Dan, let's see if we can put an end to this:-).  No, I am not the FAA nor 
did I stay at a Holiday Inn Express last night. OK, that stuff out of the 
way.  This issue is brought up about once a year on any aviation list.  
Through the course of years I have seen FAA guys and DAR guys jump in on the 
issue.  Simply put, FAA regs prevail over the opinion of an examiner.  If 
your operating limitations expressly state something other than specifically 
stated in the FAR's, your POH needs to be revised.  In this case the FAR's 
are actually very clear, no endorsement is required to operated a tailwheel 
aircraft operating under the experimental class.  If a DAR pushes for such, 
be prepared to tactfully point out his error through the listed FAR.  He 
cannot insert personal opinion in the place of published regulations.  His 
opinion is limited only to your workmanship, equipment list, placards, etc., 
not application of regulations based on opinion.

With that said, numerous issues have come up with various inspectors.  Let's 
look at day/night operations.  If you want to use lights you've designed, 
and are certain meet the standards for illumination, but are concerned about 
them passing the mustard........simply do not install them prior your 
inspection.  Your limitation will include a statement "aircraft restricted 
to day operations unless properly equipped for night operations".  After he 
gives you your paperwork, install the lights and add the statement into the 
logs indicating appropriate install.  One DAR said he would not sign off an 
experimental for IFR operation unless it had DME.  I diplomatically pointed 
out too him, if the aircraft is equipped with an enroute, terminal and 
approach certified GPS, the GPS substitutes in lieu of DME up to and 
including approaches.  He rechecked his FAR's and agreed.  This is another 
point.  It is not up to the DAR to sign your aircraft off as IFR on the 
initial inspection even though it happens.  This is ridiculous, as an 
experimental IFR install cannot be signed off as IFR until the equipment has 
been flown and "tested" as to it's appropriateness as to intercept, 
establish and shoot approaches appropriate for the equipment installed.  The 
IFR equipment install must be TSO'd equipment to legally use the system but 
supporting equipment such as airspeed, altimeter, and so on, do not have to 
be TSO'd.  Same thing with tinted canopies and night operations.  With that 
said, I will always express my opinion (since I'm not DAR) which is the KR 
is not an acceptable IFR platform.

Don't ask for moon on your initial inspection.  The only thing you want is 
that piece of paper that says "airworthy", the rest is up to you the 
builder.  Now remember, major modifications must be addressed outside of log 
book entries.

Sorry to get longwinded but I have seen these issues come up so many times.  
It appears to be muddy water but, in actuality, it is quite clear.



Dana Overall
1999 & 2000 National KR Gathering host
Richmond, KY
RV-7 slider, Imron black, "Black Magic"
Finish kit
Buying Instruments. Hangar flying my Dynon.
http://rvflying.tripod.com
do not archive

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