Import aircraft for owner maintenance category questions

[JULIETTE]

Hi,

My uncle owned an N registered 1979 Cessna 150k in the Great Falls Area. It is not much to look at, but was taken care of. It suffered an avionics fire while on the ground a couple of years ago and hasn’t flown since. (people playing inside it, I never got the whole story).

My uncle recently passed away and his wife is adamant that the aircraft stay in the family and would like me to bring it to Canada for my use and to possibly use as a trainer for family members.

I would like to convert the aircraft over to “owner maintenance” category of aircraft and put in experimental/LSA avionics, as well as an O-200 that was overhauled by a non-certified shop, and re-do the interior.

I am having some issues navigating the regulations on the first steps of this process.

1) I am assuming that the aircraft needs to be C registered before requesting it moved to “owner maintenance”. Am I correct in assuming that it can be registered as a Canadian aircraft without having to do an import inspection?

2) it is listed on on appendix H of approved aircraft. Is there a way to get a definite answer if it will qualify before bringing it to Canada? Maybe a transport department I should call?

3) is there any issues that might come up with training for ab-initial in a non-certified “owner maintained” aircraft? I am a class 2 instructor and would be doing the training myself and the “students” would be immediate family members.

4) I would like it to be IFR certified. As far as my current understanding is, owner maintenance aircraft can still be IFR certified provided they have the required equipment (certified or not), and have the required system testing done (2 year pitot static).

The aircraft will still go in for an AME for annual, and the engine and avionics are going to be installed by a certified shop. I just want to use the engine with no paperwork and want an EFIS cockpit without breaking the bank. I understand the other pitfalls of going “owner maintenance” but it is one of the only option I can make financially work to get the airplane flying again.

Thanks everyone for your help

[digits_]

1) I am assuming that the aircraft needs to be C registered before requesting it moved to “owner maintenance”. Am I correct in assuming that it can be registered as a Canadian aircraft without having to do an import inspection?

Without an import inspection you can only get a temporary registration. The purpose of that would be if you wanted to fly it from the US to Canada on a Canadian license. Seems like it is not airworthy at the moment, so I doubt that option would be available to you.

It is my understanding that any applications for owner maintenance would have to be done *after* an import, and the plane has to be airworthy at the time of application. Maybe someone else knows of a loophole, but sounds to me that what you are asking is not possible.

A related recent topic: viewtopic.php?f=27&t=143285&p=1142489

[photofly]

Now that I read the documentation (always a good start) - it may be possible:

6. IMPORTATION OF AIRCRAFT THAT DO NOT MEET THEIR TYPE DESIGN
6.1 Aircraft which do not meet their type design on import are not eligible for issuance of a Special Certificate of Airworthiness – Owner Maintenance. The aircraft, however, may still be transferred into the Owner Maintenance category and will be issued with the Minister’s Exemption from Paragraphs 605.03(1)(a),(b) and (c) of the CARs. The exemption will be the aircraft’s flight authority in place of the Special Certificate of Airworthiness – Owner Maintenance.
6.2 Applicants must submit the completed documents in the information package, including Part 2 and 3 of MSI 26, to Transport Canada for review.
6.3 Applicants must ensure the conformity statement in Section C, item #1 of the Application for Certificate of Airworthiness (Form 24-0043) is amended as shown below and signed-off by an AME:
(a) The statement identifies, “I hereby certify that the aircraft described above has been inspected and found to conform to its approved type designation and is in a fit state for flight”; and
(b) The AME must strike out the words “and found to conform to its approved type designation”.
6.4 Applicants must provide acceptable data or substantiating documentation to Transport Canada for review to support the aircraft not meeting its type design; and
6.5 Contact Transport Canada when the documentation and aircraft are available for review/inspection (for import into country and transfer to Owner Maintenance category).

You need to get the information package from TC.

[boeingboy]

That is a very slippery slope you want to play on. Even if it is TECHNICALLY possible - there is no guarantee that a TC inspector will sign off on it. You may end up spending a lot of money on it and being able to go nowhere.

The best advise is to get the package from TC, formulate a plan, and then find a DAR and work with him - rather than throwing the modified airplane and paperwork at them.

[Cessna 180]

Another option is to make the necessary repairs in the United States and have your uncle's wife register it in the United States. Fly it to Canada, pay GST/HST on its value, and operate it that way. It's similar to a trust. You would have to get an FAA validation, but that's a simple paperwork exercise. I'm assuming you're not American so you're not eligible to register it yourself.

It may be less expensive than trying to get it on the C register.

[photofly]

Another option is to make the necessary repairs in the United States and have your uncle's wife register it in the United States. Fly it to Canada, pay GST/HST on its value, and operate it that way. It's similar to a trust. You would have to get an FAA validation, but that's a simple paperwork exercise. I'm assuming you're not American so you're not eligible to register it yourself.

It may be less expensive than trying to get it on the C register.

That would be a breach of 202.42.

[Cessna 180]

Another option is to make the necessary repairs in the United States and have your uncle's wife register it in the United States. Fly it to Canada, pay GST/HST on its value, and operate it that way. It's similar to a trust. You would have to get an FAA validation, but that's a simple paperwork exercise. I'm assuming you're not American so you're not eligible to register it yourself.

It may be less expensive than trying to get it on the C register.

That would be a breach of 202.42.

you are correct, however, it's seldomly enforced. it's not uncommon at all to see N reg planes here that never leave, at almost any airfield in Canada.

https://yyzlaw.com/2012/06/25/non-citiz ... -trusts-2/

[JULIETTE]

Thanks for that reference photofly.

Just to clarify, the aircraft will be brought up to airworthy standard, including a full annual on the US side. It will only be coming over with VFR only instruments though.

I guess my question was more towards, if it comes up airworthy, does it then have to go to an AME for another annual and import, or can it go to OM and I can check off the import boxes and placarding myself?

I will call Transport next week and see if I can get some answers and documents from them.

[photofly]

It absolutely 100% needs a physical inspection at import by a MInister's Delegate. It has to be physically checked that the airframe, the engine and the propeller are all the ones listed on the Type Certificate Data Sheet and that the aircraft is eligible to receive a Canadian Certificate of Airworthiness. The paperwork you prepare in advance guarantees that, but the MD has to see the serial numbers on all the bits of airplane to guarantee to the Canadian Government that what you wrote on the paperwork is correct and accurate. The MD is the person who issues the C of A. Like, literally, brings it along to the inspection and hands it over to you afterwards if the aircraft passes.

Once it's imported, the clock starts ticking on the maintenance schedule. Private aircraft use CAR625 Appendix B for periodic tasks which requires an inspection at least once a year. So the first annual inspection would be due on or before the last day of the thirteenth month following the month in which the C of A was issued.

The application for OM requires an AME to sign off the condition of the aircraft. If they're familiar with it they may not have to inspect it.

There's no such thing as VFR-only instruments, unless you mean the aircraft isn't equipped per 605.18. If you're referring to the 24 month altimetry check, that's required before any flight not only in IFR but also VFR in transponder airspace (classes B and C, and D where notified) as dictated in CAR 625 Appendix C. If you don't intend to fly in transponder airspace then you don't need to meet that inspection requirement, ever.

[photofly]

here's section 5 of the guidelines:

5. IMPORTATION OF AIRCRAFT THAT MEET THEIR TYPE DESIGN
5.1 Importation of aircraft into the owner maintenance category is a two-step process:
(a) STEP 1 – Import the aircraft with a Minister’s Delegate; and
(b) STEP 2 – Transfer aircraft into the Owner Maintenance category with Transport Canada;
5.2 Applicants must demonstrate, and the Minister must be satisfied, that the aircraft conforms to an approved type design and is in a condition for safe operation.
5.3 For aircraft that do not meet their type design, proceed to section 6.
5.4 To ensure compliance with CAR 507.07, applicants shall complete all applicable sections of MSI 26 and present the aircraft and documentation to an MD-M to conduct the import.
5.5 The documentation review shall ensure all the requirements to ensure conformity to a type design have been met.
5.6 The aircraft inspection shall ensure the aircraft is in condition for safe operation.
NOTE: The term “in a condition for safe operation” is intended to cover general aircraft condition and whether or not the aircraft is configured for the type of operation it will be used for. It is not intended that a Transport Canada Civil Aviation Safety Inspector or Minister’s Delegate assume any responsibility for the condition or safe operation of any aircraft. This is the responsibility of an appropriately qualified person per CAR 571.11 and/or the operator of the aircraft.
5.7 Deficiencies in the documentation or aircraft inspection shall be brought to the applicant’s attention and rectified prior to continuing with the import/transfer process. This may require further documentation and aircraft inspection.
5.8 Applicants must contact Transport Canada to transfer their aircraft into Owner Maintenance, after the aircraft has been imported, and the documents in the information package are completed and ready for review.

[AirFrame]

Just to clarify, the aircraft will be brought up to airworthy standard, including a full annual on the US side. It will only be coming over with VFR only instruments though.

This does make it a lot easier. You'll essentially be doing a standard import of a US-registered aircraft, to make it a CAN-registered aircraft, first. Then, transfer it to the OM category. One benefit to this route is that you may be able to keep flying it while you move it to the O-M category.

Note (if it wasn't clear before) that you cannot do *any* of the changes you indicated (glass panel, new non-certified O-200, etc) until it is O-M registered. It has to meet it's original type certificate until it's moved over.

I guess my question was more towards, if it comes up airworthy, does it then have to go to an AME for another annual and import, or can it go to OM and I can check off the import boxes and placarding myself?

Not as far as i'm aware. It has to become a Canadian aircraft first, and it can only do that as a certified aircraft. So plan to work with an AME who can do the whole shebang for you... The import inspection, the later signoff for conformity to type (they'll already be familiar with it), etc.

I will call Transport next week and see if I can get some answers and documents from them.

Sadly, this will be difficult. Unless you have someone's direct number, you'll go straight to an answering machine, and expect to hear back sometime in the next 30 days.

[photofly]

I guess my question was more towards, if it comes up airworthy, does it then have to go to an AME for another annual and import, or can it go to OM and I can check off the import boxes and placarding myself?

I interpret your question as asking, if it arrives with an FAA annual and "airworthy" from a US perspective, does it still need a Canadian AME's attention when it arrives in Canada?

To which the answer is, yes, absolutely it does. An FAA annual inspection has no validity or relevance to a Canadian airplane, nor to one being imported into Canada.

If you're knowledgeable, you can fill out some or all of the details in MSI-26 and possibly save your AME some time, but the import process by a Canadian AME will involve the same activities an an "annual inspection" and establish the aircraft on its Canadian maintenance schedule (CAR 625 Appendices B and C). Once that is done, your AME makes an appointment with an MD-M who will visit the aircraft and go through it with the AME.

[JULIETTE]

I will call Transport next week and see if I can get some answers and documents from them.

Sadly, this will be difficult. Unless you have someone's direct number, you'll go straight to an answering machine, and expect to hear back sometime in the next 30 days.

I thought that might be the case....

Photofly; is there a way I can get the package without having to wait a month for them to call me back?

[photofly]

I don't think it will take a month, and I don't think they need to call you back. Just email and say you want the information package for transferring an airplane to OM.

The import paperwork is MSI-26 - here: https://tc.canada.ca/en/aviation/refere ... -msi-no-26
It's also available as a word document so you can fill in the tables in a nicer format, but you've plenty of time to worry about that later.

Oh - and find yourself an AME who's experienced with imports. If you're in Southern Ontario, PM me and I can make a recommendation.

[ahramin]

There's no such thing as VFR-only instruments, unless you mean the aircraft isn't equipped per 605.18. If you're referring to the 24 month altimetry check, that's required before any flight not only in IFR but also VFR in transponder airspace (classes B and C, and D where notified) as dictated in CAR 625 Appendix C. If you don't intend to fly in transponder airspace then you don't need to meet that inspection requirement, ever.

Correction. While the 24 month altimeter check is only required if operating in certain airspace, all transponder equipped aircraft must have the 24 month check of the transponder and encoder for any flight regardless of airspace.

[photofly]

You only need a transponder in transponder airspace, and since all (most?) transponders are rack mounted equipment designed for easy removal, if you want to fly without the 24 month check having been done, the pilot can simply remove the transponder and make a logbook entry to that effect. Nor does it ever need to be reinstalled.

[ahramin]

My correction was about aircraft with transponders rather than aircraft with a removed transponder but yes, removing the transponder installation will remove that requirement from your maintenance schedule.

[JULIETTE]

Thanks for the info! I am starting to feel like I am getting an understanding of the process and what I am about to start.

Oh - and find yourself an AME who's experienced with imports. If you're in Southern Ontario, PM me and I can make a recommendation.

Unfortunately, I am in Southern Alberta. If anyone has a recommendation of a good AME around here that has a bit of experience with this, I would love a recommendation.

[ahramin]

Murray's Aircraft Repair in High River. 403-648-8910

[CensoredLF]

+1 for Murray's. Actually +eleventy billion, lol.

YMMV
CLF