Description

Inoperative / Missing Equipment

§91.213(d): The Process
• Para. (d)(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;

§91.213(d): The Process, cont.
• Para. (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
iii. A determination is made by the pilot that it does not
constitute a hazard

§91.405: Maintenance required:
• 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
• When listed discrepancies include inoperative instruments or equipment, shall ensure that a placard has been installed as required by §43.11 of this chapter. ------ Per the instructor at the Feb 2023 DPE class, an item can be inoperative indefinitely as long as it is INSPECTED at each regular inspection.

Aircraft must be in a Condition for Safe Flight ------- While “Safe” is not specifically defined, 91.7 says - The aircraft must be airworthy. Nothing has happened to cause it to be unairworthy. The PIC determines whether it’s in condition for safe flight. There is a difference between “Airworthiness” and “Condition for safe flight”. An aircraft could be completely airworthy according to the definition of airworthiness, but The PIC still has the very important responsibility of deciding whether the aircraft is in a condition for safe flight for any given flight.

If the spinner is allowed to be removed and still fly the plane, you must conform to FAR 43.9 which says (1) A description (or reference to data acceptable to the Administrator) of work performed

And you also need to comply with FAR 43.11

Not only should you look at the equipment list in section 6 and/or the KOEL in section 2 of the POH, you should also find something from the manufacturer or the FAA that states that it is ok to fly the plane with the part missing or inoperative. Click here for the page from the Piper PA28 TCDS that states which serial number Piper aircraft can be flown with the spinner missing.

Below is a link to a FAA Webinar. One of the topics discussed is cowl fasteners. You should not fly with cowl fasteners missing. In the video below, they also discuss how discrepancies should be handled.

Click here for the video

From the Private Pilot ACS July 2024:
PA.I.B.K3 Equipment requirements for day and night VFR flight, including:
PA.I.B.K3a a. Flying with inoperative equipment
PA.I.B.K3b b. Using an approved Minimum Equipment List (MEL)
PA.I.B.K3c c. Kinds of Operation Equipment List (KOEL)
PA.I.B.R1 Inoperative equipment discovered prior to flight.
PA.I.B.S2 Determine the airplane is airworthy in the scenario given by the evaluator.
PA.I.B.S3 Apply appropriate procedures for operating with inoperative equipment in the scenario given by the evaluator.


PvtLP, CFILP, ComLP