OK, I just talked with Joe Norris at the EAA.

Please remember that neither he nor I are lawyers nor FAA officials.  This
is simply my recording of our discussion and our best attempt to clarify
this issue based on our knowledge.

Here are the possible cases:

1.      The airworthiness certificate is now and has always been for a 415-C
or 415-CD model and the are no maintenance documents showing conversion to a
higher model - no logbook entries, no form 337 on file with the FAA, no
modification of the data plate.  Good to fly as LSA
2.      The airworthiness certificate is now and has always been for a 415-C
or 415-CD model however there are log book entries that show conversion.
Assume it is not valid to fly as LSA
3.      The airworthiness certificate is now and has always been for a 415-C
or 415-CD model however there is a form 337 on file with the FAA that shows
conversion.  Assume it is not valid to fly as LSA
4.      The airworthiness certificate is now and has always been for a 415-C
or 415-CD model and the log books were lost and there is no form 337 on file
with the FAA, no modification of the data plate.  Good to fly as LSA
(Should not be a problem if the logbooks were lost prior to release of the
SP/LSA rule and you have recent replacement log books, but, beware of
possible challenge if the log books were lost more recently.  The FAA might
well be suspicious and talk to prior owners. Ed)
5.      The airworthiness certificate is now and has always been for a 415-C
or 415-CD model and the are no maintenance documents showing conversion to a
higher model - no logbook entries, no form 337 on file with the FAA, no
modification of the data plate.  However, the registration shows or, in the
past, showed an incorrect model number.  Joe says this is a frequent
paperwork glitch and has no bearing.  If it's wrong now, correct it. Good to
fly as LSA
6.      The airworthiness certificate is now and has always been for a 415-C
or 415-CD model and the are no maintenance documents showing conversion to a
higher model - no logbook entries, no form 337 on file with the FAA, no
modification of the data plate. However, someone incorrectly told an
insurance company the model was a D or later.  Joe says this is a paperwork
glitch that has no bearing on LSA status with the FAA. Good to fly as LSA

I think that covers all the relevant cases.

Joe mentioned that pretty much everyone agrees that it'd be proper for there
to be an exception or divergence issued for the special case of these
Ercoupes.  That's something that'd have to be done through the type club at
least and may require other assistance.  I have heard that Skip is working
on this and has such cooperation.  Whether there will be success or not,
we'll have to wait (perhaps years) and see.

Ed

 

Ed Burkhead

http://edburkhead.com/Ercoupe/index.htm 

ed -at- edbur???khead.yyy       change -at- to @, remove the ??? and change
yyy to com

 

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