Not to invite a huge discussion on this, and at the risk of over simplifying the situation, from what I read the decision from the court revolved around 2 factors: first what were the original limitations spelled out by the DAR/FAA certifying authority; second what constituted a modification that required FAA notification. The Avemco policy had an exclusion which allowed them to deny coverage if an unauthorized modification was made, and flight operations continued. The original limitations were so general and all encompassing in scope that virtually no modification could be made to the aircraft without at least getting a field certification from the FAA, if not re-certification inspection. This would also be accompanied by an associated testing period appropriate to the change, that would be required by the inspector. After the combination was once again "proven" by the test period being successful, normal flight operations would then be allowed and Avemco would have to cover. Minor corrective repairs that return the aircraft to its original state at the time of certification are okay, and only need to be logged properly. The addition of avionics equipment for added safety or utility is permitted as long as the ORIGINAL certified equipment is retained, as long as the weight and balance reflects the installation of said equipment, or if substitutions are made, field approval must be granted by an inspector, which alot of times can happen over the phone, if you can clearly communicate the changes, and fax documentation to the inspector for sign off. Your copies then go in your log. As my DAR explained, when in the test Phase I whatever you test for is what you can do as normal operations in Phase II. Major changes cause an automatic return to Phase I to prove that combination, that can then be used in Phase II normal operations. That is the purpose of the Phase I testing to find problems with your combination and correct them so that when you enter Phase II operations you have a proven combination that is safe, and you just maintain from that time forward.
Colin & Beverly Rainey Apex Lending, Inc. www.eloan2004cr.com crai...@apexlending.com 407-323-6960
