Question on 40 hour requirements being partially flown

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Question on 40 hour requirements being partially flown

Postby Matlock01 » Thu Jun 10, 2021 11:45 am

I know… I’m an idiot but I’ll ask the question anyway.

I have the opportunity to buy a completed TD but the builder had a stroke before he could fly the airplane. It has 1 hour on it but it now sits w the wings off. I would rebuild the AeroVee before slapping the wings back on n flying (prob add turbo too). Question is would it need a new DAR sign off? Other than the “issue” of buying an airplane that hasn’t passed its 40 hours, is there anything Admin/paperwork wise I should be concerned about?

Thanks and ready for the shots across the bow!


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Re: Question on 40 hour requirements being partially flown

Postby XenosN42 » Thu Jun 10, 2021 3:58 pm

You should contact your local FSDO for real answers.

My guess is that the answer will be that a new DAR doesn't need to look at the plane. Even if you add the turbo. Doesn't hurt to ask them. The staff at my local FSDO are very helpful. Hope you'll have the same experience.
-- Michael
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author of the 'Flight Data Viewer'
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Re: Question on 40 hour requirements being partially flown

Postby Scott Todd » Thu Jun 10, 2021 4:35 pm

It should be clearly stated in the operating limitations, unless they are very old.
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Re: Question on 40 hour requirements being partially flown

Postby pappas » Thu Jun 10, 2021 9:26 pm

The aircraft was already inspected and signed off to begin phase 1. The FAA doesn't care who flys off those hours.
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Re: Question on 40 hour requirements being partially flown

Postby Scott Todd » Thu Jun 10, 2021 9:38 pm

The 'Gotcha' is usually the flight test area. Its defined in the operating limitations. People buy airplanes in Phase 1 and take them home, usually to a different airport. If it can be flown within the original test area, then all is good, but this is usually not the case. It may be as simple as a phone call to the local FSDO to get revised operating limitations. But to be legal, it has to be done.

It will also need a condition inspection from an A&P assuming its been over a year since the last one or the DAR inspection.
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Re: Question on 40 hour requirements being partially flown

Postby MichaelFarley56 » Thu Jun 10, 2021 11:11 pm

Everyone is offering spot on advice. The original Operating Limitations will specify the Phase 1 test area the airplane must be operated under for Phase 1 so if you want to relocate to a different area, you will need to contact your local FSDO for amended Operating Limitations to include a new test area.

The Airworthiness Certificate doesn’t expire so that won’t change. No need for a repeat inspection for that.

If you decide to add a turbo (and a new prop as a result) that will constitute a major change so you will need to ask the FSDO how that is addressed. On most airplanes in Phase II, a major change requires a re-entry into Phase 1 for a minimum of 5 hours for appropriate Phase 1 testing but in your case since the airplane is still in Phase 1, I’m not sure how that’s addressed.

Best of luck!
Mike Farley
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Re: Question on 40 hour requirements being partially flown

Postby Fastcapy » Fri Jun 11, 2021 8:57 am

As others said, the biggest issue is the test area and especially the addition of the turbo as it is a major change. I had a major change to mine in phase 1. My FSDO just wanted a written (email) explanation of the changes prior to flying it and to make sure I had a certain amount of time on it before I could sign off the initial phase 1. Say I had 36 hours before the change and they said I needed 10 hours after the change, I had to wait until 46 hours to sign it off. Note: each FSDO may vary, so you need to contact yours and get it in writing.
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