Ok, thanks for the clarification.
In this case, were the builder, owner, inspector, and pilot all the same person?
The aircraft would have required a DAR for the initial certification inspection (which counted as the first Condition inspection). Beyond that,
once he had received his Light Sport - Repairman certificate, the builder, owner, inspector, and pilot would all have been the same person.
I highlighted that one section, as we do not know when the builder received his LS-I certificate. The plane is listed as a 2021 completion; I have the August 2021 downloadable airman/mechanic database, and he's not listed in it. In any case, one thing that's necessary to understand: The course for the LS-I certificate is just 16 hours long, and has no experience requirements like those required for a full A&P certificate.
While I'm doubly-hesitant to speculate in this particular case, I believe it does well illustrate the differences of the Experimental Light Sport Aircraft vs. the traditional Experimental Amateur-Built category, and the shortcomings of the ELSA category.
The RV-12 is a good example. Van's sells the RV-12 kit, which can be built as an Experimental Light Sport Aircraft (ELSA), OR as Experimental Amateur-Built (EAB). The RV-12 qualifies under the "51% rule" for EAB, in that the builder must perform the majority of the tasks involved in constructing the aircraft.
In contrast, there IS no 51% rule for ELSAs. Companies are permitted to sell kits at whatever level of completion. Vans could sell an ELSA RV-12 kit that requires less construction time, if they wanted to.
Where they differ is when they roll out of the shop door into the hangar. The builder of an EAB RV-12 can make whatever changes he or she wants. Auto engine? Sure! Steam gauges instead of electronics? Yup. Change the ailerons to a cable-operated system? Certainly.
But if the builder wants to license it as Experimental Light Sport, ABSOLUTELY NO CHANGES are allowed. To get the ELSA certification of the kit, Van's had to build an example (an exemplar) and fully certify it in the Special Light Sport Aircraft category...the category that covers ready-to-fly light sports. When presented to the DAR for certification, the ELSA must *exactly* match the exemplar aircraft, except in cases where the company does allow leeway. You don't have to paint the airplane the same as the exemplar, for instance, and the company may allow variation in avionics. But the company does not have to grant that leeway, and if they license the exemplar with a Narco Mark 4 as a radio, they can demand all examples have the ol' coffee grinder on the panel.
The builder of the EAB RV-12 presents his aircraft to the DAR, who checks the paperwork, potentially winces at any changes, but eventually signs it off. The builder can be awarded the Repairman Certificate for *that* particular aircraft.
In contrast, when the ELSA RV-12 is presented to the DAR, the DAR is supposed to ensure that the plane exactly matches the exemplar.
In the real world, of course, this is impossible. The DAR is not going to be an expert in RV-12s. They may not detect changes.
From the NTSB Preliminary, it appears the aileron control system was modified from the original. If this had been done during construction and the DAR detected the change, they could have demanded it be restored the exemplar configuration.
But it was a subtle change; one would not expect the average DAR to detect it (though I bet DARs from now on are going to be looking....).
However, once the ELSA aircraft has its Experimental certificate, the match-the-exemplar system goes out the window. Once the certificate is signed off, the owner of an Experimental Light Sport can modify their aircraft to their heart's desire. The owner of an ELSA RV-12 can install an R-985, extend the wings to make the plane a motorglider, whatever. All that will happen is that the plane has to go back into its test period.
Was N914JN built with the allegedly modified aileron system? We don't know, yet. But if it was, it's something that should have been caught by the DAR...but I don't fault the DAR. Probably would have been a hard thing to notice. It's one of the drawbacks to the ELSA system; the aircraft are expected to match the exemplar, but without both aircraft sitting side by side, changes are difficult to detect.
However, once the aircraft had its certificate, the owner would have been free to make the modification, just like the owner of an Experimental Amateur-Built.
One of the points I like to hammer on my homebuilt accident talks is the rate of occurrence of accidents vs. aircraft total time. Most builders are focused on the first flight. Once that has been successfully completed, there's an attitude like "Well, I guess it's built properly."
Yet look at this plot of accident rate vs. aircraft total time:
Notice the peak at the 50-60 hour range. Some of this is related to the aircraft having completed its test period and starts running out of gas on cross-countries or scud running.
But some of that increase is due to mechanical failure. Just because a part survived the first flight DOESN'T mean it's perfect. Construction flaws could result in gradual deterioration. Parts might be wearing abnormally, and end up failing much earlier than they should.
Building an aircraft gives one knowledge on how the parts go together, but it doesn't teach you how they wear and change in operation.
Which brings us back to this accident. The alleged change in the aileron system obviously worked fine at first, but it appears it was gradually going bad.
Ron Wanttaja