I'd suggest that Paul has his finger on the pulse of the real problem
here. It is not one of regulations, facts, or owner/mechanic opinions.
A "system" of government defined by law is increasingly predictable as
to interpretation and application, and a useful guide to the average
person as to appropriate and acceptable action or behavior. A system
defined by men is the opposite, changing with the occupant of each
chair and their personal preferences, therefore unpredictable and, in
essence, a new "throw of the dice" every time of uncertain result which
has resulted in the unprecedented proliferation of lawyers in these
United States and their disprortionate influence over all of our lives.
Federal regulations in general, and Federal Air Regulations in
particular, have the intent and effect of law. Since there were no
such at the time the founding fathers were framing our federal
Constitution, it is my belief that constitutional mandates that judges
"follow the law" and guarantees that laws be enforced and such
enforcement be equally applied to one and all should be directly
applicable to the interpretation and enforcement of such regulations.
In the same sense we, the people who own and/or operate aircraft, are
deserving of an impartial, even and knowledgeable administration.
But "knowledgeable administration" has progressively deteriorated since
the the FAA ceased to require an engineering degree of those it hired
in an engineering capacity. People who do not have engineering
competence lack the ability to perform their job description, therefore
they have progressively ceased to do so. Such people are still paid at
the same rate, but their approvals do not constitute "approved data".
Aircraft owners are increasingly required by these same individuals to
hire (at increased expense) others (designated representative
engineers) to do what their tax dollars should have already paid for.
Worse, these individuals are meaningful accountable to NO ONE that
funds their salary or promotions.
Paul's words clearly evidence the fundamental and unconstitutionality
inequity in the very reality of how the FAA operates to "divide and
conquer" the mechanics and owners it exerts absolute authority over
even as it assiduously and predictably limits or otherwise avoids the
concurrent responsibility that would rightfully attach to the regular
exercise of such power.
Every word Paul speaks is the absolute and unvarnished truth, and
reveals the very means by which otherwise honorable, responsible and
knowledgeable mechanics are coerced so as to act to preserve today's
reality that they cannot actively advocate in support of the aircraft
owners who hire them and pay for their services.
When everyone has submitted and given up, it will not be the meek who
inherit what is left. It will be the bureaucrats who reign supreme
over that which free men built.
(off soap box)
William R. Bayne
.____|-(o)-|____.
(Copyright 2010)
--
On Feb 4, 2010, at 13:11, Paul M. Anton wrote:
I'd welcome a discussion of any different opinions based on FACT, not
word-of-mouth ("My mechanic or FBO told me it has to be TSO..." "The
catalog says it's non-TSO, for Experimental Aircraft Only" are
hearsay, IMO). Also, I'd love to hear from A.I.'s with different
opinions and how they arrived at them.
Despite what the regulations might state, sometimes other factors
enter into the equation. When I was supervised by the Seattle FSDO I
had a very liberal Primary Maintenance Inspector. He granted me many
field approvals that other were having problem pushing through the
system
Now when I mentioned that I was overseeing restoration of an Ercoupe
and we were going to be using some non-TSO’d stuff he actually
blanched. No amount of reason was going to change his mind. When I
pressed the issue he referred me to engineering. So what was I to do?
No way was I going to press the issue. While I might have argued that
I was right, I’d never get another 337 approved.
Now that I have moved to Arizona, and am supervised by another FSDO, I
will probably have an entirely different set of rules to adhere to.
Cheers:
Paul
N1431A
2AZ1
A&P IA
