Airfoil92 wrote:Ok... here is the scenario.
IA buys a plane
IA flew and crashed the plane out of annual and not registered NTSB- substantial damage, ripped the gear off it.
NTSB lists it as "Substantial damage" Gear ripped off and prop strike
IA owns and fixes the aircraft over 25 years
IA never logged or submitted anything stating the damage
IA put 2 hours total time on the aircraft over 25 years. He wrecked it and parked it. Then fixed it and sold it.
New owner looked it over and bought it. Then 2 months go by and the new owner can't register it. During the search for the new owner finds an NTSB report about the crash. The prop has 2 hours on it since new as well.
Here is the sequence of events.
IA buys, flys and crashes his new toy
IA puts a new prop on it and fixes the damage.
IA never logs the damage, new prop (according to logs he did log that part), repainted the aircraft etc
IA sells the airplane
New owner can't register it.
New owner digs around for previous owner info for registering. New owner finds the NTSB report and no signs of repair, has logs since new. All accounted for
I feel bad for this guy but I don't know much legal recourse he has at this point. Its obvious the IA crashed and covered up his damage. It's interesting the IA flew and crashed it out of annual and unregistered as well. Going to be interesting to see how it works out.
Like a lot of discussions on BCP, this one is mixing a few apples and oranges and the end result is somewhat fruity and therefore not very satisfying for the OP. Let's assume this plane was bought by this pilot and is in his possession but he is now unhappy with his hindsight discoveries.
Does he want to get his money back and return the plane to the seller? Then get a lawyer and pursue the manner through the court system which then may trigger the FAA getting more involved than they already are. Not much more help can be provided here at BCP if this is the route he is going.
However if he has decided to keep the a/c and untangle this mess then here is what I would do.
1. Forget about the FAA's and the IA's regulatory issues. Not his problem and it will make it much more difficult to move forward on making the a/c airworthy
2. Work on getting the airplane registered. If it has no liens, leases or security issues then I can't see what is preventing the a/c from getting reregistered. If the N number was reissued to another a/c then a new number would need to be issued. Since the registration has apparently expired, the airworthiness certificate also needs to be renewed. The two documents go hand in hand and the local FSDO agent the owner deals with will be the best person to clarify the process. The a/c does not have to be airworthy to be registered or have a valid airworthiness certificate.
3. Once the above is complete the plane can be readied for flight. If the owner needs to move it to another location for an annual inspection/repairs then he could disassemble and trailer it or if an A&P determines it safe for flight he could get a oneway ferry permit.
4. Engine: If it had a known prop strike and does not have a documented disassembly, inspection and was reassembled per the manufacturers guidelines, then he needs to do that or overhaul or replace the engine with another airworthy engine. If torn down and inspected/repaired, then log that work and sign off as airworthy. If overhauled, then start a new log as is done in many instances. Different engine will include it's own log and the old engine log goes away with the old engine.
5. Prop: As I understand the situation a new prop was put on the airplane and flown 2 hours or maybe not at all?. If it has a log than do a standard annual inspection and comply with all the usual A.D.s. No log?, then do an overhaul and start a new log.
6. Airframe: Do an annual inspection and look at every thing in great detail, which should be done at each annual anyway. Once the inspection/repairs/maintenance is complete, make a detailed log entry stating everything the was done and a description of what knowledge is known about undocumented repairs as it pertains to the maintenance and airworthiness of the a/c.
7. Cleanup the paperwork as part of the annual, like is suppose to be done on any a/c: Weight and balance, current equipment list, A.D. list, operators manual, etc.
8. Go fly!
Now on another note, I would wager that the FAA is already aware of the accident if there was a NTSB investigation/report. The IA may already be up to his eyeballs in legal issues pertaining to his IA, A&P and PPL. Does not prevent him from selling the a/c, and any fraud during the sale would not be something the FAA would be in charge of regulating I would think.
Hope the guy got a good deal on the purchase!