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Pilot maintenance under Part 91.

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Pilot maintenance under Part 91.

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Old 12th Jun 2010, 17:58
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Pilot maintenance under Part 91.

My boss wants us to fly airplanes under FAR91 with small defects such as nav lights, inop radios etc, which is not a problem. But he wants the pilots to record those defects in the airplane deficiency log with the pilot name, certificate number and a statement that the airplane is safe to fly.

I have tried to identify something in the FARs that would allow this but cannot. Part 91.213 says that flights are permitted, provided the inoperative instruments or equipment are not required under some specific rule or regulation (at night, under an AD etc) with two conditions:

1. The item is removed or deactivated, placarded, and this is recorded in the defect log, AND
2. A pilot or mechanic determines that flight without this item is safe.

The regulation that deals with maintenance, including repairs, is Part 43 and it makes no mention of a pilot being authorised to perform repairs, except for preventive maintenance. How is a radio, for example, to be deactivated or removed? I see how a pilot can remove a GPS in order to install a new data card, but I see nothing that would permit a pilot to remove a radio. Does deactivation mean turning it off? How is a pilot to know if the underlying problem is not the radio but an electrical fault that might lead to a fire? My reading of the regulations lead me to believe that only a qualified mechanic can carry out either of these actions. A pilot can replace a nav light, or add hydraulic fluid, but can he determine if a dent in an elevator or an inoperative EGT gauge is acceptable and write this up in the log? I have no problem with a pilot deciding to continue flight(s) back to base with small defects, but if he writes it up as acceptable, that would put pressure on the next pilot to accept this determination as well. Where would pilot A stand if pilot B, using the statement of pilot A as justification, got into trouble if the flight was not in fact safe without that piece of equipment and he did not make it back?

If the maintenance activity is not specifically approved under Appendix A para (c) of Part 43, I think a pilot is risking enforcement action should he fly an airplane that has not properly been released for flight, and especially if he puts his name and certificate number to a statement in the defect log to the effect that the airplane is safe for flight when he is assuming powers not delegated to him by the regulations.

Has anyone else come up against this before and was it resolved?
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Old 12th Jun 2010, 21:12
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"My boss wants us to fly airplanes under FAR91 with small defects such as nav lights, inop radios etc, which is not a problem. But he wants the pilots to record those defects in the airplane deficiency log with the pilot name, certificate number and a statement that the airplane is safe to fly."


What, NOT A PROBLEM????? Those are things you keep to yourself or call the FAA over.


Must still comply with MMEL and have a MEL auth for part 91 to my knowledge, believe you would need a ferry permit to deviate from items listed in MEL or CDL.

Maintenance or pilot could determine safety of flight issues not covered by the doccuments... In the case of deciding the difference between cosmetic and structural damage with the aid of amm/srm etc. You should also have a NEF program for part 91 to cover most chapter 25 items.

But components, no. I think they could fly as an open log item as long as they comply with the MEL you can find a MMEL online.

Where would pilot A stand if pilot B, using the statement of pilot A as justification, got into trouble if the flight was not in fact safe without that piece of equipment and he did not make it back?

A pilot is not authorized to sign off a log page only generate one and make the decision if the aircraft is airworthy under part 91 with MMEL at hand. Follow the MEL you may be able to carry an open log under part 91 of items not restricting flight.


Call your local FSDO for proper clarification.


I googled part 91/mmel and got dizzy reading some of the publications.


Understand you are in a pinch but you should confront your boss, call the FAA (whistleblowers protection) or quit.....
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Old 13th Jun 2010, 01:48
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It is a big organization and I have tried to run it up the system but for some reason I am unable to explain it well enough to get any agreement. Sometimes, like now, it makes me feel that I have it all wrong or am missing something.

We don't have an MEL, which is something I have recommended many times, and will not get one. The other simple way to fix it is to repair the airplanes whenever they have a defect, but that has its problems too and is not going to happen.

I am not talking about a privately-owned airplane flown by the owner. He/she can do whatever they want and any risk belongs to them.

Many pilots that I speak to are in agreement with the idea that a pilot can, by himself, defer defects and not worry about a mechanic sign off. Signing the defect log is merely a way to formalise what is happening, and they do not seem to realise the risks they are taking with their certificates.
If the item is not an airworthiness part, and is not required under the rules for IFR or Night, they insist that they can simply ignore it and fly without any action or paperwork.

If the regs are interpreted literally, they say that even if the item (say, a VOR receiver) is not required under the rules for day/VFR, the pilot still cannot fly the airplane unless the defect has been repaired, replaced or deferred, and this requires a mechanic signature in the defect log, with an INOP label if the item has not been fixed. The pilot must ensure that the operation is safe, but he cannot sign it off himself.

Or, I am completely wrong and I am complaining unneccessarily.

I would appreciate opinions, agreeing or disagreeing. I would be glad to be shown that I am wrong.
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Old 13th Jun 2010, 02:18
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Here's the reg with my take of the important stuff. I believe pulling a circuit breaker counts as deactivating.


91.213 Inoperative instruments and equipment.

Lots of stuff about MELs

(d) Except for operations conducted in accordance with paragraph (a) or (c) of this section, a person may takeoff an aircraft in operations conducted under this part with inoperative instruments and equipment without an approved Minimum Equipment List provided
(1) The flight operation is conducted in a—
(i) Rotorcraft, non-turbine-powered airplane, glider, lighter-than-air aircraft, powered parachute, or weight-shift-control aircraft, for which a master minimum equipment list has not been developed; or
(ii) Small rotorcraft, nonturbine-powered small airplane, glider, or lighter-than-air aircraft for which a Master Minimum Equipment List has been developed; and
(2) The inoperative instruments and equipment are not
(i) Part of the VFR-day type certification instruments and equipment prescribed in the applicable airworthiness regulations under which the aircraft was type certificated;
(ii) Indicated as required on the aircraft's equipment list, or on the Kinds of Operations Equipment List for the kind of flight operation being conducted;
(iii) Required by §91.205 or any other rule of this part for the specific kind of flight operation being conducted; or
(iv) Required to be operational by an airworthiness directive; and
(3) The inoperative instruments and equipment are—
(i) Removed from the aircraft, the cockpit control placarded, and the maintenance recorded in accordance with §43.9 of this chapter; or
(ii) Deactivated and placarded “Inoperative.” If deactivation of the inoperative instrument or equipment involves maintenance, it must be accomplished and recorded in accordance with part 43 of this chapter; and
(4) A determination is made by a pilot, who is certificated and appropriately rated under part 61 of this chapter, or by a person, who is certificated and appropriately rated to perform maintenance on the aircraft, that the inoperative instrument or equipment does not constitute a hazard to the aircraft.
An aircraft with inoperative instruments or equipment as provided in paragraph (d) of this section is considered to be in a properly altered condition acceptable to the Administrator.
(e) Notwithstanding any other provision of this section, an aircraft with inoperable instruments or equipment may be operated under a special flight permit issued in accordance with §§21.197 and 21.199 of this chapter.
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Old 13th Jun 2010, 03:59
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The short answer for Part 91 is that if the item is not a required item under some regulation or other then it's OK to depart as long as the defective equipment is placarded as inoperative and switches or breakers placed in the appropriate position. Inoperative could mean the switch is in the 'O F F' position.

Part 135 is different. Under 135 without an MEL that covers the item then everything in the aircraft must be serviceable to depart.
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Old 13th Jun 2010, 18:00
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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.
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