As much as I hate to say it, I have to agree with the courts decision. :evil:
This had nothing to do with the safety of the modifications, the aircraft, or the pilot. But a paperwork trail, that was required, but did not exist.
In Davenports case; ""One limitation required that "[t]he cognizant FAA Flight Office must be notified and their response received in writing . ""
He did NOT notify the FSDO, and did NOT get a response in writing. Therefore, he did not have a valid airwortiness certificate.
Although My Operating Limitations don't read "Exactly" like this. They do require that I "Notify the cognizant FSDO of any major alterations to the Airframe or Powerplant". (It doesn't say require permission, or recieve response). To abide by this, I FAX my FSDO a letter stating what I'm doing. On the FAX, I quote the sentence regarding "Notify the cognizant FSDO of any major alterations". I keep a copy in my records, just for such occations.
WARNING: READ YOUR OPERATING LIMITATIONS. If you do NOT follow them to the letter, your Airworthiness certificate is void, and this kind of crap will also happen to you.
The FSDO,s do have guidlines they usually follow, BUT, EVERY FSDO IS DIFFERENT and they can insert any limitation or language they want.
Waiter