My thoughts are that taking a KR-2 (or other) that is 99.99% complete and then completing it does not preclude certificating the aircraft as experimental amateur built. AC20-27F Appendix 1, definition of Major Portion, makes it crystal clear that you can count the construction efforts of previous builders. This definition, although it does not specifically apply in AC65-23A, might be used as part of an arguement that you are the primary builder in your pursuit of the repairman certificate for this aircraft. If you won this arguement, you would still have to "demonstrate to the certificating FAA inspector ....(your).... ability to perform condition inspections and to determine whether the subject aircraft is in a condition for safe operation." I think this is normally "demonstrated" by showing your builder's log, but it seems this could be demonstrated some other way, for example, you built most of another KR and then sold it (and have evidence supporting that fact). I don't know if there is anything that requires that you have built 51% to get the repairman certificate (Apparently not, because, if a group of people build a plane, one may be considered to become the repairman for that plane.) It is clear, however, that you can get the airworthiness certificate without having built 51% yourself. Much depends on your FAA office as well as the individuals supporting that office, especially if you are not armed with a knowledge of the regulations and other guidance material.
FURTHER READING-----(For more than you wanted to know.) Read AC 65-23A & AC 20-27F (You should read these documents if you are contemplating building and becoming the repairman for an experimental amateur built airplane.) References in the regs (65.104) and the AC (65.23A, paragraph 6.c) both use the words "primary builder". To me, primary could mean first, one who did the most, or the one who's taking responsibility for the whole thing. In this case I tend toward the last one as he is the person taking all the responsibility and getting the airworthiness certificate and the excerpt below from AC 65-23A requires that application for repairman be made at the time of original certification of the aircraft. AC 65-23A, 6.c., gives some examples of primary builder. Also see the definition for "Major Portion" AC 20-27F, Appendix 1. >From AC 65-23A 6 ELIGIBILITY. An individual desiring to be certificated as a repairman is required to: a. Make application for a repairman certificate (experimental aircraft builder) at the time of original certification of the aircraft. Builders who have had their aircraft certificated prior to the effective date (September 10, 1979) of revised FAR Section 21.181(a)(3) and new FAR Section 65.104 may make application for repairman certification prior to the next condition inspection due date. b. Be a U.S. citizen or an individual of a foreign country who has been for permanent residence in the United States. c. Be 18 years of age or older, and the primary builder of the aircraft. For example, when a school, club, or partnership builds an aircraft, only one individual will be considered for a repairman certificate for each aircraft built, such as the class instructor or designated project leader. d. demonstrate to the certificating FAA inspector his or her ability to perform condition inspections and to determine whether the subject aircraft is in a concition for safe operation. >From AC 20-27F Appendix 1 Major Portion. When the aircraft is completed, the majority of the fabrication and assembly tasks have been performed by the amateur builder. >>>>>> When you purchase a partially completed kit or aircraft, the major portion includes the construction efforts of the previous amateur builders.<<<<<<< Ken Jones, kenbjo...@cinci.rr.com Sharonville, OH N5834, aka The Porkopolis Flying Pig > ----- Original Message ----- > From: "Deb Unternaehrer" <deb...@mcmsys.com> > To: "KRnet" <kr...@mylist.net> > Sent: Tuesday, September 13, 2005 7:26 PM > Subject: Re: KR> KR2 on eBay > > >> I think this is one of those "problem childs" according to the FAA. You >> can't register it Exp, amateur built, because you can't prove you built >> it >> (51% rule) and it stalls to fast to meet Sport Pilot rules. Bob U. >>
