky2high@aol.com
Message-ID: <65d29b0e.36efbf48@aol.com>
Date: Wed, 17 Mar 1999 09:42:16 EST
To: lancair.list@olsusa.com
Subject: Major Alterations
Mime-Version: 1.0

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You can keep this off the list if you wish.

Thanks for your note, but I think this issue is not yet clearly understood as
you will see below.

I know that you are building now and that you have made modifications to your
plane which were not part to the Lancair "plans".  Mr. Davenport's changes to
the Long-EZ plans was part of the basis for the judge's "mood".  The point?
Don't be in a position to let a judge make an interpretation of the rules.

I wish you could ask for a showing of hands from the flying experimental
aircraft  segment of the site's audience on whether any modifications were
made after they received their certificate.  I often find it hard to believe
that "everything was perfect" after the first flight.  I think you would also
find that in order to get these things in the air, you end up with a "punch
list" of wants that you will take care of at some later time.  It is often
said that a homebuilt is never done.

When you write about a modification, to the FAA, I believe that you should
take the stance that the mod is minor or significant, but not major (unless it
really is major major).  If you claim it is MAJOR, you CANNOT fly the airplane
until you get a response from the FAA.  This is why neither you nor the FAA
want to be incorrectly referring to FAR43.

Finally, to show you why the FAA, and not a lawyer, should be the expert in
determining the effect of your modification, read "Insurance Alert!", sub-
titled "See your provider before making major changes to your aircraft." on
page 20 of the April 1999 issue of Kitplanes magazine,   the lawyer/author
suggests that there is "...the need for ongoing communication between a pilot
and his insurance carrier." You can bet that I'm not going to let my "carrier"
make a determination about a modification.  I think that somewhere my policy
says that the policy itself is the only defining contract between me and the
company, and no other oral or written statements constitute a part of that
contract.

As you can see, since I am retired and flying, I have way too much time on my
hands.

Scott Krueger
N92EX