Transponder and Pitot Static Tests
Is the 24 month transponder test (per FAR 91.217 & 91.413) required for a homebuilt aircraft? How about the pitot static test (FAR 91.411)? If so, can this be done by the builder of the aircraft?
If you have a transponder installed in your aircraft, you must comply with the testing requirements. The requirements of 14 CFR 91.215, 91.217, and 91.411 apply to all aircraft with such equipment installed, regardless of certification category.
If you fly your aircraft under IFR, you must comply with the pitot/static test requirements called out in 14 CFR 91.411. As with transponders, this regulation applies to all aircraft, regardless of certification category.
The FAR’s authorize the "manufacturer" of the aircraft to conduct the tests However, the builder of an amateur-built aircraft does not meet the FAA’s definition of a manufacturer. The FAA, in Order 8130.2, defines a manufacturer as a Production Approval Holder (PAH). Some examples of a PAH would be the holder of a Production Certificate (PC), a Parts Manufacturing Authority (PMA), and Technical Standards Order Authorization (TSOA). An amateur builder does not fit this definition. Thus, the amateur-builder cannot perform the transponder and pitot/static tests on his/her homebuilt.
