Hi John,

I believe your opinion and mine as to the absence of clear and 
enforceable regulatory requirement regarding replacement or 
supplementation of non-TSO equipment are in general agreement.

Other comments interspersed below.

WRB

On Mar 10, 2009, at 13:44, John Cooper wrote:

> I have remained mute on this subject up till now because I really 
> don't know
> what the answer is.  And I hate to admit that...

Me too.
>
> However, here's my opinion....
>
> The altimeter is a required instrument, per FAR 91.205.  Therefore, it 
> must
> meet some minimum criteria.

That criteria would logically be the non-TSO accuracy required by the 
least accurate
altimeter ever installed in production Ercoupes by a manufacturer for 
any given model.

> For example, you could not install a Timex
> watch with an altimeter function, even though it read out in feet.  
> Neither
> could you install one you got from Sharper Image for your car, even if 
> it
> cost more than the TSO version.

Where is this written?  In the absence of information as to accuracy of 
the least
accurate altimeter ever installed (see above), I would believe one 
could reasonably
research, confirm, and substitute criteria for the least accurate 
altimeter ever installed
(see above) in any CAA-approved certificated airframe from 1940 until 
TSO cane into
effect, showing that the Chin Wah altimeter from Wig Error meets or 
exceeds such
accuracy (which, after over fifty years of manufacturing experience and 
improvements
it almost certainly would...those Chinese MIGS in Korea found our 
Sabres at altitude
near the Yalu River just fine).

This is the "equal or better" performance approach.  Even among TSO 
radios, as an
example, there is no regulation requiring pilot-owners to buy only the 
absolute best
available (for obvious reasons).
>
> The Erco drawing calls for an Aeromarine 520N altimeter.  So, for 
> sure, that
> is a suitable instrument.  Obviously, it was not TSO'd as the concept 
> didn't
> exist then.  So, what constitutes a suitable replacement?  Or, put 
> another
> way, is the Chin Wah altimeter from Aircraft Goose for $200 a suitable
> replacement?  The answer is "it's up to the installer", I think.

Impossible not to agree.  I would, however, point out that in times 
past many transponders
were installed legally without altitude encoding capability; and that 
FAA approval or periodic
re-certification of few, if any, of these installations required 
replacement of a functioning
(and perhaps original) non-TSO altimeter with a TSO'd one.

> Ultimately, the A&P who signs off the install, or, absent that, the IA 
> who
> signs off the next annual, (or the last annual if you as the owner 
> sneak the
> thing in between annuals) will be held responsible for it.

There IS a difference between those A&Ps and IAs who look at who 
chooses them
and signs their "pay check" and those who look at the agency that 
approved their
credential to practice aviation maintenance before making their own 
personal
decision as to whom their expertise and loyalty is owed.

> Now, lets assume
> you are involved in a mid air collision with an oncoming IFR Bonanza 
> at 6000
> feet. The wreckage of you plane reveals a Chin Wah altimeter stuck at 
> 5500.
> Who's to blame?

Most likely the pilot that did not re-set his altimeter according to 
applicable FARs  ;<)
>
> Bottom line, If I'm installing that altimeter, I want some assurance 
> it is
> an aircraft quality part. The TSO is that insurance.  Your IA may view 
> it
> differently, assuming he knows what he's looking at...

I agree that different persons have different priorities and resources. 
  Any question
as to FAA authority, wisdom and necessity to limit access to "OUR" sky 
by citizens
of more limited means willing to carefully and responsibly assess any 
quantifiable
"risk" of relying on non-TSO equipment is not going to be properly 
addresses in this
thread.

Regards,

WRB

-- 
>
> John Cooper
> Skyport Services
> www.skyportservices.net
>
>
>
>
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