KR pilots and builders,
The FAA sent me a "WARNING NOTICE" for my part in the mishap involving Jim Morehead's KR2, N522PC. Rather than regurgitate all the facts here, the short is this: - I flew the plane for 12.1 hours, including dual time with several other pilots in the 40-hour Phase I test phase. - Per FARs, no passengers may be carried in this phase of flight. - The FARs do not define what a passenger is, nor what an essential crewman is. - It was my contention, based on precedent and a strict reading of the FARs that each person I flew with was a required crew member for those flights. When I was not PIC, I acted as a safety pilot for the other pilot, within the letter and intent of the FARs. The result of the investigation was a warning letter, which stated: "It has been determined that this matter does not warrant legal enforcement action." and "Legal Effect. Neither a Warning Notice nor a Letter of Correction constitutes a finding of violation..." In other words, they did not find anything to hang me on, and believe me, after the dressing down I gave the inspector, they wanted to hang me high. I am not a lawyer, but I do know how to read English. Take my input as completely anecdotal. Only the PIC can determine if another person in the cockpit during Phase I testing is required. I recommend you not try to insist your ten year old is required. I also STRONGLY recommend you NOT CARRY ANYONE unless it is essential to the flight. The big lessons learned for me personally were a) to show others how a KR flies from the left seat is fine, but never fly in the right seat (unless the pilot is well qualified and experienced in THAT KR), b) a person needs to be current in something with performance and handling qualities more closely matched to the KR than a Cessna 150 (five hours in a Cessna DOES NOT MAKE ONE READY TO FLY A KR), and c) KNOW WHAT THE FARs ACTUALLY SAY. My response to the FAA's initial charge of violation, their letter (front side data only), and my e-mail response to it will be on my website at sites.google.com/a/wildblue.net/goodmans/Home/2010-kr2-mishap . Rather than drag this into a thread that most will not be interested in, please write to me offline for any questions or input on this incident. IHS, Dave
