Wayne Silvan wrote:
The problem is a friend and I bought a super cub basket case we had a a&p rebuild it and the log books were missing and now the feds wont return it to certification.The next step is to go experimental.It was a certified aircraft with all ads done and all the stc paperwork in order.
Without the log books, what's your proof that all the ADs were done, and the STC paperwork was in order?
As for "going experimental," there's no such animal. There's an Experimental Exhibition category, an Experimental Research and Development category, there's an Experimental Amateur-Built category, and several others. You have to provide the FAA with justification for placing your aircraft into one of those categories. It won't qualify for Experimental Amateur-Built, and all the others can have some significant restrictions (e.g., no passengers, re-apply for a certificate every year, no flights to anywhere outside the local area without prior FAA approval, etc.). This is not a new policy; this has been in existence for 50 years or more.
Frankly, you don't want to make the airplane experimental. You'd just
be taking an aircraft with a known (high) value and turning it into an
unknown.
I am hugely surprised that your A&P didn't know that missing logs would cause this kind of problem with the FAA. "Stunned" is probably more accurate. Did the logs get misplaced during the process, or did the A&P retain them due to a dispute with you? How did the A&P record the work he/she did, if they didn't have logbooks to enter them into? Do you have the engine log? This is a legal issue between you and the A&P, not between you and the FAA. The FAA's rules are clear, in this case, and the A&P should have known them.
Actually, there is a process to recover from lost logbook situations. I think it might have been covered in FAA Order 8700.1, but that order has been superceded and I can't find the information. Anyway, I believe you need an A&P/IA to start a new set of logbooks, with estimates as to total time, and re-execute all ADs. Not easy, not cheap, but it'll cost less than the value hit you'll take if you license the plane in any of the Experimental categories.