Airworthiness

Introduction:

Select scope (private pilot is the default): Instrument Rating Related Commercial Rating Related Instructor Rating Related


Defining Airworthiness:

  • Two main factors determine if an aircraft is airworthy:
    • The aircraft conforms to its type certificate and authorized modifications; and
    • The aircraft must be in condition for safe operation

Determining Airworthiness:

  • 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 un-airworthy mechanical, electrical, or structural conditions occur
  • Likewise, the remote pilot-in-command is responsible for the determination of airworthiness before flight and discontinuing the flight when they know or has reason to know that the small unmanned aircraft system is no longer in a condition for safe operation
  • No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless:
    • A person authorized under FAR 43.7 returns the aircraft to service; and,
    • The maintenance record entry required by Sec. 43.9 or Sec. 43.11, as applicable, has been made
  • 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
    • The requirement for an in-flight operational check may be waived if, before the 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
  • Aircraft must conform to the Type Certificate Data Sheet (TCDS)
  • Failing the ability to conform to the TCDS, pilots may utilize minimum equipment lists or kinds of equipment lists as applicable

Airworthiness Certificates:

  • A standard airworthiness certificate is the Federal Aviation Administration's (FAA's) official authorization allowing for the operation of type-certificated aircraft in the following categories:
    • Normal
    • Utility
    • Aerobatic
    • Commuter
    • Transport
    • Manned Free Balloons
    • Special Classes
  • Airworthiness certificates are broken down into two categories, standard and special
  • Standard Airworthiness Certificates:

    • Standard Airworthiness Certificate
      Standard Airworthiness Certificate
    • Special Airworthiness Certificate
      Special Airworthiness Certificate
    • Standard airworthiness certificates are issued for aircraft type-certificated in the normal, utility, acrobatic, commuter, or transport category, for manned free balloons, and for aircraft designated by the FAA as special classes of aircraft
    • Airworthiness Certificate Issuance:

      • The FAA may issue an applicant an airworthiness certificate when:
        • Registered owner or operator/agent registers aircraft
        • Applicant submits application (PDF) to the local FAA office
        • FAA determines the aircraft is eligible and in a condition for safe operation
    • Airworthiness Certificate Validity:

      • Unless sooner surrendered, suspended, revoked, or a termination date is otherwise established by the FAA, standard airworthiness certificates are effective provided:
        • The aircraft meets its approved type design
        • It is in a condition for safe operation and maintenance
        • Preventative maintenance and alterations are performed in accordance with 14 CFR parts 21, 43, and 91
      • Additional considerations are:
        • Required inspections are completed as necessary
        • Airworthiness directives (ADs) are complied with
        • Required Service Bulletins are complied with
        • Aircraft contains the instruments and equipment necessary for operations being practices
      • In fact, much of these requirements are written on FAA Form 8100-2 itself
    • The owner or operator is responsible for maintaining the aircraft in airworthiness condition
      • Responsibility to determine airworthiness rests with the pilot-in-command, who shall not operate a civil aircraft unless it is airworthy and shall discontinue the flight when un-airworthy mechanical, electrical, or structural conditions occur
    • The owner, operator, or bailee of the aircraft must, upon request, make it available for inspection by the FAA
    • Upon suspension, revocation, or termination by order of the FAA of an airworthiness certificate, the owner, operator, or bailee of an aircraft must, upon request, surrender the certificate to the FAA
    • Standard airworthiness certificates are transferable upon sale under FAR part 21.179, assuming the above is true
    • The airworthiness certificate (FAA form 8100-2) must be visible to the occupants of the aircraft [Figure 1]
    • Airworthiness Certificate Location:

      • No person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew
    • Standard Airworthiness Certificate
      Standard Airworthiness Certificate
    • Special Airworthiness Certificate
      Special Airworthiness Certificate
  • Special Airworthiness Certificate:

    • Special airworthiness certificates are primary, restricted, limited, light-sport, and provisional airworthiness certificates, special flight permits, and experimental certificates
    • The FAA special airworthiness certificate is an FAA authorization to operate an aircraft in the US airspace in one or more of the following categories:
      • Primary
      • Restricted
      • Multiple
      • Limited
      • Experimental Airworthiness Certificate:

        • A special airworthiness certificate in the experimental category is issued to operate an aircraft that does not have a type certificate or does not conform to its type certificate and is in a condition for safe operation
        • Special airworthiness certificates may be issued in the experimental category for the following purposes:
          • Research and development
          • Showing compliance with regulations
          • Crew training
          • Exhibition
          • Air racing
          • Market surveys
          • Operating amateur-built, kit-built, or light-sport aircraft
          • Special Airworthiness Certificate, Experimental Category for Unmanned Aircraft Systems (UAS) and Optionally Piloted Aircraft (OPA)
        • The duration of an experimental certificate is unlimited unless the FAA establishes a specific period for good cause
      • Special Flight Permit:

        • A special flight permit may be issued for an aircraft that may not currently meet applicable airworthiness requirements but is capable of safe flight for the following purposes:
          • Flying the aircraft to a base where repairs, alterations, or maintenance are to be performed or to a point of storage
          • Delivering or exporting the aircraft
          • Production flight testing of new production aircraft
          • Evacuating aircraft from areas of impending danger
          • Conducting customer demonstration flights in new production aircraft that have satisfactorily completed production flight tests
        • A special flight permit may also be issued to authorize the operation of an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal range over water or over land areas where adequate landing facilities or appropriate fuel is not available. The excess weight that may be authorized under this paragraph is limited to the additional fuel, fuel-carrying facilities, and navigation equipment necessary for the flight
        • Upon application, as prescribed in §§91.1017 or 119.51 of this chapter, a special flight permit with a continuing authorization may be issued for aircraft that may not meet applicable airworthiness requirements but are capable of safe flight for the purpose of flying aircraft to a base where maintenance or alterations are to be performed. The permit issued under this paragraph is an authorization, including conditions and limitations for flight, which is outlined in the certificate holder's operations specifications. The permit issued under this paragraph may be issued to:
          • Certificate holders authorized to conduct operations under part 119 that have an approved program for continuing flight authorization; or
          • Management specification holders who are authorized to conduct operations under part 91, subpart K of this chapter for those aircraft they operate and maintain under a continuous airworthiness maintenance program prescribed by §91.1411 of this chapter
        • To obtain a special flight permit, a pilot must submit a Form FAA 8130-6 - Application for U.S Airworthiness Certificate
        • A special flight permit is effective for the period specified in the permit
      • Provisional
    • Special airworthiness certificate (FAA Form 8130-7) must be visible to the occupants of the aircraft [Figure 2]
  • Supplemental Type Certificate:

    • A supplemental type certificate (STC) is a type certificate (TC) issued when an applicant has received FAA approval to modify an aeronautical product from its original design
    • Most commonly used as part of the execution of a minimum equipment list

Checks & Inspections Required:

  • In addition to the required documentation, checks & inspections must be completed in accordance with the operation
  • The required inspections can be remembered with the acronym "AVIATE:"
    • A – Airworthiness Directives

    • V – VOR Check:

      • Required every 30 days for aircraft operating under Instrument Flight Rules
      • Governed by FAR 91.171
      • Checks may be performed by any pilot
    • I – Inspections:

      • 100-Hour Inspection:

        • Governed by FAR 91.409(b)
        • Aircraft operated for hire or used for flight instruction must have either an annual inspection or a 100-hour inspection every 100 hours in service
          • With respect to maintenance time records, time in service is the time from the moment an aircraft leaves the surface of the earth until it touches it at the next point of landing
          • Time in service is generally calculated with the tachometer
          • Note that renting an aircraft, even from a flight school, for personal use or carrying passengers not for hire is exempt from having a 100-hour inspection
        • The 100-hour limit may be exceeded by no more that 10-hours for the sole purpose of flying (for hire) to a location where the inspection can be completed
          • Any excess time over the 100-hour due time will be subtracted from the next 100-hour inspection
        • Aircraft normally operated for hire (for example, flight instruction at a flight school) may overfly the 100-hour inspection if the aircraft is not flown for hire (for example, a pilot rents it for personal use)
      • Annual Inspection:

        • Governed by FAR 91.409(a)
        • Required for all aircraft
        • Completed every 12 calendar months, expiring at the end of the month one year after the inspection
        • Must be completed and properly endorsed by a mechanic with an inspection authorization (IA)
    • A – Altimeter/Pitot-Static System (IFR Only):

      • Altimeter inspections and tests are governed by Federal Aviation Regulation 91.411
      • Each altimeter must be tested and inspected within the preceding 24 calendar months or following installation or maintenance on the automatic pressure altitude reporting system of the ATC transponder, where data correspondence error could be introduced
      • The static pressure system must be tested and inspected within the preceding 24 calendar months
      • These tests must be conducted by:

        • The manufacturer of the airplane or helicopter on which the tests and inspections are to be performed;
        • A certificated repair station
        • A certificated mechanic with an airframe rating (static pressure system tests and inspections only)
      • Altimeter and altitude reporting equipment approved under Technical Standard Orders are considered to be tested and inspected as of the date of their manufacture
      • No person may operate an airplane or helicopter in controlled airspace under IFR at an altitude above the maximum altitude at which all altimeters and the automatic altitude reporting system of that airplane, or helicopter, have been tested
    • T – Transponder

      • Transponder inspections and tests are governed by Federal Aviation Regulation 91.413
      • Must be tested and inspected within the previous 24 months or after installation or maintenance where data correspondence error could be introduced
        • A test and inspection completed on 12 August of 2000 is good through 31 August 2002
        • In this instance, even if the test was conducted on 12 August, the inspection is not due until 1 September 2002, as the requirement is counted by months, not days
      • Tests conducted by:
        1. A certificated repair station
        2. A holder of a continuous airworthiness maintenance program
        3. The manufacturer of the aircraft on which the transponder is to be tested is installed, if the transponder was installed by that manufacturer
    • E – Emergency Locator Transmitter (ELT)

      • Must be tested and inspected every 12 calendar months
        • Same as transponders (except for a different interval), a test and inspection completed on 12 August of 2000 is good through 31 August 2001
        • In this instance, even if the test was conducted on 12 August, the inspection is not due until 1 September 2001, as the requirement is counted by months, not days
      • Governed by FAR 91.207
      • Must be replaced or recharged if the transmitter has been used for more than one hour of cumulative use
      • Must be replaced or recharged if 50% of its useful life has expired

Documents Required:

  • ARROW Checklist
    Plane Sense Handbook, ARROW Checklist
  • Aircraft must have documentation to show compliance with federal regulations
    • The ability to show compliance at any time requires these documents be carried on the aircraft, usually located in a single binder or in a slip holder perhaps sewn on the back of a seat or side of the cabin
  • Those documents can be easily remembered through the acronym "AROW" or "ARROW:"

Airworthiness Directives:

  • Airworthiness certificates are contingent on maintaining an aircraft in compliance with regulations, including airworthiness directives (think of a recall for your car)
  • Airworthiness Directives (ADs) are legally enforceable regulations issued by the FAA in accordance with 14 CFR part 39 to correct an unsafe condition in a product
  • Part 39 defines a product as an aircraft, engine, propeller, or appliance
  • Types of Airworthiness Directives:

    • The FAA issues three types of ADs depending on the urgency of a condition
      • Notice of Proposed Rulemaking (NPRM), followed by a Final Rule
      • Final Rule; Request for Comments
      • Emergency ADs:

        • The FAA will issue an Emergency AD when an unsafe condition exists that requires immediate action by an owner/operator
        • Detailed information can be found on the FAA's Emergency Airworthiness Directives page
  • Issuance of Airworthiness Directives:

    • The FAA will issue airworthiness directives when they've determined a product meets two criteria:
      • An unsafe condition exists in a product; and,
      • The condition is likely to exist or develop in other products of the same type design
    • These directives are published in the Federal Registrar and FAA Regulatory and Guidance Library (RGL)
      • ADs can be found online through manual searches or by signing up for an email subscription
      • Both sources will list ADs by aircraft and engine makes and models selected
    • Airworthiness Directives may also have intervals:
      • One-time AD: requires a one-time modification
      • Recurring AD: requires a check or service to be performed on an ongoing basis at specific intervals
      • N/A AD: a "not applicable AD," but is still noted to show awareness of its existence
  • Airworthiness Directive Compliance:

    • All ADs are mandatory
    • An aircraft cannot overfly an AD
    • Usually require an inspection or conditions and limitations you must comply with
    • Operations specifications give some operators authority to operate, including a provision that allows them to fly their aircraft to a destination to do that work

Service Bulletins:

  • Mooney Airplane Company, Inc., Service Bulletin
    Mooney Airplane Company, Inc., Service Bulletin
  • Airworthiness certificates are further contingent on maintaining an aircraft in compliance with mandatory service bulletins
  • Service Bulletins (SBs) are issued to aircraft owners/operators from the aircraft company
  • SBs are sent out by the company to identify and correct hazards to maintain safety
  • Service Bulletin compliance is not mandatory unless stated
  • Types of Service Bulletins:

    • There are two types of service bulletins:
      • Standard

      • Emergency

  • Mooney Airplane Company, Inc., Service Bulletin
    Mooney Airplane Company, Inc., Service Bulletin
  • Service Bulletin Content:

    • Every service bulletin will be laid out slightly different, but all have the same basic information [Figure 3]

    • Title: the subject of the bulletin
    • Affectivity: the aircraft it applies to
    • Reason: cause for issue
    • Description: narrative of the bulletin
    • Compliance: schedule/requirement to perform
    • Instructions: a walk-through of service steps
    • Approval: shows if the SB has been viewed by the FAA and approved
    • References: appropriate user manuals
    • Parts Required: necessary components
    • Compliance Information: A sign-off sent to the company to prove compliance

Special Airworthiness Information Bulletins (SAIB):

  • A Special Airworthiness Information Bulletin (SAIB) is an information tool that alerts, educates, and makes recommendations to the aviation community. SAIBs contain non-regulatory information and guidance that does not meet the criteria for an Airworthiness Directive (AD). Guidance on when to use an SAIB, and how to develop and issue an SAIB is provided in Order 8110.100A
  • To locate, view, and download individual bulletins, search the SAIB database in the FAA Regulatory and Guidance Library

Aircraft Equipment Requirements:

  • Visual Flight Rules:

  • Instrument Flight Rules:

    • Day/Night IFR (GRABCARD):

      • G - Generator or alternator
      • R - Rate of turn indicator (turn coordinator or turn & bank indicator)
      • A - Altimeter, sensitive, adjustable for barometric pressure (Kollsman window)
      • B - Ball (slip-skid indicator [inclinometer])
      • C - Clock (digital or analog displaying hours, minutes, and seconds)
      • A - Attitude indicator
      • R - Radios (radio communication and navigation equipment suitable for the route to be flown)
      • D - Direction (gyroscopic) indicator (directional gyro or heading indicator)
  • Inoperative Equipment:

    • If any other item is inoperative, 14 CFR section 91.405 states that it shall be placarded as required by Sec. 43.11
    • Following scheduled inspections:
      • Aircraft shall have discrepancies repaired unless it is permitted to be in operative by 91.213
      • Maintenance personnel shall make appropriate entries in the aircraft maintenance records indicating the aircraft has been approved for return to service
    • Equipment impacting the safety of flight must be repaired, but items that are not required may remain inoperative indefinitely provided they are appropriately placarded

Minimum Equipment Lists (MEL) and Operations With Inoperative Equipment:

  • Minimum Equipment List
    Minimum Equipment List
  • The MEL is the specific inoperative equipment document for a particular make and model aircraft by serial and registration numbers, e.g., BE-200, N12345
    • A FAR Part 91 MEL consists of the MMEL for a particular type of aircraft, the MMEL's preamble, the procedures document, and a LOA
  • Under 14 CFR, all aircraft instruments and installed equipment are required to be operative before each departure
  • Recognizing that safe flight can be conducted under specific conditions with inoperative instruments and equipment, the FAA adopted the minimum equipment list
    • When the FAA adopted the minimum equipment list (MEL) concept for 14 CFR part 91 operations, it allowed aircraft to be operated with inoperative equipment determined to be nonessential for safe flight
    • At the same time, it allowed part 91 operators, without a MEL, to defer repairs on nonessential equipment within the guidelines of part 91
  • The FAA has two acceptable methods of deferring maintenance on small rotorcraft, non-turbine powered airplanes, gliders, or lighter-than-air aircraft operated under part 91:
    • The deferral provision of 14 CFR, part 91, section 91.213(d), and
    • An FAA-approved MEL
  • Inoperative Equipment Deferral:

    • The deferral provision of 14 CFR, part 91, section 91.213(d) is simple, requiring minimal paperwork
    • When inoperative equipment is found during a preflight inspection or before departure, the decision should be to cancel the flight, obtain maintenance before the flight, or defer the item or equipment
    • Maintenance deferrals are not used for inflight discrepancies
      • The manufacturer's AFM/POH procedures are to be used in those situations
    • Assuming the pilot wishes to defer maintenance for equipment that would ordinarily be required before flight:
      • The pilot first determines whether the inoperative equipment is required by type design, 14 CFR, or ADs
      • If the inoperative item is not required, and the aircraft can be safely operated without it, the deferral may be made
      • The inoperative item shall be deactivated or removed, and an INOPERATIVE placard placed near the appropriate switch, control, or indicator
        • If deactivation or removal involves maintenance (removal always will), it must be accomplished by certificated maintenance personnel and recorded in accordance with 14 CFR part 43
          • For example, if the position lights (installed equipment) were discovered to be inoperative before a daytime flight, the pilot would follow the requirements of 14 CFR, part 91, section 91.213(d)
        • The deactivation may be a process as simple as the pilot positioning a circuit breaker to the OFF position or as complex as rendering instruments or equipment totally inoperable
        • Complex maintenance tasks require a certificated and appropriately rated maintenance person to perform the deactivation
    • While deferrals may be necessary, the FAA regulation division's interpretation is clear that inoperative equipment shall not stay so indefinitely
  • Minimum Equipment List:

    • Once an operator requests a MEL, and a Letter of Authorization (LOA) is issued by the FAA, then the use of the MEL becomes mandatory for that aircraft
      • All maintenance deferrals must be accomplished in accordance with the terms and conditions of the MEL and the operator-generated procedures document
    • The use of a MEL for an aircraft operated under 14 CFR part 91 also allows for the deferral of inoperative items or equipment
      • The primary guidance becomes the FAA-approved MEL issued to that specific operator and N-numbered aircraft
      • The FAA has developed Master Minimum Equipment Lists (MMELs) for aircraft in current use
      • Upon written request by an operator, the local Flight Standards District Office may issue the appropriate make and model MMEL, along with a Letter of Authorization and preamble
      • The operator then develops operations and maintenance (O&M) procedures from the MMEL. This MMEL with O&M procedures now becomes the operator's MEL
      • The MEL, LOA, preamble, and procedures document developed by the operator must be on board the aircraft during each operation
      • The FAA considers an approved MEL to be a supplemental type certificate (STC) issued to an aircraft by serial number and registration number
      • It, therefore, becomes the authority to operate that aircraft in a condition other than originally type certificated
    • With an approved MEL, if the position lights were discovered inoperative before a daytime flight, the pilot would make an entry in the maintenance record or discrepancy record provided for that purpose
      • The item would then either be repaired or deferred in accordance with the MEL
      • Upon confirming that daytime flight with inoperative position lights is acceptable in accordance with the provisions of the MEL, the pilot would leave the position lights switch OFF, open the circuit breaker (or whatever action is called for in the procedures document), and placard the position light switch as INOPERATIVE
    • There are exceptions to the use of the MEL for deferral
      • For example, should a component fail that is not listed in the MEL as deferrable (the tachometer, flaps, or stall warning device, for example), then repairs are required to be performed before departure
      • If maintenance or parts are not readily available at that location, a special flight permit can be obtained from the nearest FSDO
      • This permit allows the aircraft to be flown to another location for maintenance
      • This allows an aircraft that may not currently meet applicable airworthiness requirements but is capable of safe flight, to be operated under the restrictive special terms and conditions attached to the special flight permit
    • Minimum Equipment List
      Minimum Equipment List
    • Understanding the Minimum Equipment List:

      • There are two categories of procedures: maintenance procedures (M) and operations procedures (O)
        • An authorized mechanic must complete "M" procedures, but the pilot or flight crew can do "O" procedures
        • Once the owner/operator has created the procedures document, it is presented to the FAA for approval. If granted, the FAA inspector will issue a letter of authorization (LOA). When this letter is received, the MEL is complete, and the aircraft may be operated within the guidelines of the MEL rather than the procedures outlined in the regulations. This formula will help you remember: MMEL + Procedures Document + LOA = MEL
      • When a part of the aircraft is found to be inoperative, the pilot will refer to the MEL
        • If the item is not in the procedures document, the aircraft is grounded
        • If the item is found, the pilot will take the appropriate actions required by the procedures document before flight
        • An MEL is equivalent to a supplemental type certificate and is required to be on board the aircraft during flight
        • The MEL is only valid for a specific aircraft and cannot be transferred to another
      • Column one shows each piece of equipment, listed by system [Figure 2]
      • Column two shows how many of those items are installed on the aircraft [Figure 2]
      • Column three shows the number of items installed that have to be operational for the aircraft to be airworthy [Figure 2]
      • Column four shows remarks or exceptions [Figure 2]
  • Kinds of Equipment Lists:

    • Beechcraft Kinds of Equipment List
      Weight and Balance Data
    • Pilots are required to determine if an aircraft confirms to the type certificate data sheet for which it was certified
    • These requirements can be modified depending on the operation, called Kinds of Equipment Lists (KOELs)
    • KOELs can be found in the aircraft POH operating limitations section
    • KOELs specify the kinds of operations (e.g., visual flight rules (VFR), instrument flight rules (IFR), day or night) in which the aircraft can be operated
    • FAR 91.203 allows a person to takeoff an aircraft in operations conducted under part 91 with inoperative instruments and equipment without an approved Minimum Equipment List provided the flight operation is conducted in a:
      • Rotorcraft, non turbine-powered airplane, glider, or lighter-than-air aircraft, powered parachute, or weight-shift-control aircraft, for which a master minimum equipment list has not been developed; or
      • Small rotorcraft, non turbine-powered small airplane, glider, or lighter-than-air aircraft for which a Master Minimum Equipment List has been developed; and
      • The inoperative instruments and equipment are not:
        • Part of the VFR-day type certification instruments and equipment prescribed in the applicable airworthiness regulations under which the aircraft was type certificated;
        • 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;
        • Required by Sec. 91.205 or any other rule of this part for the specific kind of flight operation being conducted; or
        • Required to be operational by an airworthiness directive; and
      • The inoperative instruments and equipment are:
        • Removed from the aircraft, the cockpit control placarded, and the maintenance recorded in accordance with Sec. 43.9 of this chapter; or
        • 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
      • 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
    • Although the certification rules require this information, there is no standard format; consequently, the manufacturer may furnish it in various ways
    • Beechcraft Kinds of Equipment List

Remote Pilot Exemptions:

  • Certain UAS are eligible to operate in the NAS without possessing the airworthiness certification normally required under 49 USC 44807. 49 USC 44807 permits the FAA to use a risk-based approach to determine whether an airworthiness certificate is required for a UAS to operate. Exemptions are generally requested by civil (non-public) UAS operators who fly UAS weighing 55 pounds or more, and thus cannot fly under 14 CFR Part 107. For civil UAS operations conducted under 49 USC 44807 of PL 115-254, the Secretary has determined that specific requirements necessary for safe operation can often be addressed in the form of grants of exemption(s). Operators who desire this regulatory relief must petition the FAA for exemption in accordance with 14 CFR Part 11 and the guidance provided on the FAA’s Section 44807, Special Authority for Certain Unmanned Systems website. Examples of petitions that have been granted to conduct civil UAS operations include the following activities:
    • Closed-set motion picture and television filming
    • Agricultural survey and spraying
    • Aerial photography
    • Land survey and inspection
    • Inspection of structures
    • Search and Rescue (SAR) operations
  • Civil agricultural spraying operations will also require a 14 CFR Part 137 certificate; see paragraph 11-4-5, Airspace Access for 14 CFR Part 135 and 14 CFR Part 137
  • Petitioners seeking a grant of exemption should fill out an online application on the public docket located on the FAA’s regulations.gov website
    • The FAA’s Section 44807: Special Authority for Certain Unmanned Systems website may be reviewed at: https://www.faa.gov/uas/advanced_operations/certification/section_44807/. The FAA’s Regulations.gov website may be reviewed at: https://www.faa.gov/regulations_policies/faa_regulations

Airworthiness Responsibilities:

  • Pilot-In-Command:

    • Determine airworthiness
  • Owner/Operator:

    • Register the aircraft
    • According to part 91.403 of the federal aviation regulations, the owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition (see inspections above), including compliance with part 39

Aircraft Condition Notices:

  • Governed under FAA Order 8900.1, Aircraft Condition Notices are issued by aircraft inspectors to aircraft when, during the normal conduct of duties, the inspector finds possible unsafe conditions that will require immediate action by the operator before operation
  • The inspector will usually issue an Aircraft Condition Notice during one of the following activities:
    • Performing a scheduled aircraft inspection;
    • Responding to a complaint; or
    • Investigating an aircraft noticed while performing other duties
  • When a possible unsafe condition is noted, the Aircraft Condition Notice will be completed, and the hard copy will be attached to the aircraft as near as possible to the aircraft entrance
  • If the inspector finds a general discrepancy that should be brought to the attention of the operator, the inspector has the option of using this form as a means of notification
  • If made aware of an aircraft condition notice, pilots should read it carefully and consult with an A&P mechanic to address the identified concerns

Private Pilot - Airworthiness Requirements Airman Certification Standards:

  • Satisfy the requirements of Section I, Task B by determining that applicant exhibits satisfactory knowledge, risk management, and skills associated with airworthiness requirements, including aircraft certificates
  • References: 14 CFR parts 39, 43, 91; FAA-H-8083-2, FAA-H-8083-25
  • Airworthiness Lesson Plan

Airworthiness Requirements Knowledge:

The applicant must demonstrate an understanding of:

Airworthiness Requirements Risk Management:

The applicant demonstrates the ability to identify, assess, and mitigate risks, encompassing:
  • PA.I.B.R1:

    Inoperative equipment discovered prior to flight

Airworthiness Requirements Skills:

The applicant demonstrates the ability to:
  • PA.I.B.R1:

    Locate and describe airplane airworthiness and registration information
  • PA.I.B.R2:

    Determine the airplane is airworthy in a scenario given by the evaluator
  • PA.I.B.R3:

    Apply appropriate procedures for operating with inoperative equipment in a scenario given by the evaluator

Airworthiness Case Studies:

Airworthiness Knowledge Quiz:

Conclusion:

  • Airworthiness is a nuanced topic:
    • Manufacturers are responsible for the airworthiness from factory
    • The A&P makes an airworthiness determination once a year on annual
    • The owner is responsible for ensuring that the airworthiness certificate is valid
    • The PIC is making an airworthiness determination continuously, every flight, and if an unairworthy condition develops in flight, the PIC is to end the flight
  • Regardless, no person may operate a civil aircraft unless it is in an airworthy condition
  • Your local FAA Flight Standard District Office can provide direct guidance and information to obtain an airworthiness certificate
  • It is best to contact your local FAA office for direct guidance immediately after you register your aircraft
  • On the actual airworthiness certificate itself, you will find:
    • "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"
      • "Unless sooner surrendered, suspended, revoked, or a termination date is otherwise established by the Administrator"
        • Various reasons, including aircraft condition or legislation, may null and void an airworthiness certificate
      • "This airworthiness certificate is effective as long as the maintenance, preventative 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"
        • Airworthiness certificates never expire
  • Remember that airworthiness requirements apply to all aircraft, owned or rented, as do the responsibilities to ensure compliance
    • Ramp checks are not the time to start taking airworthiness seriously
  • Indeed the Pitot-Static system does not require an inspection if operating VFR; however, if operating in airspace which requires a transponder, then the system will be looked at, albeit to a lesser extent than the required IFR check
  • To learn more about inspections, see also AOPA's guide to aircraft inspections
  • Whether or not your airplane has an MEL, FAR 91.213 still applies to all inoperative equipment, and it is the pilot's responsibility to find out if the airplane has an MEL
  • MEL deferral of maintenance is not to be taken lightly, and due consideration should be given to the effect an inoperative component may have on the operation of an aircraft, particularly if other items are inoperative
    • Further information regarding MELs and operations with inoperative equipment can be found in AC 91-67, Minimum Equipment Requirements for General Aviation Operations Under FAR Part 91
  • Hours for inspections are based on time in service, which is an ill-defined number
    • When basing inspections off hours, pilots may run off the slower hours to save money or the higher hours to be conservative
  • Master minimum equipment lists and associated documentation can be found on the FAA's website
  • Read more about aircraft lighting for additional context on requirements
  • Do not make it a habit to fly with a faulty component unless there is a deliberate plan to correct
    • Further, if it's tied to airworthiness, especially if ATC knows about it, don't push your luck!
  • Those looking to apply for a radio license to fly internationally may visit the Federal Communications Commision's Universal Licensing System to learn more and apply
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