Hello,Rich wrote: ↑Thu Jun 17, 2021 10:53 pmInterestingly, looking at the type certificate, notice what it NOT there: The 14,000 ft. nonsense.
In the US, pilots are not required to have any knowledge of the contents of the Type Certificate, only the AFM and assorted placards and subsequent Flight Manual Supplements. The inclusion of "demonstrated" makes is a squishy statement subject to interpretation. It was eliminated in the NG manual, so it's a harder argument in that case, should it come up. In the US, ATC is not looking up your Type Certificate to see whether they can clear you into the flight levels.
I'll give a concrete example of a case where a friend of mine operated my PA28 outside the limits of the flight manual:
https://app.ntsb.gov/pdfgenerator/Repor ... L&IType=LA
There was no enforcement action taken against my friend. No problem raised by the insurance company in paying off the totaled aircraft.
For me, this is a fairly academic point. The difference between 16,400 ft. and the bottom of the flight levels is pretty small and unlikely to become a factor. For the NG pilots it could be a more realistic consideration.
this goes in the same direction as I wrote. It is not written as limit in the type certificate.If it would say that take-offs above a density altitude of 7,500ft are prohibited, it would be in the POH/AFM Chapter 2, if the aircraft is certified under Part 23. The DA40 was the first aircraft in Europe to be certified under the JAA EU. The manuals (AFM and AMM) have been prepared according to the new regulations "EU Part 23" (EU for Europe).
It is more difficult with older aircraft certified under CAR3. There, the structure of the manuals is different and somewhat "freer".
Important for us is, all limits (no matter if demonstrated or only written in) in chapter 2 are binding according to the certification basis FAA/EU Part 23 and therefore limits. The 14,000 ft refers to an FAA rule, this is e.g. different in Europe. The maximum operation limit is the important and the limit.
What is in the Type Certificate is always mandatory, this can only be extended or changed by STC´s, or the holder of the type certificate makes a adaption (certification). E.g. the maximum continuous RPM on the DA40 (2,400 versus 2,700) on the new propellers. This is then also a change in the AFMS of chapter 2.
Also, e.g. life time limits are always in the type certificate, or the TC refers to a corresponding document such as AMM. Example is the LifeTime Limit of a Grumman AA5 "Wingspar" (aircraft originally certified under CAR3), this is in the Type Certificate and not in the AFM or POH. However, it is absolutely binding for a pilot.
I had to deal with this topic regarding another case (LifeTime Wings and Fuselage of a Piper Cheyenne and possibilities for extension) and therefore know a bit about the topic of operating limits etc.