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No Dumb Questions

Responsibility for Airworthiness

Q. Since the owner and/or operator of an aircraft is responsible for ensuring compliance with airworthiness directives (ADs), how does that affect me during a ramp check when an FAA inspector discovers that the particular aircraft that I am renting hasn't complied with an AD? Am I to verify, using all of the aircraft's logbooks, that every AD has been complied with prior to renting?

Chris Fuller Via the Internet

A. As pilot in command you are responsible for every aspect of a flight, including determining the airworthiness of the aircraft that you fly. Although it is the owner/operator's responsibility to comply with any airworthiness directives, you are responsible for knowing about the condition of your aircraft before you climb aboard for a flight.

According to Part 91.7 of the federal aviation regulations (FARs), "No person may operate a civil aircraft unless it is in airworthy condition. 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 an unairworthy mechanical, electrical, or structural condition occurs." When the Federal Aviation Administration (FAA) issues an AD, an aircraft is considered unairworthy unless it is in compliance with the conditions of the AD.

While each pilot can be held responsible for the airworthiness of his aircraft, the fact is that very few pilots look through all of the aircraft logbooks and maintenance records before taking a rental airplane out for a flight. In many cases, the owners and operators of rental aircraft do not make logbooks available for inspection by potential renters.

If an FAA inspector were to stop you for a ramp check and determine that your aircraft had not complied with an AD, then you could be held responsible for failing to check on the airworthiness of the aircraft before flying it. The owner or operator would be held responsible for failing to meet the conditions of the airworthiness directive itself.

The fact that you can be held responsible for the airworthiness of any aircraft that you fly is one more reason for you to be cautious about where you rent aircraft. If you are renting from a fixed-base operator (FBO), it is important to select one that has an excellent safety record and a reputation for taking care of its aircraft. If you see signs that the rental fleet is not well maintained, look elsewhere for an aircraft to fly.

Elizabeth Tennyson
Elizabeth A Tennyson
Senior Director of Communications
AOPA Senior Director of Communications Elizabeth Tennyson is an instrument-rated private pilot who first joined AOPA in 1998.

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