The pilot recognizes inoperative instruments or equipment
Question:
Is the item required by MEL or kinds of operations list?
If "yes" aircraft is unairworthy!
If "no" 91.205, 91.213(d)(2)(ii)
Is the inoperative item required for this flight?
If "yes" aircraft is unairworthy!
In "no" 91.213(d)(2)(ii)
Is the item required by airworthiness directive (AD)?
If "yes" the aircraft is unairworthy
If "no" 39, 91.213(d)(2)(iv)
Is the item required by FAR 91.107, 91.171, 91.185, 91.205,
91.207, 91.209 etc 91.213(d)(2)(ii)
If "yes" the aircraft is unairworthy
If "no"
The item must be removed or deactivated and placarded inoperative
91.213(a)(3)(i), 91.213(a)(3)(ii)
Pilot must determine that the item does not constitute a hazard
under the conditions of the flight. Pilot may perform work that
comes under preventive maintenance. Item: Under the strictest
interpretation of the FARs, it is almost impossible to fly a legal,
airworthy aircraft.
FAR 91.213 is distinct from FAR 91.205 which just lists what
is required for specific operations. 91.213 says you can’t
fly with inoperative instruments or equipment. Without an MEL,
the alternative is in subsection (d), which requires a placard,
plus deactivation or removal. Subsection (d) places total responsibility
on the pilot.
1. The pilot must determine hazard potential, if any.
2. Determination may be made by certified mechanics.
3. Owner/operator must confirm if required for selected flight
operation.
4. Refer to POH for selected flight operation.
5. If not required, deactivate and placard or remove by certified
maintenance person who must make required placard and logbook
entries.
6. Inoperative placard must be replaced at each required inspection.
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