Light Sport Flying With In Flight USA - January 2011

What the Heck is an E-LSA?

By Ed Downs

The subject of aircraft certification, be it standard, special or experimental can make even the most geeky tax lawyer think they have fallen down the rabbit hole, especially when talking about Experimental aircraft.  So let’s keep this month’s column about the real world of buying, selling and using an E-LSA airplane.  The fact is, one is very likely to come across a “for sale” ad featuring an E-LSA that can look inviting.  The price may be quite attractive, but just what the heck is an E-LSA?

First, let’s take a general look at any airplane that is certified as an “Experimental” airplane.  Actually, there is no such thing as simply an “Experimental” airplane, even if the word “Experimental” is clearly written on the side of the plane.  Experimental certification always carries a second word (or two) which describes what sub-part of Experimental we are talking about, and there are numerous sub-parts.  For example one might see a  nifty little RV-12 (it meets the FAA definition of an LSA) from Van’s Aircraft sitting on the ramp with the word “Experimental” prominently displayed.  This RV-12 may have been sold as a kit that meets the new FAA “51% rule” and was certified as Experimental-Amateur Built.  This means the builder of the plane can perform all of his/her own maintenance, make changes to the design (including engine changes) conduct the annual condition inspection and pretty much fly when and where he/she wants.  Sitting next to that RV-12 might be a weird looking war bird from some country whose name you cannot pronounce, made by a manufacturer best known for cranking out refrigerators that do not work.  Our “war bird” will also have the word “Experimental” clearly displayed, but is certified as Experimental-Exhibition.  This critter may have significant maintenance issues and require each and every flight to be approved by the FAA.  Get the point? 

Not all Experimentals are treated equally.

Let us now assume that our fictitious ramp has yet another RV-12 parked on it, again with the word “Experimental” emblazoned in plain view.  But a closer look at the paperwork states that this RV-12 is certified as an Experimental-LSA (E-LSA).  This is possible because the good folks at Van’s built a single, ready-to-fly version of the RV-12 that met all of the ASTM Consensus Standards and was certified as an S-LSA.  Having certified that single airplane as a S-LSA, Van’s is now allowed to produce a kit version of the RV-12 that does NOT have to meet the “51% rule” of an amateur built aircraft, and may be delivered more than 51% complete.  This E-LSA version of the RV-12 MUST be built exactly as the original S-LSA version (no modifications) and meet strict QA standards defined by the factory. The builder/owner may perform maintenance on the completed airplane, but may not conduct the annual condition inspection unless he/she has completed an FAA approved, 16 hour, training program. This E-LSA version of the RV-12 may not be used for commercial flight training (like in a flight school) but may be flown by the owner for recreational purposes(including personal flight instruction), with few restrictions. The good news about owning the E-LSA version of a certified S-LSA airplane is that you know it meets stringent certification standards and can be delivered almost ready-to-fly. Also, once certified as an E-LSA (remember, exactly like the original S-LSA), the E-LSA can be modified as the owner desires, just so long as those modifications do not take it out of the FAA definition of an LSA. Okay, that was not too confusing, so let’s take the next step.

A news release from the EAA was issued in November, 2010, about a Letter of Deviation Authority (LODA) for commercial training operations of E-LSA aircraft. It addressed a version of the E-LSA certification process that is completely different than that just described. Remember, the creation of the LSA definition and certification process was, in part, an attempt to bring illegal, fat, two place ultra light training aircraft (no “N” numbers or certification of any kind) under some form of a certification and inspection process. Basically, when the Sport Pilot rule was passed in autumn 2004, owners of these illegal, fat, two place ultra light training aircraft were told “the jig is up, you can’t keep flying these illegal airplanes forever.” But the FAA realized that these trainers were providing a commercial service and successfully training reasonably safe ultra light pilots. So, the FAA came up with a remarkably neat compromise. Basically, the FAA said, “You can keep flying these illegal ultra lights as commercial trainers for four years (2008), after which they become a lawn ornament, unless you certify them as an E-LSA, using a very simplified inspection process. If you go the E-LSA route, the PIC must be at least a Sport Pilot, and commercial training use may be extended until January, 2010. After the January, 2010 date, these converted ultra lights may be flown recreationally only, no commercial flight training.” Again, these E-LSA’s can be maintained by the owner, but the annual condition inspection must be done by a certified mechanic or owner who has received a special 16 hour training course.
Actually, it was a fair deal. It was expected that by 2010, a bunch of former ultra light manufacturers would have brought their designs up to ASTM Consensus Standards and have them ready-to-fly for under $40K. That did not happen. As it stands now, the two place ultra light trainers that were in use to commercially train the legitimate single place ultra light owner may no longer be used. New S-LSA’s cost far too much for ultra light schools to purchase and the safety of legitimate, single place ultra light flying is at serious risk. Owners of these E-LSA “ultra light trainers” have been asking the FAA to initiate a Letter of Deviation Authority (LODA) process that would allow reputable ultra light schools to seek an exemption to the rule that now forbids them from using their E-LSA’s for commercial training. The fight is on and the EAA is carrying the banner on behalf of safety and common sense.

So there, in a nutshell, is the story of E-LSA’s. Buyer beware! You stand a good chance of getting a nice airplane if looking to buy an E-LSA that is based upon an S-LSA like the RV-12. But, be sure to see if that E-LSA has been modified AFTER the E-LSA certification in a manner that might affect safety or operation. Remember that an ultra light design that was “grandfathered” into an E-LSA certification status may have met few, if any, design or manufacturing standards. Finally, keep in mind that simply having an “N” number on an airplane does not mean that it has met any particular certification standard. Obtaining an “N” number is simply a registration process that can be done on the web and has nothing to do with certification of the airplane.

Obviously, a reader who is considering getting into the experimental world of E-LSA’s must take the time to learn the in-and-outs of how the rules work. Start your search for more information at www.eaa.org. Be very careful when talking to your “local expert,” e-mail list participant or blogger. Experimental certification is a shadowy, but wonderful world that can offer some great ownership deals. Just be sure you know what you are getting into!