That's not the problem. I agree that it is OK to depart with inoperative equipment as the regs say. My question is can a pilot do the release? Is a pilot authorized to "deactivate" it? If it is simply deactivation, why not just turn it off? Examples include a failure of a nav light; just fly by day with the lights off.
Now the pilot gets back to base and writes it up. A pilot cannot clear the entry, or can he? A pilot is authorized for preventive maintenance only, see FAR43. I have not seen any place authorizing a pilot to repair a seat track or a busted EGT, nor authorizing him to release the airplane with the defective equipment removed or deactivated. A pilot does not have a pocket of INOP labels either.
A mechanic is qualified to decide if the failed component presents a threat to the safety of an airplane (is the failure one that might present an electrical problem, cause the alternator to fail, or start an in-flight fire?). A pilot is not so trained and if I am to fly an airplane that has previously been released as safe to fly by a 300 hour private pilot I might not have ever even met, should I accept that decision?
Take a look at FAR43 App A(c) for a list of what a pilot is approved to do. It includes replacing landing light and position light, batteries and spark plugs, tires and cosmetic items, radios and nav equipment, updating a GPS and adding fluids. What I don't see is any reference to a pilot performing trouble shooting, or repair of failed parts other than those listed there.
My take, and I think I am quoting the regulations correctly, is that only an authorized person can take action to clear a defect after it has been written in the log book (and a defect log constitutes an airplane log). By authorized person the regs mean an appropriately qualified mechanic (not alll mechanics can work on radios, or instruments,etc).
It has long been a bane to the FAA with Part 135 operations that the defects on an airplane that has been away from base for days are written up on the last leg of the last day. "Honest, officer, they all just failed as I was turning onto final! Amazing, init?"
Again I ask, what is your take on the owner telling the pilots that they should list every defect in the log, with their certificate number, and a statement that the airplane is safe to fly (or not safe, if they consider it that way). And what will the next pilot do? Accept this statement as valid and legal and fly the airplane anyway? Is a pilot authorized to make such a statement affecting another pilot's rights to decide this matter?
I know, an MEL would make the problem go away, but the owner refuses to consider it.
(c) Preventive maintenance. Preventive maintenance is limited to the following work, provided it does not involve complex assembly operations:
(1) Removal, installation, and repair of landing gear tires.
(2) Replacing elastic shock absorber cords on landing gear.
(3) Servicing landing gear shock struts by adding oil, air, or both.
(4) Servicing landing gear wheel bearings, such as cleaning and greasing.
(5) Replacing defective safety wiring or cotter keys.
(6) Lubrication not requiring disassembly other than removal of nonstructural items such as cover plates, cowlings, and fairings.
(7) Making simple fabric patches not requiring rib stitching or the removal of structural parts or control surfaces. In the case of balloons, the making of small fabric repairs to envelopes (as defined in, and in accordance with, the balloon manufacturers' instructions) not requiring load tape repair or replacement.
(8) Replenishing hydraulic fluid in the hydraulic reservoir.
(9) Refinishing decorative coating of fuselage, balloon baskets, wings tail group surfaces (excluding balanced control surfaces), fairings, cowlings, landing gear, cabin, or cockpit interior when removal or disassembly of any primary structure or operating system is not required.
(10) Applying preservative or protective material to components where no disassembly of any primary structure or operating system is involved and where such coating is not prohibited or is not contrary to good practices.
(11) Repairing upholstery and decorative furnishings of the cabin, cockpit, or balloon basket interior when the repairing does not require disassembly of any primary structure or operating system or interfere with an operating system or affect the primary structure of the aircraft.
(12) Making small simple repairs to fairings, nonstructural cover plates, cowlings, and small patches and reinforcements not changing the contour so as to interfere with proper air flow.
(13) Replacing side windows where that work does not interfere with the structure or any operating system such as controls, electrical equipment, etc.
(14) Replacing safety belts.
(15) Replacing seats or seat parts with replacement parts approved for the aircraft, not involving disassembly of any primary structure or operating system.
(16) Trouble shooting and repairing broken circuits in landing light wiring circuits.
(17) Replacing bulbs, reflectors, and lenses of position and landing lights.
(18) Replacing wheels and skis where no weight and balance computation is involved.
(19) Replacing any cowling not requiring removal of the propeller or disconnection of flight controls.
(20) Replacing or cleaning spark plugs and setting of spark plug gap clearance.
(21) Replacing any hose connection except hydraulic connections.
(22) Replacing prefabricated fuel lines.
(23) Cleaning or replacing fuel and oil strainers or filter elements.
(24) Replacing and servicing batteries.
(25) Cleaning of balloon burner pilot and main nozzles in accordance with the balloon manufacturer's instructions.
(26) Replacement or adjustment of nonstructural standard fasteners incidental to operations.
(27) The interchange of balloon baskets and burners on envelopes when the basket or burner is designated as interchangeable in the balloon type certificate data and the baskets and burners are specifically designed for quick removal and installation.
(28) The installations of anti-misfueling devices to reduce the diameter of fuel tank filler openings provided the specific device has been made a part of the aircraft type certificate data by the aircraft manufacturer, the aircraft manufacturer has provided FAA-approved instructions for installation of the specific device, and installation does not involve the disassembly of the existing tank filler opening.
(29) Removing, checking, and replacing magnetic chip detectors.
(30) The inspection and maintenance tasks prescribed and specifically identified as preventive maintenance in a primary category aircraft type certificate or supplemental type certificate holder's approved special inspection and preventive maintenance program when accomplished on a primary category aircraft provided:
(i) They are performed by the holder of at least a private pilot certificate issued under part 61 who is the registered owner (including co-owners) of the affected aircraft and who holds a certificate of competency for the affected aircraft (1) issued by a school approved under Sec. 147.21(e) of this chapter; (2) issued by the holder of the production certificate for that primary category aircraft that has a special training program approved under Sec. 21.24 of this subchapter; or (3) issued by another entity that has a course approved by the Administrator; and
(ii) The inspections and maintenance tasks are performed in accordance with instructions contained by the special inspection and preventive maintenance program approved as part of the aircraft's type design or supplemental type design.
(31) Removing and replacing self-contained, front instrument panel-mounted navigation and communication devices that employ tray-mounted connectors that connect the unit when the unit is installed into the instrument panel, (excluding automatic flight control systems, transponders, and microwave frequency distance measuring equipment (DME)). The approved unit must be
designed to be readily and repeatedly removed and replaced, and pertinent instructions must be provided. Prior to the unit's intended use, and operational check must be performed in accordance with the applicable sections of part 91 of this chapter.
(32) Updating self-contained, front instrument panel-mounted Air Traffic Control (ATC) navigational software data bases (excluding those of automatic flight control systems, transponders, and microwave frequency distance measuring equipment (DME)) provided no disassembly of the unit is required and pertinent instructions are provided. Prior to the unit's intended use, an operational check must be performed in accordance with applicable sections of part 91 of this chapter.