Chill man, if the logs are complete it should be pretty easy to tell what is LSA or not but folks on this list are just trying to help with educated answers. No one is giving legal advice and I can't imagine anyone taking it as such.
Kevin --- In [email protected], "David Winters" <[EMAIL PROTECTED]> wrote: > > Guys, > > THIS IS NOT LEGAL ADVICE. IN FACT THIS IS LEGAL UNADVICE. (Sort of > like an UN-birthday party for Alice in Wonderland.) > > FORGIVE ME IF I RANT A BIT. > > We in our little closed Ercoupe society have generated a little legal > world all our own. In it we have passed around our own little legal > opinions, and the more we tell them to each other, the more we believe > them. > > We have, for example, assured each other that we have established the > metes and bounds within which the LSA classification is valid, or not > valid, for our lovely birds. > > But, it is (using technical legal terminology) a load of hooo haaaa. > > We, in our imaginary little legal world, are deluding ourselves. > > Our personal opinions of law are just personal opinions, and no more. > > What the "plain meaning" of the LSA rules really is can only be > definitively discerned AFTER some judge tells us what the plain meaning > is, and not before. Apparently, that has not yet happened. (Even FAA > opinions are not legally binding when a judge gets hold of them.) > > CASE IN POINT: Many of us, apparently, have "C" registered coupes with > all the bells and whistles of a "D" model. We are telling each other > they are not LSA eligible, cuz' they have logbook 337 entries, have > probably been flown at 1400 lbs, etc. > > Well, MAYBE THEY ARE ELIGIBLE AND MAYBE THEY AIN'T. Our little opinions > do not amount to a hill of lima beans in the world of law. > > For sure, whether or not somebody actually (illegally) flew a "C" > registered bird overweight, like a "D" model, and whether that makes it > LSA ineligible is NOT a question to which we know the answer. > > I CAN say that, as I understand to the law books I occasionally peruse, > under very well recognized rules of legal interpretation, a model "C" is > a model "C" is a model "C", whether it has been illegally overloaded or > not. (Depends upon the intent of the legislators.whatever that was.) > > (Remember that if it is still registered as a "C", then any load over > 1250 lb is apparently unlawful, even if it has the "D" conversion > installed.) > > Under that interpretation, it apparently would be LSA eligible. But, I > shonuff don't know what a judge would say. And that is all that counts. > There are OTHER rules of legal interpretation besides those of intent. > So, I can offer this merely as one possible personal opinion. > > With respect to INSURANCE questions, I can also say that, as I > understand the law books I peruse, unless use of the bird as an LSA > materially contributes to an accident, then that LSA status is > immaterial to after-accident issues of an insurance company. But, that > is merely one personal opinion, also. > > THEREFORE, I OFFER TWO POINTS IN CONCLUSION: > > 1. I DO NOT KNOW EXACTLY WHICH ERCOUPES QUALIFY AS LSA BIRDS. > 2. NOBODY ELSE KNOWS EXACTLY WHICH ERCOUPES QUALIFY AS LSA BIRDS. > > * Some 'Coupes are unquestionably LSA eligible. > * Some 'Coupes are unquestionably NOT LSA eligible. > * Many 'Coupes appear to be up for grabs on the LSA question. > > For sure, nobody in this group can authoritatively answer the LSA > eligibility question for a model "C" 'Coupe that has been physically > altered to make it like a model "D", but never registered to be legally > flown as model "D". > > So, everybody is on their own in this question. We can quote the regs > on the subject 'til the cows come home. But, we need to STOP offering > our legal opinions on the subject as if we know what we are talking > about, because NOBODY HERE KNOWS THE ANSWER..INCLUDING ME. > > In further shortened form, > MY PUBLICALLY OFFERED OPINION AS AN ATTORNEY IS, "I DUNNO." > (You may quote me.) > > (Yes, I do, also, have my own personal opinion, and that opinion is..to > quote Thomas Jefferson..."personal.") > > Dave (the grouch) W > > -----Original Message----- > From: [email protected] [mailto:ercoupe- [EMAIL PROTECTED] > On Behalf Of Richard Green > Sent: Saturday, January 26, 2008 5:51 PM > To: [email protected] > Subject: [ercoupe-tech] CD and D Models > > I got an FAA record return for an aircraft I hope to buy. The Coupe > left factory as a CD in 1947. > > Only one bill of sale in late 1947 and the associated registration > application for that same sale says D rather than CD. All other > registrations and bills of sale (and there are numerous)say CD or > don't note the model (early records in the 47, 48, 49 and 50's don't > note the model in the registration cert.). > > To my knowledge W&B was not upped to 1400 pounds. All 337's in FAA > records provided say CD model. > > I am guessing this might be a killer for LSA as there is at least one > registration way back yonder (1947) that says D. I also suspect they > just weren't careful in the documentation because they didn't need to > be then. > > Am I correct in my assessment that the a/c is disqualifeid for LSA > based on this documentation? I don't think the current owner knows > this yet. Will be calling to talk to him. Best regards. >
