TABLE 1 PROPOSED GRANDFATHERING POLICY
Scenario Kit Evaluation Status
Use of Commercial Assistance
(C/A) Status
1) ELIGIBLE KIT
(Listed prior to 2/15/2008)
No Major Change by Kit
Manufacturer
No Commercial Assistance
Impact on Kit Manufacturer
(Eligible Kit)
Fabrication/Assembly Checklist in
effect on date of kit evaluation used
for FAA Eligibility
Impact on Builder
(Eligible Kit + C/A evaluation)
Prior Policy may be used to determine major portion.
New Policy used for all kits placed on the eligibility list after
New Policy effective date.
2) ELIGIBLE KIT (List prior to
2/15/2008)
No Manufacturer Change to Kit
Commercial Assistance used
by builder
3) Non-evaluated Kit:
Sold by manufacturer BEFORE New
Policy effective date
Fabrication/Assembly Checklist in
effect on date of kit evaluation used
for FAA Eligibility
NO IMPACT (Kit never evaluated)
Previously Eligible Kits sold after effective date of New
Policy; use New Policy, but may use old FAA Form 8000-
38.
New Policy used for all kits placed on the eligibility list after
new policy effective date.
No C/A used: Builders option to choose Prior Policy or New
Policy used by FAA representative to determine major portion.
C/A used: New Policy must be used to determine major
portion.
4) Non-evaluated Kit:
Sold by manufacturer AFTER New
Policy effective date
NO IMPACT (Kit never evaluated)
Commercial Assistance is immaterial.
New Policy must be used to determine major portion.
5) ELIGIBLE KIT previously on
FAA Listing with subsequent Major
Change to kit and no FAA re-evaluation, and sold BEFORE new
policy effective date.
NO IMPACT if manufacturer does not
seek re-evaluation.
No C/A used: Builders option to choose Prior Policy or
New Policy used by FAA representative to determine major
portion.
If manufacturer seeks re-evaluation
for kit modifications use New Policy
after implementation date.
C/A used: New Policy must be used to determine major
portion.
6) ELIGIBLE KIT previously on
FAA Listing with subsequent Major
Change to Kit and no FAA re-evaluation, and sold AFTER new
policy effective date.
NO IMPACT if manufacturer does
not seek re-evaluation.
If manufacturer seeks re-evaluation
for kit modifications use New Policy
after implementation date.
No C/A: Builders option to choose Prior Policy or New Policy
used by FAA representative to determine major portion.
C/A used: New Policy must be used to determine major
portion.
will clearly state the percentage of work the manufacturer
has contributed to the kit. For example, if the manufacturer
did 41 percent of the listed tasks to build the aircraft, the
amateur builder has an additional 8 percent of tasks that
may be done commercially and still meet the more-than-
50-percent rule. If, however, the kit comes in at 49 percent
complete and the builder had a commercial vendor do
any of the tasks on the list, that task is removed from the
builder’s portion and the builder can no longer qualify as
having built the major portion of the kit. Consequently,
it won’t be eligible for certification as an amateur-built
aircraft. It behooves all builders to become familiar with
the policy and learn how to comply with it.
The new policy also calls for much more precise record-keeping by builders. For instance, an exact record of what
commercial work is performed by others, as well as what
pre-fabricated components are used, must be kept. This
does not mean that a friend can’t help you buck rivets, but
if you farm out the bucking to a for-hire individual, that
part of the task is removed from your “major portion” total
and applied to the commercial column. The level of “task
credit shifting” will be decided by the local inspector. Wisely
then, before any commercial help is used, it is suggested
that a clear understanding be reached in writing with the
FAA inspector as to any impact the proposed commercial
work may have on major portion eligibility.
The FAA is also requiring that the airframe logbook,
which records commercial help, also contain signatures/
sign-offs of any individuals who inspect the aircraft during
construction. Although they have no official standing, it
