Aircraft Airworthiness

How does this affect you?

Marcelo Gomes Freire
 My Background
• FAA Inspector since 1995
• Graduate of FAA Approved A&P School
• IA since 1981
• Started career at flight school in
Minnesota
• Chief Inspector for 135, 141, and 145.
• DOM for 135
• Taught at A&P 147 School
• DME
 Who is responsible for
Airworthiness?
• This is a shared responsibility.
• The pilot is ultimately responsible!
• As a pilot, you need to understand this.
• As a flight instructor, you need to make
sure that your students understand this.
• Operating rules prohibit the operation of
an aircraft that is not airworthy.
 91.3   Responsibility and authority 
of the pilot in command.

• (a) The pilot in command of an aircraft is

directly responsible for, and is the final
authority as to, the operation of that
aircraft.
91.7   Civil Aircraft Airworthiness
• (a) No person may operate a civil aircraft
unless it is in an airworthy condition.
• (b) 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 unairworthy mechanical,
electrical, or structural conditions occur.
 91.403   General.
• (a) The owner or operator of an aircraft is primarily
responsible for maintaining that aircraft in an airworthy
condition, including compliance with part 39 of this chapter.
• (b) No person may perform maintenance, preventive
maintenance, or alterations on an aircraft other than as
prescribed in this subpart and other applicable regulations,
including part 43 of this chapter.
• (c) No person may operate an aircraft for which a
manufacturer's maintenance manual or instructions for
continued airworthiness has been issued that contains an
airworthiness limitations section unless the mandatory
replacement times, inspection intervals, and related
procedures specified in that section or alternative inspection
intervals and related procedures set forth in an operations
specification approved by the Administrator under part 121 or
135 of this chapter or in accordance with an inspection
program approved under §91.409(e) have been complied
with.
 91.405   Maintenance required.
• Each owner or operator of an aircraft—
• (a) Shall have that aircraft inspected as prescribed in subpart E
of this part and shall between required inspections, except as
provided in paragraph (c) of this section, have discrepancies
repaired as prescribed in part 43 of this chapter;
• (b) Shall ensure that maintenance personnel make appropriate
entries in the aircraft maintenance records indicating the aircraft
has been approved for return to service;
• (c) Shall have any inoperative instrument or item of equipment,
permitted to be inoperative by §91.213(d)(2) of this part,
repaired, replaced, removed, or inspected at the next required
inspection; and
• (d) When listed discrepancies include inoperative instruments or
equipment, shall ensure that a placard has been installed as
required by §43.11 of this chapter.
 91.407   Operation after maintenance, 
preventive maintenance, rebuilding, or 
alteration.
• (a) No person may operate any aircraft that has undergone
maintenance, preventive maintenance, rebuilding, or alteration unless—
• (1) It has been approved for return to service by a person authorized
under §43.7 of this chapter; and
• (2) The maintenance record entry required by §43.9 or §43.11, as
applicable, of this chapter has been made.
• (b) 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.
• (c) The aircraft does not have to be flown as required by paragraph (b)
of this section if, prior to 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.
 Responsibility may be shared,
MAYBE.
• Depending on who you’re working for, you
may have a partner in the responsibility for
airworthiness.
• Shared responsibility is limited.
• You are ultimately responsible for the
condition of the aircraft that you operate.
• Will your partner stand up for you?
• Choose your partners carefully.
 43.5   Approval for return to service after 
maintenance, preventive maintenance, 
rebuilding, or alteration.
• No person may approve for return to service any aircraft, airframe,
aircraft engine, propeller, or appliance, that has undergone
maintenance, preventive maintenance, rebuilding, or alteration
unless—
• (a) The maintenance record entry required by §43.9 or §43.11, as
appropriate, has been made;
• (b) The repair or alteration form authorized by or furnished by the
Administrator has been executed in a manner prescribed by the
Administrator; and
• (c) If a repair or an alteration results in any change in the aircraft
operating limitations or flight data contained in the approved aircraft
flight manual, those operating limitations or flight data are
appropriately revised and set forth as prescribed in §91.9 of this
chapter.
 14 CFR 141.39   Aircraft.
• An applicant for a pilot school certificate or provisional pilot school certificate
must show that each aircraft used by that school for flight training and solo
flights meets the following requirements:
• (a) Each aircraft must be registered as a civil aircraft in the United States;
• (b) Each aircraft must be certificated with a standard airworthiness 
certificate or a primary airworthiness certificate, unless the Administrator
determines that due to the nature of the approved course, an aircraft not
having a standard airworthiness certificate or primary airworthiness
certificate may be used;
• (c) Each aircraft must be maintained and inspected in accordance with 
the requirements under subpart E of part 91 of this chapter that apply to
aircraft operated for hire;
• (d) Each aircraft used in flight training must have at least two pilot stations
with engine-power controls that can be easily reached and operated in a
normal manner from both pilot stations; and
• (e) Each aircraft used in a course involving IFR en route operations and
instrument approaches must be equipped and maintained for IFR
operations. For training in the control and precision maneuvering of an
aircraft by reference to instruments, the aircraft may be equipped as
provided in the approved course of training.
 Airworthiness Defined
Two conditions must be met before an aircraft can be
considered “airworthy”:
• The aircraft must conform to its type certificate (TC);
that is, when the aircraft configuration and the
components installed are consistent with the drawing,
specifications, and other data that are part of the TC,
and include any supplemental TC and field-approved
alterations incorporated into the aircraft.
• The aircraft must be in condition for safe operation;
this refers to the condition of the aircraft relative to
wear and deterioration.
AIRWORTHY MEANS AN AIRCRAFT MEETS ITS TYPE
DESIGN AND IS IN A CONDITION FOR SAFE OPERATION.

THIS DEFINITION IS TAKEN FROM PUBLIC LAW 103-272,

PREVIOUSLY THE FEDERAL AVIATION ACT OF 1958, AND
IS ALSO FOUND ON THE FACE OF EACH AIRCRAFT'S
STANDARD AIRWORTHINESS CERTIFICATE.

P.L..
103-
272
S
A
F F
FA
A A
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1958 Y
 UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

STANDARD AIRWORTHINESS CERTIFICATE

1. NATIONALITY AND 2. MANUFACTURER AND MODEL 3. AIRCRAFT SERIAL 4. CATEGORY
REGISTRATION MARKS NUMBER

N12345 Boeing 747-400 197142 Transport

5. AUTHORITY AND BASIS FOR ISSUE
This airworthiness certificate is issued pursuant to the Federal Aviation Act of 1958 and certifies that as of the date
of issuance, the aircraft to which issued has been inspected and found to conform to the type certificate, therefor, to
be in condition for safe operation, and has been shown to meet the requirements of the applicable comprehensive
and detailed airworthiness code as provided by Annex 8 to the Convention on International Civil Aviation, except as
noted herein:

EXEMPTION NO. 1013A FAR 25.471(b): Allows lateral displacement of C.G. from airplane
centerline.
6. TERMS AND CONDITIONS
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.

DATE OF ISSUANCE FAA REPRESENTATIVE DESIGNATION NUMBER

11/29/92 John Q. Publican

John Q. Publican DMIR ANM 1234
Any alteration, reproduction, or misuse of this certificate may be punishable by a fine not exceeding $1,000, or imprisonment not
exceeding 3 years, or both. THIS CERTIFICATE MUST BE DISPLAYED IN THE AIRCRAFT IN ACCORDANCE WITH APPLICABLE
FEDERAL AVIATION REGULATIONS.
FAA Form 8100-2
5. AUTHORITY AND BASIS FOR ISSUE
This airworthiness certificate is issued pursuant to the Federal Aviation Act of
1958 and certifies that, as of the date of issuance, the aircraft to which issued
has been inspected and found to conform to the type certificate therefor, to be
in condition for safe operation, and has been shown to meet the requirements
of the applicable comprehensive and detailed airworthiness code as provided
by Annex 8 to the Convention on International Civil Aviation, except as noted.
Exceptions:

NONE

6. TERMS AND CONDITIONS

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.
A TYPE CERTIFICATE IS A DOCUMENT ISSUED BY
THE FAA TO AN APPLICANT WHO HAS PROVEN
THAT THEIR AIRCRAFT, ENGINE, OR PROPELLER
MEETS ALL APPLICABLE AIRWORTHINESS
STANDARDS PERTAINING TO THAT PRODUCT.

FAR 23 - NORMAL, UTILITY, AND

ACROBATIC CATEGORY AIRPLANES

FAR 25 - TRANSPORT CATEGORY AIRPLANES

FAR 33 - AIRCRAFT ENGINES

FAR 35 - PROPELLERS
 What is a repair?
• A repair restores the aircraft to its’ original
unaltered or properly altered condition.
• Repairs must be accomplished in
accordance with the manufacturer’s
maintenance instructions or standard
practices acceptable to the Administrator.
• Major repairs must be accomplished in
accordance with approved data.
 Major vs. Minor Repair
Major Repair. A repair that fits one or more of the
following:
• (1) Might appreciably affect airworthiness by
changing weight, balance, structural strength,
performance, powerplant operation, or flight
characteristics if improperly done; or
• (2) Is not done according to accepted practices or
cannot be done by elementary operations.

Minor Repair. Any repair that is not classified as a

major repair.
MAJOR REPAIRS AND MAJOR ALTERATIONS

Major Repair means a repair:

 That, if improperly done, might appreciably
affect weight, balance, structural strength,
performance, powerplant operation, flight
characteristics, or other qualities affecting
airworthiness; or
 That is not done according to accepted
practices or cannot be done by elementary
operations.
 Special Flight Permits
• An aircraft that does not currently meet
applicable airworthiness requirements
may be operated if it is capable of safe
flight.
• May be issued to fly an aircraft to a base
where repairs, alterations, or maintenance
are to be performed, or to a point of
storage.
• Subject or operating limitations.
 Flight Standards District Office 8525 Gibbs Drive, Suite 120
San Diego, California 92123
(619) 557-5281, Fax: (619) 557-7156

FAX - SPECIAL FLIGHT PERMIT

This permit is for the following aircraft for the purpose of maintenance.
REG. NO. MAKE: MODEL: SERIAL NO:
N123FA Piper PA38-112 38-79A0934
FROM: TO: VIA:
Ramona, CA (RNM) El Cajon, CA (SEE) Direct
This authorization must be displayed in the aircraft in accordance with 14 CFR §91.203(b)
This authorization expires upon arrival at destination or February 12, 2006.
These Operating Limitations are a part of the Special Flight Permit issued to the aircraft described above. Flight
crewmembers must be properly certificated and rated in accordance with 14 CFR Part 61.
1. The flight described above shall be made under VFR/VMC day conditions only, (unless the additional
limitation below authorizes differently). The flight shall be made by the most direct and expeditious route
consistent with the aircraft operating limitations and weather. FAR 91.707 requires that a Flight Plan be filed
for flights between the USA and Canada or Mexico–no waiver available.
2. Occupancy of the aircraft is limited to the pilot, essential flight crew required to operate the aircraft and its
equipment and personal baggage.
3. Flight over congested areas is prohibited, and takeoffs and landings shall be conducted to avoid congested
areas in the vicinity of any of the airports used in conjunction with this authorization. Flight over a foreign
country must have special permission from that country.
4. Prior to flight, the aircraft must be inspected by a certificated mechanic or repair station to determine the
aircraft is safe for the intended flight. The result of that inspection will be entered in the permanent aircraft
records with the following similarly worded statement: “This aircraft has been inspected and has been
found safe for the intended flight in accordance with Special Flight Permit dated February 2, 2006.”
5. Operation of this aircraft is subject to the approval of the registered owner. The aircraft must display U.S.
registration identification marks and have a registration certificate issued to its owner on board. This permit is
valid for one flight only (Direct) with necessary fuel stops.
6. Any Airworthiness Directive pertinent to this make and model of aircraft that requires compliance must be
complied with before the ferry flight is initiated unless the AD specifies that the aircraft can be ferried to a
location where the requirements of that specific AD can be accomplished.

Additional Limitations:
Airspeed not to exceed maneuvering airspeed for the aircraft.

Gregory C. Nolting
Aviation Safety Inspector Date issued: February 2, 2006
 1. The flight described above shall be made under VFR/VMC day
conditions only, (unless the additional limitation below authorizes
differently). The flight shall be made by the most direct and expeditious
route consistent with the aircraft operating limitations and weather. FAR
91.707 requires that a Flight Plan be filed for flights between the USA
and Canada or Mexico–no waiver available.
2. Occupancy of the aircraft is limited to the pilot, essential flight crew
required to operate the aircraft and its equipment and personal
baggage.
3. Flight over congested areas is prohibited, and takeoffs and landings
shall be conducted to avoid congested areas in the vicinity of any of the
airports used in conjunction with this authorization. Flight over a foreign
country must have special permission from that country.
4. Prior to flight, the aircraft must be inspected by a certificated
mechanic or repair station to determine the aircraft is safe for the
intended flight. The result of that inspection will be entered in the
permanent aircraft records with the following similarly worded statement:
“This aircraft has been inspected and has been found safe for the
intended flight in accordance with Special Flight Permit dated
February 2, 2006.”
 The Grey Area
• Manufacturer’s maintenance instructions
may be limited in content and detail.
• Individual interpretation or understanding
of the term “airworthy” may vary.
• You may consider the aircraft to be safe,
but does it qualify as airworthy?
• Use your resources. Ask questions.
• Always be in a defendable position.
 What to look for:

• Verify that scheduled maintenance

requirements are current.
• Verify that there are no open
discrepancies (unscheduled).
• Verify that maintenance record entries
have been made.
• Do a good preflight.
 Scheduled Maintenance
• Required inspections (annual/100 hr.)
• Replacement of life limited components
• Altimeter/Transponder Certifications
• ELT battery replacement
• ELT annual check
• Airworthiness Directives
• All of these are predictable
 Flying Clubs
Legal Interpretation # 2000-2
• If a student furnishes an airplane which is
not operated for hire and he/she hires the
flight instructor, there is no requirement to
accomplish 100 hour inspections.
• 100 hour inspections are required if you
provide flight instruction for hire and also
provide the aircraft.
 Unscheduled Maintenance

• Line gripes
• How are they reported?
• Who decides what gets repaired?
• Can repair of the item be deferred?
• Has it been repaired or deferred properly?
• Has it been recorded properly?
 FAR 91.417 (a)
“MAINTENANCE RECORDS”
• Complete maintenance records should
contain the following:

Aircr
Logb aft
oo k
• Records of the maintenance, preventive
maintenance, alterations, 100 hour,
annual, progressive and other required or
approved inspections, as appropriate.
• Total time in service for the aircraft, each
engine, each propeller, and each rotor.
• Current status of life-limited parts.
• Time since last required overhaul.
• The current status of applicable
Airworthiness Directives (A.D.)
• Copies of FAA Form 337 for any major
alterations performed.
 FAR 91.417 (b)(1)
The Owner or Operator shall retain all
maintenance records for 1 year after the
work is performed or until the work is
repeated or superseded by other work.
 FAR 91.417 (b)(2)
• After one year, some maintenance
records do not have to be retained.
• For the most part, this only pertains to
repairs and unscheduled maintenance.
• All other records must be retained and
transferred with the aircraft at the time the
aircraft is sold.
 ADVISORY CIRCULAR 43-9B
• It is a shared responsibility by the Owner /
Operator and Maintenance persons, with
the ultimate responsibility to the Owner /
Operator by FAR 91.
 “RETURN TO SERVICE”
• No person may operate
an aircraft, airframe,
engine, propeller, or
appliance on which
maintenance, preventive
maint., or an alteration
has been performed
unless:
 FAR 43.5 AND FAR 91.407
• It has been approved for
return to service by a
person authorized in
FAR 43.
• Maintenance record
entries completed.
• Form 337 completed.
• Flight manual revisions,
as required.
 FAR 43.9
“RECORD ENTRIES”
• Maintenance Records
(except for inspections)
shall contain the
following information:
• A description (or reference to data) of
work performed.
• The date of completion of the work.
• The name of the person performing the
work if other than specified below.
• The signature, certificate number, and
kind of certificate held by the person
approving the work.
 “DESCRIPTION OF WORK
PERFORMED”
• The description should be in sufficient
detail to permit a person unfamiliar with
the work to understand what was done,
and the methods and
procedures used in doing it.
FAR 91.417 Maint.
Records.
FAR 43.11, RECORD ENTRIES
FOR INSPECTIONS
• The person approving
or disapproving for
return to service after
any inspection
performed IAW Part
91, 123, 125, & 135
shall make an entry in
the maintenance
record the following:
• The type of inspection and a brief
description of the extent of the insp.
• The date of the inspection and the total
time in service.
• The signature, the certificate number, the
kind of certificate held by the person
approving or disapproving for return to
service.
• “I certify that this aircraft has been
inspected in accordance with (insert type)
inspection and was determined to be in
airworthy condition.”
Richard W.Rhuda AP123456789IA
 Sample Logbook Entry
N123A Tach/Hobbs: ACTT:

Enter the type of inspection(s) performed:

Enter accomplishment of all A.D.’s including the number, revision date, method of
compliance, and if recurring, the next time/date it is due.
Enter replacement or inspection of any component part with Airworthiness Limitations
(include part, serial number, and total time in service for that component).
Enter removal and installation of any serialized component replacement parts
(include part, serial number, and total time in service for that component).
Enter description of any other general maintenance performed.
I certify that all work was performed in accordance with current Federal Aviation
Regulations and manufacturer’s maintenance instructions.

______________________ __________________________ ____________

Signature Certificate # Date: