Can someone help me with references to regs and publications on the limitations one would have in building a kit airplane?

Some of the things I'm referring to are:

1) IFR operations
2) Giving instruction in the airplane
3) Sharing expenses with passengers (NOT for hire)
4) Using as an aerial platform for property survey, photography, etc (this would potentially be for hire).
5) Selling the airplane down the road
6) Maintaining the airplane.

I'm not asking for you all to do the work for me, but to just help me get started on those references so I can do the reading myself.

I'm a long way from acquiring an airplane and just trying to determine if a production airplane or a kit would be the way to go.

Thanks

You need to define your mission with greater detail. As you learn more about specific aircraft, you'll find that although it may excel in one aspect, it falls short of another making it an unlikely candidate for what you need it to do for the type of flying you have in mind. EAB vs Type Certified is a whole other discussion once you get the mission profile established. I can say that EAB will limit you considerably for commercial operations. If you have no intention (here again, I'm guessing, since we have no mission profile details) of getting paid to fly it may be an option.

How much weight do you need to carry?
How far?
What type of landing zone will you be using?
Are you going to compensated?
What's your budget limitations?
Do you have a requirement to be able to work on it yourself?
Etc.

Flying Forester wrote:Can someone help me with references to regs and publications on the limitations one would have in building a kit airplane?

Some of the things I'm referring to are:

1) IFR operations
2) Giving instruction in the airplane
3) Sharing expenses with passengers (NOT for hire)
4) Using as an aerial platform for property survey, photography, etc (this would potentially be for hire).
5) Selling the airplane down the road
6) Maintaining the airplane.

I'm not asking for you all to do the work for me, but to just help me get started on those references so I can do the reading myself.

I'm a long way from acquiring an airplane and just trying to determine if a production airplane or a kit would be the way to go.

Thanks

Can’t quote regs, but here’s what I know after hearing these questions before (others, please feel free to correct or append):

1. IFR - no problem. Just equip it for how you plan to fly it.
2. Giving Instruction - nope. You can petition the FAA for a LODA so that you can give transition training in your plane, but they’re hard to get based on a fellow Bearhawker that does transition training in his plane. You *can* receive instruction in your own plane, however, if you find an instructor willing to do so.
3. Sharing expenses - no problem
4. Photo ship (et al) - no problem. You can use your own homebuilt *in support* of your business. But you can’t hire a homebuilt (rent it out).
5. Sell your homebuilt - it sells like any other airplane. Market will dictate what you can sell it for, of course. There are stories about seller’s liability out there that are exciting sometimes.
6. Maintenance - you can do all the maintenance on your homebuilt, or any modifications you care to make. If you built the plane and have the Repairman’s Certificate issued when it’s signed off, then you can also do the annual Condition Inspection (comparable to the certificated plane’s annual inspection). If you didn’t build it, or didn’t apply for the Repairman’s Certificate, then a licensed A&P (not necessarily an IA) will need to do your condition inspection.

1) IFR operations
Can definitely be done, if properly equipped. Same equipment requirements as for "certified" aircraft.
2) Giving instruction in the airplane
Not so sure about this. I know that you can receive instruction in YOUR plane, but I don't know if you can provide instruction for hire...
3) Sharing expenses with passengers (NOT for hire)
Perfectly legal, as long as you meet the same criteria as would be legal for "standard" category certified aircraft. The FAA is very sensitive about this, however, and there are lots of very specific rules about this to prevent people operating what the FAA considers to be "under-the-radar-airlines"... As a general rule, if you're going to the same place for the same purpose, that should pass muster for splitting the fuel (and oil, if any) costs, but I don't believe you are allowed to receive compensation for engine wear, etc.
4) Using as an aerial platform for property survey, photography, etc (this would potentially be for hire).
Definitely NOT allowed for experimental category.
5) Selling the airplane down the road
No issues, other than the ever-present potential liability issues. Look at Barnstormers, Trade-a-Plane, and other sites –
they are filled with EAB aircraft offered up for sale.
6) Maintaining the airplane.
Anyone can perform maintenance on an EAB, and the annual condition inspection can be signed off by an A&P (does not require an IA). The original builder can get a "Repairman Certificate" for the specific airplane he/she built, and with that certificate they can also sign off the annual condition inspection. Although upgrades and changes can be made fairly liberally (and again signed off by whoever does the work), there are certain upgrades that might require you to put the airplane back into Phase I test flight status for a period of time, but those are less common.

JP256 wrote:4) Using as an aerial platform for property survey, photography, etc (this would potentially be for hire).
Definitely NOT allowed for experimental category.

Maybe I confused this with certificated?

Chris In Marshfield wrote:

JP256 wrote:4) Using as an aerial platform for property survey, photography, etc (this would potentially be for hire).
Definitely NOT allowed for experimental category.

Maybe I confused this with certificated?

This is a much disagreed upon topic. IMO there is nothing definitive about it. The reg says no persons or cargo for hire in an EAB. Some guys say when flying to take pics the camera guy is a person in the plane for hire. I think that’s a stretch.

whee wrote:

Chris In Marshfield wrote:

JP256 wrote:4) Using as an aerial platform for property survey, photography, etc (this would potentially be for hire).
Definitely NOT allowed for experimental category.

Maybe I confused this with certificated?

This is a much disagreed upon topic. IMO there is nothing definitive about it. The reg says no persons or cargo for hire in an EAB. Some guys say when flying to take pics the camera guy is a person in the plane for hire. I think that’s a stretch.

I can't find it right now, but there was an AOPA or EAA article published a few years back that quoted from a formal FAA legal opinion letter that specifically addresses this (aerial photography). IIRC, you can take aerial pictures and give them away. But if you charge anything at all for the photos it becomes "commercial operation"... And your experimental airplane cannot be used for that type of activity. It stuck in my mind, because I had been reading about a guy who modified his EAB to install a camera port in the floor for aerial photography (aerial mapping, crop reporting, etc.), and I initially thought "What a great way to create some part-time income in retirement." Nope - can't legally do it. (Besides, nowadays, the drone guys would kill you on price alone...)

This is one of those FAA "hot button" issues – commercial operations without properly certified pilots, aircraft, etc. The EAA in particular wants to make sure people don't abuse the privileges EAB gives us, so that the FAA decides that more restrictions need to be created...

Thanks for expounding Jim. I'll have to look up that FAA opinion letter. Interesting how how you can do aerial photography without a commercial license but somehow it precludes you from using your EAB because it is a commercial operation. But it is the FAA we are dealing with...

Side note. Drones are great for small geographical areas but when mapping large areas doing it in a GA plane is still very efficient. A buddy of mine mapped a 14,000 acre wildfire and did it for 1/10 what one of the large drone operations wanted to charge for it while still making a good wage.

whee wrote:

Chris In Marshfield wrote:

JP256 wrote:4) Using as an aerial platform for property survey, photography, etc (this would potentially be for hire).
Definitely NOT allowed for experimental category.

Maybe I confused this with certificated?

This is a much disagreed upon topic. IMO there is nothing definitive about it. The reg says no persons or cargo for hire in an EAB. Some guys say when flying to take pics the camera guy is a person in the plane for hire. I think that’s a stretch.

We have the same problems over here. It's like a guy getting paid for flying the mail run on a Private Pilot's license. It happens, but it's not really 100% clear that it's fully within the rules.

My initial reaction was definitely NOT allowed, if you are being paid to take photos for a third party. If you are taking the photos for yourself, for your own business, or using the plane for personal transport as part of your own business, then I think it gets very grey.... I would be tempted to say it's OK, but very hard to know with certainty.

The other questions from the OP have been answered correctly, in my view.

Not much to add compared to what has already been stated, but:

1. IFR: the standard verbiage in the Ops Limits is "After completion of phase I flight testing, unless appropriately equipped for night and/or instrument flight in accordance with 14 CFR 91.205, this aircraft is to be operated under VFR, day only."
As long as your ops limit says that, then yes, IFR is fine if you're equipped. Some ops limits have been written without the "unless" phrase, in which case your stuck with day VFR until you convince the FSDO to give you a new operating limit. Not usually an issue, but something to look for if you are either building or buying.

4. Commercial ops: regardless of the interpretation, you CANNOT deduct expenses in EXP AB for that or charity flights (which you can do) from taxes.

Experimental IFR

Experimental Aircraft operating limitations are found in 91.319. These aircraft must have operating limitations issued by an FAA FSDO which are considered a condition of the issuance of the airworthiness certificate.

An experimental aircraft may be operated under IFR provided the operating limitations specifically authorize it. To obtain IFR authorization, the owner would need to demonstrate to a FSDO inspector that the aircraft is properly equipped and would be able to operate safely in the system.

Translated into plain English, this means that experimental aircraft and certificated aircraft have identical equipment requirements for operation under IFR (91.205). The difference is that a properly equipped Cessna can be operated under IFR based on its configuration but an experimental aircraft must receive permission (operating limitation) based on an application where the owner must first demonstrate compliance to the FAA.