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Old 8th Oct 2020, 20:55
  #29 (permalink)  
Cyclic Hotline
 
Join Date: Oct 1999
Location: Beyond the black stump!
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I can't believe that we are back to the same discussion regarding the legality of data plate swapping. Exactly what part of the regulatory framework are you unable to comprehend? You are describing the precise process to accomplish this action, with the one major exception, namely; documenting the principal maintenance action performed in re-identifying an aircraft. Even you are detailing this in your list of requirements, but omitting the most significant maintenance action you are undertaking, by "sticking a data plate from another hull on it". Any IA that knowingly signs that off, deserves whatever penalty is assigned. You keep stating that this was never a problem in the good old days, but it was equally in contravention of the regulations then, as it is today. Let's be very clear here, you are describing the performance of an action in contravention of the FAR, coupled with a fraudulent record of the maintenance performed specifically to obfuscate your illegal activities - or did I get that wrong? There is no place for your defense that there is nothing "inherently unsafe" about an activity that is clearly illegal and in contravention of the regulation and negates the Airworthiness Certificate of the product.

There is nothing inherently "unsafe" about taking a 206 fuselage shell, sticking a data plate from another hull on it, and then installing a bunch of legitimate, certified components, documenting all of the maintenance performed, and having it signed-off as complying with its Type Certificate by an IA. Just about everything on a 206 has a yellow-tag or a CHR card. All that stuff is usually kept in a big binder along with the aircraft and engine logbooks. It's not rocket science. If that stuff isn't available, a buyer should run, not walk away.
Just for reference, here is the current regulation pertaining to this activity;

§ 45.13 Identification data.(a) The identification required by § 45.11 (a) through (c) must include the following information:

(1) Builder's name.

(2) Model designation.

(3) Builder's serial number.

(4) Type certificate number, if any.

(5) Production certificate number, if any.

(6) For aircraft engines, the established rating.

(7) On or after January 1, 1984, for aircraft engines specified in part 34 of this chapter, the date of manufacture as defined in § 34.1 of this chapter, and a designation, approved by the FAA, that indicates compliance with the applicable exhaust emission provisions of part 34 of this chapter and 40 CFR part 87. Approved designations include COMPLY, EXEMPT, and NON-US, as appropriate. After December 31, 2012, approved designations also include EXEMPT NEW, and EXCEPTED SPARE, as appropriate.

(i) The designation COMPLY indicates that the engine is in compliance with all of the applicable exhaust emissions provisions of part 34. For any engine with a rated thrust in excess of 26.7 kilonewtons (6000 pounds) which is not used or intended for use in commercial operations and which is in compliance with the applicable provisions of part 34, but does not comply with the hydrocarbon emissions standard of § 34.21(d), the statement “May not be used as a commercial aircraft engine” must be noted in the permanent powerplant record that accompanies the engine at the time of manufacture of the engine.

(ii) The designation EXEMPT indicates that the engine has been granted an exemption pursuant to the applicable provision of § 34.7 (a)(1), (a)(4), (b), (c), or (d), and an indication of the type of exemption and the reason for the grant must be noted in the permanent powerplant record that accompanies the engine from the time of manufacture of the engine.

(iii) The designation NON-US indicates that the engine has been granted an exemption pursuant to § 34.7(a)(1), and the notation “This aircraft may not be operated within the United States”, or an equivalent notation approved by the FAA, must be inserted in the aircraft logbook, or alternate equivalent document, at the time of installation of the engine.

(iv) The designation EXEMPT NEW indicates that the engine has been granted an exemption pursuant to the applicable provision of § 34.7(h) of this chapter; the designation must be noted in the permanent powerplant record that accompanies the engine from the time of its manufacture.

(v) The designation EXCEPTED SPARE indicates that the engine has been excepted pursuant to the applicable provision of § 34.9(b) of this chapter; the designation must be noted in the permanent powerplant record that accompanies the engine from the time of its manufacture.

(8) Any other information the FAA finds appropriate.

(b) Except as provided in paragraph (d)(1) of this section, no person may remove, change, or place identification information required by paragraph (a) of this section, on any aircraft, aircraft engine, propeller, propeller blade, or propeller hub, without the approval of the FAA.

(c) Except as provided in paragraph (d)(2) of this section, no person may remove or install any identification plate required by § 45.11, without the approval of the FAA.

(d) Persons performing work under the provisions of Part 43 of this chapter may, in accordance with methods, techniques, and practices acceptable to the FAA -

(1) Remove, change, or place the identification information required by paragraph (a) of this section on any aircraft, aircraft engine, propeller, propeller blade, or propeller hub; or

(2) Remove an identification plate required by § 45.11 when necessary during maintenance operations.

(e) No person may install an identification plate removed in accordance with paragraph (d)(2) of this section on any aircraft, aircraft engine, propeller, propeller blade, or propeller hub other than the one from which it was removed.

And here is a legal interpretation of the same from the NTSB Law Judges; https://shackelford.law/news-aviatio...ft-dont-do-it/

And just for reference from the Good Old Days, here is the regulation in force in 1967. Check out 45.13 (b)



Last edited by Cyclic Hotline; 9th Oct 2020 at 15:27.
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