Mar 1, 2022
91.213 is only the begining!
So you thought the technical details behind weather briefings were fun? Well now we're in for a real barn-burner! This is another one of those topics which, while dry, will follow you through nearly every checkride you have, and could pop up on nearly every flight you take.Â
Let's start with the assumption that we're flying a plane WITHOUT an approved MEL, MMEL, or KOL. (You do know what those are, right? Because they're fair game on an oral.)
Nearly everyone has heard of FAR 91.205. Usually best known as ATOMATO-FLAMES, 205 details things that are required for various types of operations (day, night, VFR, IFR). But this list is not nearly complete!Â
It starts easily enough with something like a position light. Under 205, we're ok to fly during the day but not at night. Easy, right?Â
What about a stall warning aural tone that won't sound? Or a shoulder harnesses on a 1971 Skyhawk that won't stay latched? Neither is listed on our non-existent KOEL/MEL. Neither is required by 91.205. So we're ok to go? Not so fast! Take a look at your airplane's type certificate (hopefully you know where to find that?). In the case of the stall horn, it's listed on the type certificate data sheet, so the airplane is not airworthy. But the shoulder harnesses aren't on there. The plane was TCed without them. Good to go finally? Of course not! They were installed as part of a supplemental type certificate. This STC modified the aircraft's airworthiness. This airplane is no longer airworthy until repairs are made.
There used to be a really phenomenal Advisory Circular (now the party is starting!), AC-91-67, which walked you through all of these requirements and this whole decision process. Unfortunately that AC was cancelled and has yet to be replaced. Fortunately it's still available for your perusal and does have an excellent definitions section, description of the non-MEL airworthiness process, and a fairly clear explanation of how to return an airplane to service.Â
Speaking of return to service; we've pretty thoroughly broken our airplane now. But I still want to fly! So how do we get the airplane airworthy again!? Most people are at least passingly familiar with FAR 91.213; the best friend and close ally to 205. This is where we read something about removing the inop equipment or deactivating it and marking it INOP. But who decides which path we take? Can we just rip something out of the panel and go? (Think of all that work we did on the weight and balance?) What does it mean to deactivate? Can the pilot do that, or is a mechanic required? What's required of the placard? What logbook entries are needed after this action?
Well the answers to all of these (PIC in conference with maintenance, absolutely not {think of the paperwork and the poor W&B!}, turning off counts in some cases, pilot can under certain conditions, must be conspicuously near-to or on the inop equipment and at least 1/8th inch tall, all of them) are available in various locations throughout the FARs, but also in cancelled AC-91-67.Â
I could go on and on (did you know there's a list of pilot approved routine maintenance actions in FAR 43's appendix A, or that once placarded inop a piece of equipment requires a mechanic's re-evaluation AND a logbook signoff every time that plane is due for routine maintenance? When was the last time you checked for that signoff??).
This is a very broad and very deep topic, that is seldom understood beyond the 205/213 level. But there are a lot of ways to get into trouble if that's all you reference. Read the AC, peruse FAR 43, read the AC again, and then have a look at BruceAir's blog post on the subject.
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It's much longer than my discussion here, but it includes pictures, so that's a good thing for pilots!
Pat over at Answers to the ACS has mentioned this a few times, too.Â
https://m.facebook.com/story.php?story_fbid=481356195806353&id=157844024824240
What do you think, have you ever flown an airworthy aircraft?Â