Legal Briefing

Go or no-go?

As the pilot in command responsible for the safe, secure, and successful operation of your aircraft, you are expected to know and comply with the federal aviation regulations. Many of these regulations make practical sense to us as pilots, and that makes it a bit easier to incorporate compliant behavior into our flying habits. There are a few regulations that make sense when reading them, but then seem a bit impractical when applied to some operations. FAR 91.213 is one those regulations.

FAR 91.213 states generally and succinctly that "no person may take off an aircraft with inoperative instruments or equipment installed." That is, if there is an instrument or a piece of equipment installed in the aircraft, it must be in working order. If it is not, then your aircraft is effectively and legally grounded, unless you fit into one of the limited exceptions to the rule.

A popular example of how nonsensical the application of this regulation may be is if the cigarette lighter in the airplane doesn't work, or where the pilot has taken the cigarette lighter out of the aircraft and placed a cap in the receptacle. Strictly, technically, operation of that aircraft could place the pilot in jeopardy of an FAA enforcement action based on a violation of FAR 91.213. In our experience, FAA inspectors generally exercise good judgment when they come across these cases. They will consider what may be technically in violation of the regulation and what may be practically in violation of the regulation, and handle the matter sensibly. Some flight examiners like to make this issue a part of the oral examination to be sure that you are aware of your FAR responsibility, even though you may think that the legal answer is not the right answer.

That said, let's see what the exceptions are that may keep you flying in accordance with the rule.

One of the exceptions relates to a minimum equipment list (MEL), which permits takeoff with an inoperative instrument or piece of equipment if the MEL specifies and provides for it. However, most light general aviation aircraft do not have an MEL, so this is not a very helpful exception for the type of flying the small-airplane pilot does.

Another exception involves placarding, coupled with deactivation or removal of the inoperative component. This is an exception that is more commonly used for general aviation aircraft, but even this accommodation may not be worth the effort when nonessential instruments or equipment are not working. First, the pilot or a certificated mechanic must make a determination that the inoperative instrument or piece of equipment does not constitute a hazard to the aircraft. Then, the pilot must determine that the inoperative instrument or piece of equipment is not "part of the VFR-day type certification instruments and equipment prescribed in the applicable airworthiness regulations under which the aircraft was type certificated." Depending on how old your aircraft is and what component we're talking about, it could involve quite a bit of research to discover the airworthiness regulations that were in effect when your aircraft was manufactured.

Then, the pilot must look at the aircraft's approved flight manual or owner's handbook to discover whether the inoperative instrument or piece of equipment is not required by the aircraft's equipment list. Next, the pilot must look at the operating limitations to see if the inoperative instrument or piece of equipment is required for the intended operation, such as VFR, IFR, day, and night flights. Follow that with a look at FAR Part 91 to check that the inoperative instrument or piece of equipment is not required by a regulation for the specific kind of flight operation intended, such as VFR day, VFR night, or high altitude. Then, the device must be removed or deactivated and appropriately placarded. Now, your flight may take place.

At the next required inspection of the aircraft, however, the inoperative instrument or piece of equipment must be repaired, replaced, removed, or inspected. At this time, if the item may remain inoperative, only a mechanic can authorize continued placarding and must make the appropriate maintenance entry. The pilot must ensure that the mechanic has done this before further flights in the airplane are made.

Looking at this regulation in the book, it makes sense. But complying with the regulation out at the airport doesn't always seem to make sense. Nonetheless, the pilot is charged with knowing, understanding, and complying with this regulation. Check to make sure that all equipment is working, whether it's needed for the flight or not.

Kathy Yodice is an attorney with Yodice Associates in Washington, D.C., which provides legal counsel to AOPA and administers AOPA's legal services plan. She is an instrument-rated private pilot.