Aircraft Airworthiness

How does this affect you?

My Background
FAA Inspector since 1995 Graduate of FAA Approved A&P School IA since 1981 Started career at flight school in Minnesota Chief Inspector for 135, 141, and 145. DOM for 135 Taught at A&P 147 School DME

Who is responsible for Airworthiness?

This is a shared responsibility. The pilot is ultimately responsible! As a pilot, you need to understand this. As a flight instructor, you need to make sure that your students understand this. Operating rules prohibit the operation of an aircraft that is not airworthy.

91.3 Responsibility and authority of the pilot in command.

(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

91.7 Civil Aircraft Airworthiness

(a) No person may operate a civil aircraft unless it is in an airworthy condition. (b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.

91.403 General.
(a) The owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition, including compliance with part 39 of this chapter. (b) No person may perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter. (c) No person may operate an aircraft for which a manufacturer's maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitations section unless the mandatory replacement times, inspection intervals, and related procedures specified in that section or alternative inspection intervals and related procedures set forth in an operations specification approved by the Administrator under part 121 or 135 of this chapter or in accordance with an inspection program approved under 91.409(e) have been complied with.

91.405 Maintenance required.

Each owner or operator of an aircraft (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter; (b) Shall ensure that maintenance personnel make appropriate entries in the aircraft maintenance records indicating the aircraft has been approved for return to service; (c) Shall have any inoperative instrument or item of equipment, permitted to be inoperative by 91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspection; and (d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a placard has been installed as required by 43.11 of this chapter.

91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless (1) It has been approved for return to service by a person authorized under 43.7 of this chapter; and (2) The maintenance record entry required by 43.9 or 43.11, as applicable, of this chapter has been made. (b) No person may carry any person (other than crewmembers) in an aircraft that has been maintained, rebuilt, or altered in a manner that may have appreciably changed its flight characteristics or substantially affected its operation in flight until an appropriately rated pilot with at least a private pilot certificate flies the aircraft, makes an operational check of the maintenance performed or alteration made, and logs the flight in the aircraft records. (c) The aircraft does not have to be flown as required by paragraph (b) of this section if, prior to flight, ground tests, inspection, or both show conclusively that the maintenance, preventive maintenance, rebuilding, or alteration has not appreciably changed the flight characteristics or substantially affected the flight operation of the aircraft.

Responsibility may be shared, MAYBE.

Depending on who youre working for, you may have a partner in the responsibility for airworthiness. Shared responsibility is limited. You are ultimately responsible for the condition of the aircraft that you operate. Will your partner stand up for you? Choose your partners carefully.

43.5 Approval for return to service after maintenance, preventive maintenance, rebuilding, or alteration.
No person may approve for return to service any aircraft, airframe, aircraft engine, propeller, or appliance, that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless (a) The maintenance record entry required by 43.9 or 43.11, as appropriate, has been made; (b) The repair or alteration form authorized by or furnished by the Administrator has been executed in a manner prescribed by the Administrator; and (c) If a repair or an alteration results in any change in the aircraft operating limitations or flight data contained in the approved aircraft flight manual, those operating limitations or flight data are appropriately revised and set forth as prescribed in 91.9 of this chapter.

14 CFR 141.39 Aircraft.

An applicant for a pilot school certificate or provisional pilot school certificate must show that each aircraft used by that school for flight training and solo flights meets the following requirements: (a) Each aircraft must be registered as a civil aircraft in the United States; (b) Each aircraft must be certificated with a standard airworthiness certificate or a primary airworthiness certificate, unless the Administrator determines that due to the nature of the approved course, an aircraft not having a standard airworthiness certificate or primary airworthiness certificate may be used; (c) Each aircraft must be maintained and inspected in accordance with the requirements under subpart E of part 91 of this chapter that apply to aircraft operated for hire; (d) Each aircraft used in flight training must have at least two pilot stations with engine-power controls that can be easily reached and operated in a normal manner from both pilot stations; and (e) Each aircraft used in a course involving IFR en route operations and instrument approaches must be equipped and maintained for IFR operations. For training in the control and precision maneuvering of an aircraft by reference to instruments, the aircraft may be equipped as provided in the approved course of training.

Airworthiness Defined
Two conditions must be met before an aircraft can be considered airworthy: The aircraft must conform to its type certificate (TC); that is, when the aircraft configuration and the components installed are consistent with the drawing, specifications, and other data that are part of the TC, and include any supplemental TC and field-approved alterations incorporated into the aircraft. The aircraft must be in condition for safe operation; this refers to the condition of the aircraft relative to wear and deterioration.

AIRWORTHY MEANS AN AIRCRAFT MEETS ITS TYPE DESIGN AND IS IN A CONDITION FOR SAFE OPERATION. THIS DEFINITION IS TAKEN FROM PUBLIC LAW 103-272, PREVIOUSLY THE FEDERAL AVIATION ACT OF 1958, AND IS ALSO FOUND ON THE FACE OF EACH AIRCRAFT'S STANDARD AIRWORTHINESS CERTIFICATE.

P.L.. 103272

FA ACT

F A A

F A R

1958

S A F E T Y

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

STANDARD AIRWORTHINESS CERTIFICATE

1. NATIONALITY AND REGISTRATION MARKS 2. MANUFACTURER AND MODEL 3. AIRCRAFT SERIAL NUMBER 4. CATEGORY

N12345

Boeing 747-400

197142

Transport

5. AUTHORITY AND BASIS FOR ISSUE This airworthiness certificate is issued pursuant to the Federal Aviation Act of 1958 and certifies that as of the date of issuance, the aircraft to which issued has been inspected and found to conform to the type certificate, therefor, to be in condition for safe operation, and has been shown to meet the requirements of the applicable comprehensive and detailed airworthiness code as provided by Annex 8 to the Convention on International Civil Aviation, except as noted herein:

EXEMPTION NO. 1013A FAR 25.471(b): Allows lateral displacement of C.G. from airplane centerline.
6. TERMS AND CONDITIONS Unless sooner surrendered, suspended, revoked, or a termination date is otherwise established by the Administrator, this airworthiness certificate is effective as long as the maintenance, preventive maintenance, and alterations are performed in accordance with Parts 21, 43, and 91 of the Federal Aviation Regulations, as appropriate, and the aircraft is registered in the United States. DATE OF ISSUANCE FAA REPRESENTATIVE

11/29/92
FAA Form 8100-2

John Q. Publican John Q. Publican

DESIGNATION NUMBER

DMIR ANM 1234

Any alteration, reproduction, or misuse of this certificate may be punishable by a fine not exceeding $1,000, or imprisonment not exceeding 3 years, or both. THIS CERTIFICATE MUST BE DISPLAYED IN THE AIRCRAFT IN ACCORDANCE WITH APPLICABLE FEDERAL AVIATION REGULATIONS.

5. AUTHORITY AND BASIS FOR ISSUE This airworthiness certificate is issued pursuant to the Federal Aviation Act of 1958 and certifies that, as of the date of issuance, the aircraft to which issued has been inspected and found to conform to the type certificate therefor, to be in condition for safe operation, and has been shown to meet the requirements of the applicable comprehensive and detailed airworthiness code as provided by Annex 8 to the Convention on International Civil Aviation, except as noted. Exceptions:
NONE

6. TERMS AND CONDITIONS Unless sooner surrendered, suspended, revoked, or a termination date is otherwise established by the Administrator, this airworthiness certificate is effective as long as the maintenance, preventive maintenance, and alterations are performed in accordance with Parts 21, 43, and 91 of the Federal Aviation Regulations, as appropriate, and the aircraft is registered in the United States.

A TYPE CERTIFICATE IS A DOCUMENT ISSUED BY THE FAA TO AN APPLICANT WHO HAS PROVEN THAT THEIR AIRCRAFT, ENGINE, OR PROPELLER MEETS ALL APPLICABLE AIRWORTHINESS STANDARDS PERTAINING TO THAT PRODUCT. FAR 23 - NORMAL, UTILITY, AND ACROBATIC CATEGORY AIRPLANES FAR 25 - TRANSPORT CATEGORY AIRPLANES

FAR 33 - AIRCRAFT ENGINES

FAR 35 - PROPELLERS

What is a repair?
A repair restores the aircraft to its original unaltered or properly altered condition. Repairs must be accomplished in accordance with the manufacturers maintenance instructions or standard practices acceptable to the Administrator. Major repairs must be accomplished in accordance with approved data.

Major vs. Minor Repair

Major Repair. A repair that fits one or more of the following: (1) Might appreciably affect airworthiness by changing weight, balance, structural strength, performance, powerplant operation, or flight characteristics if improperly done; or (2) Is not done according to accepted practices or cannot be done by elementary operations. Minor Repair. Any repair that is not classified as a major repair.

MAJOR REPAIRS AND MAJOR ALTERATIONS

Major Repair means a repair: That, if improperly done, might appreciably affect weight, balance, structural strength, performance, powerplant operation, flight characteristics, or other qualities affecting airworthiness; or That is not done according to accepted practices or cannot be done by elementary operations.

Special Flight Permits

An aircraft that does not currently meet applicable airworthiness requirements may be operated if it is capable of safe flight. May be issued to fly an aircraft to a base where repairs, alterations, or maintenance are to be performed, or to a point of storage. Subject or operating limitations.

Flight Standards District Office

8525 Gibbs Drive, Suite 120 San Diego, California 92123 (619) 557-5281, Fax: (619) 557-7156

FAX - SPECIAL FLIGHT PERMIT

This permit is for the following aircraft for the purpose of maintenance. REG. NO. N123FA MAKE: Piper MODEL: PA38-112 TO: El Cajon, CA (SEE) SERIAL NO: 38-79A0934 VIA: Direct

FROM: Ramona, CA (RNM)

This authorization must be displayed in the aircraft in accordance with 14 CFR 91.203(b) This authorization expires upon arrival at destination or February 12, 2006. These Operating Limitations are a part of the Special Flight Permit issued to the aircraft described above. Flight crewmembers must be properly certificated and rated in accordance with 14 CFR Part 61. 1. The flight described above shall be made under VFR/VMC day conditions only, (unless the additional limitation below authorizes differently). The flight shall be made by the most direct and expeditious route consistent with the aircraft operating limitations and weather. FAR 91.707 requires that a Flight Plan be filed for flights between the USA and Canada or Mexico no waiver available. 2. Occupancy of the aircraft is limited to the pilot, essential flight crew required to operate the aircraft and its equipment and personal baggage. 3. Flight over congested areas is prohibited, and takeoffs and landings shall be conducted to avoid congested areas in the vicinity of any of the airports used in conjunction with this authorization. Flight over a foreign country must have special permission from that country. 4. Prior to flight, the aircraft must be inspected by a certificated mechanic or repair station to determine the aircraft is safe for the intended flight. The result of that inspection will be entered in the permanent aircraft records with the following similarly worded statement: This aircraft has been inspected and has been found safe for the intended flight in accordance with Special Flight Permit dated February 2, 2006. 5. Operation of this aircraft is subject to the approval of the registered owner. The aircraft must display U.S. registration identification marks and have a registration certificate issued to its owner on board. This permit is valid for one flight only (Direct) with necessary fuel stops. 6. Any Airworthiness Directive pertinent to this make and model of aircraft that requires compliance must be complied with before the ferry flight is initiated unless the AD specifies that the aircraft can be ferried to a location where the requirements of that specific AD can be accomplished. Additional Limitations: Airspeed not to exceed maneuvering airspeed for the aircraft.

Gregory C. Nolting Aviation Safety Inspector

Date issued: February 2, 2006

1. The flight described above shall be made under VFR/VMC day conditions only, (unless the additional limitation below authorizes differently). The flight shall be made by the most direct and expeditious route consistent with the aircraft operating limitations and weather. FAR 91.707 requires that a Flight Plan be filed for flights between the USA and Canada or Mexicono waiver available. 2. Occupancy of the aircraft is limited to the pilot, essential flight crew required to operate the aircraft and its equipment and personal baggage. 3. Flight over congested areas is prohibited, and takeoffs and landings shall be conducted to avoid congested areas in the vicinity of any of the airports used in conjunction with this authorization. Flight over a foreign country must have special permission from that country. 4. Prior to flight, the aircraft must be inspected by a certificated mechanic or repair station to determine the aircraft is safe for the intended flight. The result of that inspection will be entered in the permanent aircraft records with the following similarly worded statement: This aircraft has been inspected and has been found safe for the intended flight in accordance with Special Flight Permit dated February 2, 2006.

The Grey Area

Manufacturers maintenance instructions may be limited in content and detail. Individual interpretation or understanding of the term airworthy may vary. You may consider the aircraft to be safe, but does it qualify as airworthy? Use your resources. Ask questions. Always be in a defendable position.

What to look for:

Verify that scheduled maintenance requirements are current. Verify that there are no open discrepancies (unscheduled). Verify that maintenance record entries have been made. Do a good preflight.

Scheduled Maintenance
Required inspections (annual/100 hr.) Replacement of life limited components Altimeter/Transponder Certifications ELT battery replacement ELT annual check Airworthiness Directives All of these are predictable

Flying Clubs
Legal Interpretation # 2000-2
If a student furnishes an airplane which is not operated for hire and he/she hires the flight instructor, there is no requirement to accomplish 100 hour inspections. 100 hour inspections are required if you provide flight instruction for hire and also provide the aircraft.

Unscheduled Maintenance
Line gripes How are they reported? Who decides what gets repaired? Can repair of the item be deferred? Has it been repaired or deferred properly? Has it been recorded properly?

FAR 91.417 (a) MAINTENANCE RECORDS

Complete maintenance records should contain the following:

 Records of the maintenance, preventive maintenance, alterations, 100 hour, annual, progressive and other required or approved inspections, as appropriate. Total time in service for the aircraft, each engine, each propeller, and each rotor. Current status of life-limited parts. Time since last required overhaul.

 The current status of applicable Airworthiness Directives (A.D.) Copies of FAA Form 337 for any major alterations performed.

FAR 91.417 (b)(1)

The Owner or Operator shall retain all maintenance records for 1 year after the work is performed or until the work is repeated or superseded by other work.

FAR 91.417 (b)(2)

After one year, some maintenance records do not have to be retained. For the most part, this only pertains to repairs and unscheduled maintenance. All other records must be retained and transferred with the aircraft at the time the aircraft is sold.

ADVISORY CIRCULAR 43-9B

It is a shared responsibility by the Owner / Operator and Maintenance persons, with the ultimate responsibility to the Owner / Operator by FAR 91.

RETURN TO SERVICE
No person may operate an aircraft, airframe, engine, propeller, or appliance on which maintenance, preventive maint., or an alteration has been performed unless:

FAR 43.5 AND FAR 91.407

It has been approved for return to service by a person authorized in FAR 43. Maintenance record entries completed. Form 337 completed. Flight manual revisions, as required.

FAR 43.9 RECORD ENTRIES

Maintenance Records (except for inspections) shall contain the following information:

 A description (or reference to data) of work performed. The date of completion of the work. The name of the person performing the work if other than specified below. The signature, certificate number, and kind of certificate held by the person approving the work.

DESCRIPTION OF WORK PERFORMED

The description should be in sufficient detail to permit a person unfamiliar with the work to understand what was done, and the methods and procedures used in doing it. FAR 91.417 Maint. Records.

FAR 43.11, RECORD ENTRIES FOR INSPECTIONS

The person approving or disapproving for return to service after any inspection performed IAW Part 91, 123, 125, & 135 shall make an entry in the maintenance record the following:

 The type of inspection and a brief description of the extent of the insp. The date of the inspection and the total time in service. The signature, the certificate number, the kind of certificate held by the person approving or disapproving for return to service.

 I certify that this aircraft has been inspected in accordance with (insert type) inspection and was determined to be in airworthy condition. Richard W.Rhuda AP123456789IA

Sample Logbook Entry

N123A Tach/Hobbs: ACTT:
Enter the type of inspection(s) performed: Enter accomplishment of all A.D.s including the number, revision date, method of compliance, and if recurring, the next time/date it is due. Enter replacement or inspection of any component part with Airworthiness Limitations (include part, serial number, and total time in service for that component). Enter removal and installation of any serialized component replacement parts (include part, serial number, and total time in service for that component). Enter description of any other general maintenance performed. I certify that all work was performed in accordance with current Federal Aviation Regulations and manufacturers maintenance instructions.

______________________ Signature

__________________________ Certificate #

____________ Date: