One STC please . Pretty please!

[Magman]

Circa 25 years ago Congress passed a law allowing Supplemental Type Certificate Holders to protect their intellectual property. This is via requiring that a written Permission Letter be obtained from the STC Holder in order to use the STC. Prior to that “ bootleg” or“ pirate “ use of that document was common. So the person developing the STC would get nothing for their efforts. Except more liability . I agree with the concept.

The problem develops with how the Permission Letter ( PL) is applied .

There are some Techs that ignore the PL completely. Is the STC and associated modification valid if based on an STC without the PL?

If that is the case; is the Aircraft Airworthy? If not; what are the possible repercussions with FAA and the Insurance Co? None of this is good for the Pilot, Owner, or Installing Agency ( A & P or Repair Station).

Essentially with no PL the intellectual property is being stolen which also raises the specter of criminal charges.

Many of the Holders vary in how they address this.

Some allow free use of their STC with their products.

Others have a separate charge for the STC. & PL.

Their are those that seem very aggravated when asked for a PL. Huh!

Some vary their permission to dealers only and owners across different product lines.

Often the STC & PL are only for the original purchaser and aircraft. I’ve seen some stating the STC is not valid unless a person signs the doc in GREEN INK.


“Da feds” will generally not issue a Field Approval if an STC already exists.
This gets really significant with avionics installs; particularly used.

Lots of folks are selling used radios saying the the STC is not needed after the first install. .
Not true. Approved Data is required whether new or used.

So what does the person do with the package when the Tech will not install sans PL?
Find a dealer or other authorized person and take the project there. Back log? Ka-ching!

Folks must research their projects and realize that having the hardware is only the beginning.

 

[Bell206]

There are some Techs that ignore the PL completely. Is the STC and associated modification valid if based on an STC without the PL? If that is the case; is the Aircraft Airworthy?

You're intermixing a few points here. If you use the STC approved data for the modification on your aircraft, yes, you need a permission letter per Part 91. Without the letter your aircraft is unairworthy. But just because an item has an STC associated with it does not mean its required to be used for the installation. There are a number of STC'd items whose install is not a major alteration so no 337 or approved data needed, i.e., the STC data package and letter.

Supplemental Type Certificate Holders to protect their intellectual property

STC letters do not technically protect the holders intellectual property. That is reserved for patents, etc. If you install an identical modification on your aircraft but obtain your own approved data there is nothing the FAA will do. There are several guidance docs on this. Same with the field approval vs STC example. If its a true STC requirement (a major change to type design vs major alteration) then an ASI is not permitted to issue a field approval and must forward it to the ACO for approval. However, if an ASI does not issue a field approval for a major alteration based on the simple existence of a STC there is no regulatory precedent on that and something I've never run across in 40+ years. However, your comment that people must do their due diligence with the installation of used equipment is spot on because there can be other issues to deal with outside the STC permission letter ones.

 

[Magman]

The STC is easy to get . Permission Letter sometimes more difficult.

Any comments on using the STC without the PL?

Repercussions possible?

 

[Bell206]

Permission Letter sometimes more difficult.

FYI: There's no rule that states a STC holder must give you a permission letter, but there is a rule that holder must give you the data package if you already have the STC and letter.

Any comments on using the STC without the PL?

As I noted above, if you use the STC approved data for the modification and don't have a permission letter, the aircraft is unairworthy and you're sheet out of luck. Your only option then is to get your own approval for the modification.