EAA Files Comments to Destroyed and Scrapped Aircraft Policy

This week, EAA filed comments to a new FAA advisory circular (AC) entitled “Destroyed and Scrapped Aircraft.” The AC makes heavy reference to FAA Order 8900.19, which shares the same name and was issued without the opportunity for public comment in 2018.

The order and AC discuss how an aircraft is determined to be destroyed and scrapped. Aircraft declared as such cannot be rebuilt, per 14 CFR 45.13 and 47.41. Order 8900.19 defines a “destroyed” aircraft as one having no repairable “primary structures” and a “scrapped” aircraft as one that “has been discarded and disposed of in a manner that it cannot be repaired to an airworthy condition.” On its face, this is a reasonable interpretation of the rule that would allow all but the most severely damaged aircraft to return to service with the proper repairs.

As with any FAA policy, EAA aims to ensure consistent, reasonable application in the field. While we are not aware of significant problems in the use of this policy in the past five years, EAA’s comments to the AC urge the greatest flexibility possible, including the expanded use of designees in determining a damaged or disposed aircraft’s status and developing a plan for return to service.

We feel that more designee options would ease the workload on FAA field offices while bringing decision makers with ample practical experience into the fold. As EAA’s comments note, “This change would not remove the FSDO or [Aircraft Certification Branch] from being eligible to review repair data; rather, it would provide an additional option to the builder/repairer to utilize, if desired.”