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Use Of A Registered Agent's Address On An Application For Aircraft Registration Is Not Acceptable

Many companies organized as corporations or limited liability companies routinely use a registered agent in states where the company does business. This is especially true when a company is set up under the laws of other states, such as Delaware. And a company's use of a registered agent and the agent's address is certainly acceptable in many business contexts. However, the FAA recently issued a Legal Interpretation rejecting this practice when an applicant submits an FAA Form 8050-1 Application for Aircaft Registration.Federal Aviation Administration

The FAA gave two reasons why this practice is unacceptable: (1) the registered agent’s address is not the mailing of the applicant; and (2) the registered agent’s address is not the physical address of the applicant. The FAA stated "if the applicant’s physical address is not listed on the Form 8050-1, it is our opinion that the Application for Registration is not completed in accordance with 14 C.F.R. §47.31(b)(1)." Additionally, §47.45 requires that an applicant/aircraft owner provide a physical address/location if different from a new mailing address.

Although a registered agent is permitted to sign an application for aircraft registration on behalf of the applicant/aircraft owner, the applicant must comply with §47.13 (the agent must sign as agent/attorney-in-fact and include a power of attorney signed by the applicant/aircraft owner). And even then the aircraft owner's address must be used on the application (because the application asks for the owner's address, not the address of the owner's agent).

If the FAA determines that a registered agent's address has been used, the FAA will reject the application. This will result in delays in getting the aircraft's registration transferred to the applicant/aircraft owner and in obtaining the hard-card registration certificate.

For the Love of the Mosquito Dream

A New Zealand aviator is looking for a new home for the “Wooden Wonder” -- his lovingly restored Mosquito T.43

Glyn Powell has a special talent. He has the ability to raise the dead.Glyn Powell

Not people, mind you. Aircraft.  Specifically the de Havilland Mosquito.

Introduced by the British and flown regularly by the Royal Air Force during World War II, the Mosquito had a wooden frame supporting two Merlin engines. A multi-use aircraft, the Mosquito served as a both a fighter and a bomber until it was eventually eclipsed in both design and popularity by the Supermarine Spitfire.

Though produced en masse during the war, most of the Mosquitos were eventually burned as time wore on and their wooden frames became rotten and unusable. Components were lost. Drawings were scattered. Long thought to be an unfortunate casualty of history, by the turn of the century, it was not believed that any Mosquito would ever fly again.

Until Glyn Powell took up the challenge.

An implausible ambition

Theo Botha, general manager of Mosquito Aircraft Restoration, has two words to describe Glyn Powell:  Humble and pragmatic.

“He’s exactly the kind of guy you really wouldn’t expect to want to rebuild one of the most technically complex non-jet aircraft in history in what is – what was – his garden,” Botha said.

And yet that’s exactly what happened. The New Zealand-based pilot fell in with a group of aviation enthusiasts with a shared vision: They wanted to rebuild a flyable Mosquito.

“Everyone talks about Spitfires because they’re flying,” Botha said. “You can see them. ‘What’s that?’ ‘Oh, it’s a Spitfire! It’s cool! It makes a loud noise!’ ‘Great! They won the war!’ ‘Oh, brilliant!’ But actually, the Mosquito played a very important role as well – extremely important – but because the airframes are made of wood, none of them are around. So they’re less in people’s minds. Glyn wanted to fix that.”

By 1989, most of the group had given up, but Powell had caught the vision and he wasn’t letting go. He purchased the remains of NZ2308 – a Mosquito T.43 – and began the work of restoring it. That work included securing 8,000 drawings on microfilm from the Smithsonian Institute, as well as traveling the world to examine, in detail, preserved Mosquitos. He also became a fervent collector of Mosquito parts.

“He’s not a CEO-type character – a bull-type character – where the only way to get him to do something is to set him a challenge,” Botha said. “He’s more someone who decides what he wants to do and is just gonna get on and do it. I supposed there’s no ego attached. It’s not a question of, ‘You say I can’t do it, so I will.’ It’s more a question of, ‘I’m gonna do it because it’s what I want to do.’”

“So what kind of guy is he?” Botha asks. “The kind of guy who just humbly shows you what he’s done, and the only thing you can think of to say is, ‘How can I help?’ He’s that kind of guy.”

Mosquito workshop

Restoring a flyable Mosquito is a task that would take Powell decades.

“I really don’t think they had any idea how hard it was to do,” Botha said of Powell and his team. “Because there’s almost a fractal level of detail with this. I don’t know if you’ve ever tried to make an Airfix model or something like that – those little five-minute jobs that end up taking you the best part of a week. The Mosquito is that to the Nth degree.” Glyn Powell

Powell and his team were faced with the obstacle of building a flyable Mosquito from drawings that weren’t 100 percent complete, assembled from parts – many of which were missing – in a manner that was both functional and historically accurate.

“At the time this was made, they were pumping these out like a Model T Ford,” Botha said. “But what we’re talking about is making one Model T Ford from scratch in your garage, from drawings. It’s mindboggling.”

By far, one of the most difficult aspects of the aircraft’s construction is its wooden frame. Made of a combination of plywood and balsa wood, the frame would require the construction of two moulds, composed of douglas fir and cedar wood. Botha says that wasn’t an easy task at a time when – aside from the construction of high-end furniture and musical instruments – the craft of woodworking is dying. Much thanks, he said, goes to the professionals at Avspecs Ltd., a New Zealand-based vintage aircraft restoration company, for their workmanship in forming the fuselage in a manner that reflected the original design.

That said, in some rare instances, Botha says modern materials were substituted where using the originals simply wasn’t practical for the overall longevity of the aircraft.

“There are substantive differences,” he admitted. “Some materials which were used are no longer commercially available, so some materials had to be substituted in.”

“But also, more importantly, the modern adhesives are much more resistant to moisture,” he added.

The original design called for a 1940 technology organic casein or urea formaldehyde glue. In place of this, Powell and his team used a modern epoxy.

“Moisture and humidity is a Mosquito’s worst enemy,” Botha said. “If you want it to last forever, you want to control its storage environment – the humidity. And the adhesive’s ability to be resistant to moisture is very important. So epoxies are used for the adhesive.”

Botha says Powell and his team had a much more difficult time building a handful of flying Mosquitos than the Brits of the 1930s did.

“At the time this plane was built, it was a really serious industrial job,” he said. “Thousands and thousands and thousands of people at hundreds of companies working together. So when Glyn started from scratch with just the drawings of the Mosquito, and not having the mammoth industrial supply chain – to have one organization making spars, one making ailerons, etc. – to do that with a small team is unfathomably audacious.”

Part of Powell’s success, Botha said, stems from the creativity and tenacity of the people working under him.

“They live and breathe small engineering activities,” he said. “They’re humble people, and they’re not earning a fortune from this.”

“One of the key men who works there, his hobby is making fully-functional, handheld-sized petrol engines,” he said. “So he’ll make you a V-12 you can hold in your hand. He makes those at home.”

Botha said he first visited Powell’s workshop years ago on the advice of a friend – and he immediately fell in love with the Mosquito.

“It’s hard not to,” he said. “If you pick up any part – any component or subcomponent – it’s just mind-blowing, the level of detail, within the detail, within the detail. And then the craft, which stems from figuring out how to interpret the drawings through to actually fabricating parts using the appropriate techniques and really making a job of every last piece…

“These days you could, using computer-aided design, CNC-machine all these parts and do all of it a lot easier, but they’re not doing it that way,” he added. “This is craft and advanced engineering and woodwork by hand, but up to the standards of CNC machining. It’s mind-blowing.”

The Wooden Wonder

The first fully-restored, fully-functional Mosquito, KA113, thrilled audiences when it made its post-restoration maiden flight in Sept. 2012. It went on to receive the award for Grand Champion WW2 Warbird at the 2015 EAA Oshkosh Airshow.

To date, three Mosquitos have been reconstructed and are now flyable. A fourth – Powell’s original plane, NZ2308 – is in the process of being restored, as financing permits. Botha said Powell hopes to find the financing to finish the project, and a buyer to give the aircraft a good home.

“The reason Glyn started this was not because he wanted to sell one, or because he wanted to build one. He wanted to fly one,” Botha said. “And he wanted to keep the memory of this thing alive. And when he was finished flying it, his ambition was to have it sent straight back to the UK, where it could be an important part of the flying military history over there.”

Currently, Powell is working with The Mostquito Pathfinder Trust, an organization raising funds to finish the restoration project and have the aircraft sent to the UK.

Botha said that, of the available Mosquitos, this is the prize.

“This is the one that started it all,” he said. “It is constructed from the pick of the available components by the guy who was sourcing them, as his personal aircraft.”

As time passes, Botha says the value of NZ2308 only increases, given the fact that it will become increasingly difficult to find the necessary skills and components to build another Mosquito.

“This is a once-in-a-lifetime opportunity,” he said. “The cost of restoring a Mosquito is extraordinarily high, but if you had to make new metal parts from scratch, the cost would double. So the possibility of having authentic restored mosquitos is going away. Estimates vary, but two-to-three more will be the maximum. This is going to be the most special one.”

But the biggest advantage of this particular Mosquito, according to Botha, is the dual-control system, which means the plane can be flown from either the right or left seat.

“If I can afford it, I’d buy this, and I’d have one of a very, very, very small handful of pilots take me up in it and have some very safe fun in it.”

 “I think it’s a no-brainer,” he added wistfully.

Interested parties can review the purchase details at this link https://www.globalair.com/aircraft-for-sale/Mosquito-The-Wooden-Wonder

Mosquito aircraft with crew during WWII

Insurance Will Not Cover An Unqualified Pilot

If you buy insurance to cover the aircraft you own or fly, you want to make sure the policy covers you and your aircraft if you ever have a problem. It is important to understand that your insurance policy is a contract between you and your insurer. That contract has terms and conditions that spell out the rights and responsibilities of both you the aircraft owner and/or pilot and the insurer.No Insurance Unqualified Pilot

As you may be aware, if an aircraft owner and/or pilot does not comply with the requirements of the insurance contract, the insurer can deny coverage. This can sometimes lead to arguments between the insurance company and the insured aircraft owner or pilot.

This was the situation in one recent case in which the insurance company denied coverage to an aircraft owner whose aircraft was destroyed during an emergency landing. In Hund v. Nat'l Union Fire Ins. Co. of Pittsburgh (D. Kan., 2019), the aircraft owner was flying his aircraft along with another pilot. During the flight the aircraft’s engine experienced a loss of power and the other pilot—who was piloting the plane at the time—told the aircraft owner "your airplane," at which point the aircraft owner assumed the role of pilot in command and attempted to restart the engine. Unfortunately, the aircraft owner was unable to restart the engine and was forced to perform the emergency landing that resulted in the destruction of the aircraft. After the accident, the aircraft owner submitted a claim to his insurer for the value of his aircraft.

In determining whether to pay the claim, the insurer looked to the insurance policy which addressed coverage for both the aircraft owner as a named insured, and for other pilots operating the aircraft. The policy conditioned coverage on compliance with the policy's “Pilots Endorsement” which required, unsurprisingly, that the pilot in command have a valid FAA pilot certificate, a current and valid FAA medical certificate, if required, and a current and valid flight review.

Unfortunately, neither the aircraft owner nor the other pilot satisfied these conditions: The aircraft owner possessed a current flight review, but not a current medical certificate; the other pilot did not have a current flight review. Although these facts were undisputed, the aircraft owner argued that 14 C.F.R. § 91.3(b) suspended the policy requirements during an in-flight emergency, which he and the other pilot faced during the emergency landing.

14 C.F.R. § 91.3(b) provides that "[i]n an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency." Specifically, the aircraft owner argued that § 91.3(b)'s emergency rule was in effect when he assumed control from the other pilot, and the emergency rules "suspended all other rules" except to do what is necessary to respond to the emergency. The insurer didn’t agree, and neither did the Court when the aircraft owner sued his insurer for denying his claim.

The Court initially observed that Section 91.3(b) allows a pilot in command to "deviate from any rule of this part to the extent required to meet that emergency." It then concluded that Section 91.3(b) applied only to the rules in Part 91, and not the regulations governing pilot qualifications in 14 C.F.R. Part 61.

Makes sense to me. Certainly, the aircraft owner’s argument was creative. But I agree that the plain language of the insurance policy and the regulations are inconsistent with that argument.

The moral of the story? If you are going to act as pilot in command, make sure you satisfy both the applicable regulations, as well as the requirements of any insurance policy covering the aircraft you are flying.

Aircraft Data-Driven Management

That which is measured improves…

For professionals who fly with precision and leave nothing to chance, Business Aviation leaders need to apply metrics in their managerial duties.

Conventional Wisdom has a quaint, comforting sound to it. Unfortunately, when challenged or tested, much of it can be found to be based on half-truths. Aviation is a science. Professional pilots pride themselves on the precision of their flying. The management of the flight departmental also requires precision. Thus, as an aviation manager, you should be looking for useful ways to measure your Flight Department’s performance and the value of the company aircraft as a business tool.

One area that is ideally suited for measurements is the maintenance condition of the aircraft. Today, Business Aviation recognizes the use of data tracking for maintenance. In fact, it is difficult to sell a turbine airplane that does not have some sort of electronic record keeping and maintenance reporting. For the aircraft and engines, we are moving toward measurements and data reporting in real-time.Aircraft Data-Driven Management

The civil helicopter community has taken a leadership role in maintenance monitoring with Health and Usage Monitoring Systems, typically known as HUMS. With over a decade of experience, the civil helicopter industry has discovered that not only does aircraft reliability increase when aircraft condition is monitored, there also are benefits to safety and operational control too.

For example, Gulfstream’s PlaneConnect is an aircraft health, trend and monitoring system that collects reams of data on the aircraft’s status and datalinks that information to the maintenance team on the ground for analysis as the aircraft begins its descent for landing. Ground crews are aware of any issue that must be addressed prior to the aircraft’s next departure. Their latest version, introduced on the G650 series, the Health and Trend Monitoring (HTM) system anticipates when a part or component is nearing a maintenance review and sends the alerts its land-based technician.

Dassault Falcon is implementing a similar system with its newest models. The Falcon 6X will be equipped with an on-board self-diagnosis system called FalconScan, which will monitor the aircraft systems and collect about 10,000 parameters in real time. The technological advancement that has enabled monitoring of aircraft condition is the ability for near instant communication.Aircraft Data-Driven Management

With the advancements in airborne connectivity, most turbine aircraft can have real-time data collection and reporting to the flight department.

But there are many more opportunities to make use of data in the management of the aviation operation.  While quality control engineer and statistician W. Edward Deming is often credited with saying “What you don’t measure can’t be managed” (he didn’t), measurements for measurement’s sake leads to data overload and an inability to see the trends that matter. With regards to measurements, the corollary statement is, “If you step on the scale, you’d better do something about it.” Raw data without a system for analysis and a mindset to use the information data provide, are of little value.

Aviation Management’s Role

Data-based management starts at the top. A corporation thrives on profit and loss. Management has a number of metrics that indicate not only the current profitability of the company, but trends that will affect long-term profitability. To be useful, a metric needs to be tailored to the business function, or in our case, the aviation business function.

Business Aviation is a means of transportation for the firm’s personnel and clients. As such, immediately after safety, service should be your Flight Department’s top priority. With safety, accidents are a terrible measure, but they are indeed a metric. Organizations that value safety seek smaller measures like incidents as well as counting or measuring processes and procedures that are not followed properly, to track their quest for safe operations. Using such measures, intervention can be instituted before tragedy happens.

The level of service provided extends beyond hours flown and passengers carried. Things like denied trip requests and days the aircraft is unavailable due to maintenance can lead to a discussion of whether the current aircraft is adequate or whether it is time for another aircraft. Tracking sales made by passengers flown on the business aircraft as well as new contracts signed as a result of meeting with clients also are very important metrics of a business aircraft’s usefulness.

There are other ways to develop and maintain various metrics to improve the levels of service as well as better manage costs.  Measuring things such as staffing, additional duties, and days away from home can provide both efficiency metrics and be an leading indicator for turnover.

Organizations like the National Business Aviation Association and Helicopter Association International are supporting these measurements though education and industry cooperatives. The leadership of this effort comes from forward-looking aviation managers who understand and support the needs of the corporation.

There are many different measure of success.  Choose ones that fir both your operation and what it is that you want to measure. More on that later...

 

David Wyndham - David joined Conklin & de Decker in 1993. His primary responsibilities include developing and managing new programs for the company, conducting consulting studies, managing aircraft cost and performance databases, and providing customer computer support.

 

Flying with Dogs

Something that has been on my mind a lot lately is the topic of flying with dogs, and how to make it the best experience for both human and animal. I’ve flown with my dog on a number of occasions, and have often wondered how the altitude changes and flying sensations translated to my four-legged friend. I’ve done some researching into what to consider when flying with your dog, and if maybe they should be left on the ground.

I’ve found that taking your dog flying is a bucket list item for many private pilots. Being able to take your dog on flying trips with you can be very appealing, but please consider the following before heading to the airport.

Legally, the U.S. Department of Agriculture has the final say in the transportation of pets by aircraft. The general requirements say the pet must be at least 8 weeks old and have a clean bill of health. Further, if a pet is going to cross state borders it must have a rabies immunization and a valid health certificate issued by a licensed veterinarian within 30 days of travel. Additional considerations must be made if you plan to fly outside of the country, so contact the foreign office of your destination country to get more information.

The health of your dog is the next thing to consider. It is a good idea to take them to a veterinarian within 30 days of the flight, and specifically ask if there are any issues that may make it unsafe for your pet to fly. Certain medications may be an issue or extra stress from the flying experience may be too much for some dogs. Most veterinarians agree that it is completely unnecessary to sedate a dog for air travel, and careful planning and patience can make it a good experience for everyone.

Once you have determined your dog is legally and physically fit to fly, you must consider how to accommodate them in the aircraft. Avoid excessive amounts of food and water during the hours leading up to the flight, especially if you plan to have a long flight. An anxious dog may benefit from a walk or run shortly before the trip. Dogs can sense your levels of stress, so try to make the moments leading up to the flight fun and enjoyable so they do not get scared.

Just as humans need to be buckled in, dogs need to be secured in the aircraft as well. This can be done by putting them in a crate in the back seat or baggage compartment, or using securing straps on their harness. The worst feeling is worrying about your dog wandering around the back of the airplane on takeoff, so eliminate any undue stress by securing them.

The next step is to make your dog as comfortable during the flight as possible, by providing them with any combination of hearing protection, toys from home, water to drink, or stress-eliminators for their anxiety. You must remember that this is a very loud and strange experience, so they will likely be quite scared at first. We have found that our dog does a lot better on flights where she has her Mutt Muffs as ear protection. Not only does it help block out the noise of the engine, but it provides gentle pressure to her head that has a calming effect.

Be sure to check in on your dog every few minutes to make sure they are not too scared. This is where patience can go a long way, as the dog will likely need comforting the first few times they go flying.

After landing, be sure to take the dog on a walk to get out any stiffness they may feel after being stuck in the plane. This is also a good time for you to reflect on what went right and what could be improved on for the next time you travel with your furry friend. Our biggest challenge was getting dog hair in the plane, but we make an effort to vacuum and lint roll the whole aircraft afterwards.

Do you have any tips for flying with animals? What was your favorite flight with your animal? Let me know in the comments below!

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