Originally Posted by
cncpc
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It seems to me that the certificate of airworthiness is invalid when this situation exists as the aircraft does not meet the standards under which it was certified. Is that a correct assumption?
I would agree that flap rigging or similar seems a possible culprit.
But with regard to the question above, I believe the answer is "no". The C of A is not invalid.
This is because whether an aircraft is 'airworthy' and whether it has a valid CofA are not the same thing. A valid CofA simply requires that the conditions attached to that are followed - the requisite required mainyenance has been performed, per the servicing intervals laid down in the ICA (Instructions for Continued Airworthiness). It is quite possible that this aircraft is not airworthy - it has an unresolved defect which appears quite serious. But the C of A can still be valid.
Consider: mx inspects the flap rigging, makes adjustments, and asks for a check flight to confirm its fixed. Can you do the flight? - sure. Did you need to re-apply for a new CofA? - no.
Not only can a non-airworthy and even 'unsafe' a/c have a valid CofA but an actually safe and airworthy aircraft can have an invalid CofA if you didn't follow the paperwork correctly. Thats not to say the two concepts are totally disassociated, but they are not 100% linked either.