Sender: "Marvin Kaye" <marv@lancaironline.net>
To: lml@lancaironline.net
Date: Sat, 13 Nov 2004 11:03:35 -0500
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From: "Charlie Kohler" <ckohler1@cfl.rr.com>
References: <list-530161@logan.com>
Subject: Re: [LML] Re: LIVP 40 Hr Test Period...Not Above 17,500'?
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Regarding flights above 18,000 feet during flight test periods.
It's my opinion , that FAR 91.305---91.319 and FAA order 8130.2 F  do not 
explicitly prohibit a flight above 18,000 feet.  The intent of the order is 
clear that test flights during this phase will limit flight with in a 
designated area that will not be over densely populated areas/congested 
airways or create a hazard to any other air traffic or property/ personnel 
on the ground.
That said, I believe if the geographical area is satisfactory (sparsely 
populated) and if it is in an area that ATC would approve high altitude 
testing, --that it would be the basis for a DAR --with the concurrence of 
the local FAA MIDO/FSDO--to write this flight test area into the operating 
limitations.
I can see no reason why it would not be approved to flight test if all other 
requirements are met.  (Pitot static/altimeter/transponder tests/DME etc. 
etc.)

After all, Space One did it!

Strange how some government folks come from the "here's why you can't do it" 
perspective-- instead of what is the intent of this regulation- and here's 
how you can do it -and still be in compliance.

As an example-- The EAA went nuts several years ago trying to clampdown on 
several DAR's and ASI's who insisted that an A&P must sign off on the final 
inspection prior to issuing a airworthiness certificate.  They finally wrote 
it plainly into the A/C 20-27F "not required ."

Charlie K. (DAR)