"Pro" constuction, design changes without mfg perm

[Wayne G. O'Shea]

First off I apologize for getting Pierre's blood pressure up...his Legacy
(that in fact he has just sold to a gentleman in Attwood) will be fine, in
time, with a little more footwork and phone calls by owner and TC . The
other's I mentioned are still VERY up in the air with at least one of them
owned ("builder of record") by an Easterner and TC down there saying there
is no way they will issue it a flight permit as the guy definitely has not
"personally overseen the construction or assembly of the major portion of
the aircraft" (as per Chapter 549 and the exemption dated April 23, 2002).
Will be a real shame on a $600,000 US aircraft and I hope that he selects a
nice pole (for the lawn ornament)

Another day lost to bureaucracy but felt it was in everyone's best interest
to get an inside "thread" on this issue! No clear cut direction that I can
share at this time.. as I have been asked to keep the draft "instruction"
that the group of us put together today on the QT until it goes into and
comes back from Ottawa (since they may say "no way", let the guy write a
cheque... we don't care!!). What I can share though is that the outcome to
this stage is...as per the Exemption to 549... that the construction of the
aircraft >MUST< be subject to the builders overall control. This does not
mean writing the cheque at the end of the month, but full knowledge of what
the "pro" is doing with your airplane, how it went together, how everything
works etc and you must have full knowledge of all this as you the builder
(owner -check writer) must be the one with the knowledge to get you through
the final inspection..NOT the guy that built it for you.

Also, Ontario TC office accepts all the paperwork that accompanied the
Federal Exemption when it came out outlining such things as Placard changes
and gross weight increases to 5000lbs on amateur builts. Apparently though,
the BC office (that has no problems with design changes to gross weight or
airframe without anyone's permission) doesn't accept the attached paperwork
that came out with the exemption (since they are not referenced in the
signed exemption). They only accept the signed exemption itself "to allow
professional assistance" and "importation of US aircraft". Apparently they
do not recognize the 5000lb gross weight nor the new placards and will only
allow aircraft at the old 3968lb max gross weight to be registered in BC.
Clear as the Frazer river in the spring!!

Solution...keep building... it's worth it in the end! (or drop by the shop
as often as you can if paying someone to do it for you... until this is all
straightened out!)

Wayne



----- Original Message -----
From: "Wayne G. O'Shea" <oifa@irishfield.on.ca>
To: <murphy-rebel@dcsol.com>
Sent: Sunday, February 22, 2004 7:36 PM
Subject: Re: REBEL MTOW

Bob, the first paragraph used to be the accepted fact, in at least

Ontario,

where it was beat into us that you can't change the Designers gross weight
or modify the design with out their permission unless you call it a Jack
Flash special. No longer fact... as the builder is (and always has been)
responsible for end design/construction and TC doesn't want to know what

has

been changed etc as it would be construed that they reviewed and agreed

with

your changes. I don't go along with this logic to the full extent it can

be

taken...like putting 3000lb gross on a Rebel if you so chose..and think
anyone that wants to play too much should at least cut the kit mfg/plans
supplier some slack and change the model name. Even I added a L.E. on mine
to call it a Rebel L.E. to hint there were a few changes performed when I
put mine together.

I have an actual letter from the Acting Chief of Standards from Transport
Canada (Federal Level) in Ottawa that states just this (ie: the builder

does

not need the permission of a kit manufacturer to change the gross weight

or

design) but promised I would never post it on a public forum. Didn't

promise

I wouldn't talk about it!

I am in a closed door - invite only - meeting all day tomorrow at
Buttonville with Ontario Region TC on the "pro builder" debate and hope to
find time to throw this issue across the table as well. Will post the
outcome of the meeting if it's worth posting. Lawn ornaments are immanent

in

Ontario as the Exemption to 549 to allow professional construction is

being

construed to NOT allow someone to completely build an aircraft for you,

and

you the "builder of record" is expected to fully understand the

construction

and function of EVERYTHING. Think they are going to (try and) make the

first

lawn ornament example out of 4 pressurized/turbine Lancairs in Lindsay!

(or

possibly someone's Legacy that's currently having a Rebel done for him at
PH!).

Cheers,
Wayne

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