Ahhhh... well .... Sorry... your busted...

[GMAs]

I recieved a nice note from a pilot owner who was trying to "get by"... and when he got busted by the FAA while doing a routine ramp check.. yep they are at it again... they found discripancies... which he said were the mechanics fault for not fixing it... kinda thing...

I sent back the following as he said their wre inconsistencies between the two sections of the FAR's... and thus wanted an oppinion to help him get out of the action taken against him... and his 210....

contenued Airworthiness responsibility.... is the owner operators alone... not the mechanic...

Their is no inconsistency between two sections 91.403a and 91.7b. Section 91.403a makes the owner or operator of an aircraft the prime person responsible for maintaining and aircraft in a airworthy condition......

the word "Operate" is defined in parts 1.1 and may include the piloting of an aircraft... However sections 91.7b deals with and delineates the responsibility of one who is the Pilot in Command. this regulation states, that the pilot in command is responsible for determining if the aircraft is in a safe condition for flight. It does not state that he must determine if the aircraft is in a airworthy condition.

14CFR 43.13, 43.15 and 91.165 which also deal with the responsibility of certain persons for a aircrafts condition are more in the mechanical area.

Thus because the mechanic says that the aircraft is un-airworthy... you as the owner operator can make your own determination under 91.7b if the aircraft is in a condition for safe flight... however, guess who the FAA is going to go with if their is a debate over safety... and most mechanics which write up aircraft will be glad to point out what is and is not a airworthy condition.

While you may give the mechanic specific instructions as to what he is to work on... I.e I want the left brake worked on... he has a duty to the FAA and public in general to make sure that the propeller is not falling of... and thus if found.. while you don't authorize him to repair it... his only option is to report the aircraft as being un-airworthy to you the owner operator. And if you choose to ignore his findings... you are the one responsible for any infractions of the findings... not him.... sorry...

Again the RESPONSIBILITY... is born by the owner/ operator as the accountable party. Not the MECHANIC and thus it is not his fault for the write up but, yours alone as owner/operator. Especially if he informed you even though you didn't authorize him to look. Airworthiness certification in the U.S. is a public safety function performed by the FAA and the mechanic with the purpose of ensuring the safety and (new) environmental acceptablity of U.S. registered civil aircraft operating in air commerce. In your case the U.S. Statute 49, U.S.C 106(g) sets forth the duties and powers of the FAA administrator in the safety regulations which includes his ability to issue you a citation under the airworthiness certification.... and he is correct in issuing you the citation under Title 49 U.S.C 44711(a)(1) which makes it unlawful for any person to operate any U.S. registered aircraft for which theere is not a airworthiness certificate currently in effect, or in viloation of the terms of that airworthiness certificate... sorry... your busted and the FAA inspctor stands on good grounds... for his issuance of the citation to you and not your mechanic.

and one word of caution to others who are reading this...

Because someone sells something ... you might keep this in mind when they say... hey it will fit on any plane.. you can put it on.... no installation manual required... this should turn a light on... don't do it....

Under the 44704(d), a civil aircraft (including its engines, propellers and installed appliances) MUST CONFORM TO AN FAA-APPROVED TYPE DESIGN AND BE FOUND IN A CONDITON FOR SAFE OPERATION... (remember we talked at great lengths about the TCDS)... to be eligible for a airworthiness certificate or contenual maintance of....

we have said time and time again...here on the web and in meetings... that a airworthiness certificate on an aircraft remains valid only as long as the maintenance/preventive maintance and alterations (and this includes any add on gizmo's) are performed in accordance with 14CFR parts 43 and 91. Section 43.13 requires, in effect, continuing airworthness is conformity to the aircrafts FAA approved type design or properly altered configuration. (form 337s') Therefore, all replacement engines, propellers, materials (and this includes your stanless steel screws in the inspection covers) parts and appliances (this includes your addition that you put in by yourself...)must be acceptable to the FAA and not the owner/operator or the mechanic.

thus when you made the comment that your mechanic told you that he didn't think your installation was correct... thus he has no choice but to let you know that it was NOT APPROVED. You read one part of the FARs' and chose to believe the papers that came with the item... which are not correct... Just because it says.... that it can be installed on any plane... you failed to go a step further... it is the item, how its installed and the paperwork that must accompany the installation that has to be approved or acceptable to the FAA Administrator...as well... (form 337)... and it is not your place as owner/operator to make the determination and contenue to ignore your mechanics advise..... Sorry its not his problem... again we say ..

contenued Airworthiness responsibility.... is the owner operators alone... not the mechanic...


my advise it that you go back to the inspector and take responsibility.... discuss this with him... before much more time elapes... and see if he will reduce the citation ... but, you can only aske... he makes his own determination... and doesn't have to give anthing... if you have a date in court... you will have to go... and yes they can hit your pocket book.... as well as remove the airworthness certificate, your own... and or any combination... the worst is the loss of the airworthness cert.. as your insurance company will be right behind that determination... with a cancilation notice... as it probably says somewhere in their that you will maintain the plane in accordance... thus maintaining your airworthness cert... and failure to do so negates their offer of insurance.... not good...

I suggest that if you can't get the inspector to reduce the citations... you seek the council of a attorney in this area..... and next time I also suggest that you not openly argue with the inspector as to who has rights.... ya in hot yogert when he gets his pen out and starts writing you up... you will lose every time... smile...

Keep us informed as to what happens... the rest of you take note... if in doubt... ask... question and seek the correct answer.. don't just believe what the seller of the product wants you to.... start with your mechanic and if you don't get a good answer... go to the source... that is why the FAA has field inspectors and offices... which have telephones... smile... remember the bottom you save ... may be your own... and these are not the people to argue with... not good... instead have your mechanic call for you and let him argue with them... he after all works for them... and they won't nail you.... best not to argue at all... listen .. say thank you .. and hang up the phone.. then convience the dog your right by yelling and screaming and explatives of how dumb they are.... don't worry he won't tell... least the last time I checked... but, if he takes up residence down the street... I would think you got too deep into it.... might want to check the old blood pressure at the same time... smile... Yes its frustrating but, the rules are written in stone... and you agreed to adbide by them when you bought your plane and got your license... sorry...

GMAs.