New Regulations On False and Misleading Statements About Aircraft Products, Parts, Appliances and Materials

The FAA has issued a final rule effective October 17, 2005 which amends FAA regulations to create additional rules banning certain false or misleading statements about type-certificated products, and products, parts, appliances and materials that may be used on type-certificated products.

The FAA says this new rule is necessary to help prevent people from representing that these items are suitable for use on type-certificated products when in fact they may not be. The idea is to provide assurance that aircraft owners and operators, and persons who maintain aircraft, have factual information on which to determine whether a product, part, appliance or material may be used in a given type-certificated product application.

Here are some of the finer points in the new rule, courtesy of AEA:

REFERENCE: Federal Register dated September 16, 2005 (Volume 70, Number 179) Page 54821

MAJOR HIGHLIGHTS: The following is the new PART 3--GENERAL REQUIREMENTS

Sec. 3.1 Applicability.

  (a) This part applies to any person who makes a record regarding:

  (1) A type-certificated product, or

  (2) A product, part, appliance or material that may be used on a type-certificated product.

  (b) Section 3.5(b) does not apply to records made under part 43 of this chapter.

Sec. 3.5 Statements about products, parts, appliances and materials.

  (a) Definitions. The following terms will have the stated meanings when used in this section:

  Airworthy means the aircraft conforms to its type design and is in a condition for safe operation.

  Product means an aircraft, aircraft engine, or aircraft propeller.

  Record means any writing, drawing, map, recording, tape, film, photograph or other documentary material by which information is preserved or conveyed in any format, including, but not limited to, paper, microfilm, identification plates, stamped marks, bar codes or electronic format, and can either be separate from, attached to or inscribed on any product, part, appliance or material.

  (b) Prohibition against fraudulent and intentionally false statements. When conveying information related to an advertisement or sales transaction, no person may make or cause to be made:

  (1) Any fraudulent or intentionally false statement in any record about the airworthiness of a type-certificated product, or the acceptability of any product, part, appliance, or material for installation on a type-certificated product.

  (2) Any fraudulent or intentionally false reproduction or alteration of any record about the airworthiness of any type-certificated product, or the acceptability of any product, part, appliance, or material for installation on a type-certificated product.

  (c) Prohibition against intentionally misleading statements.

  (1) When conveying information related to an advertisement or sales transaction, no person may make, or cause to be made, a material representation that a type-certificated product is airworthy, or that a product, part, appliance, or material is acceptable for installation on a type-certificated product in any record if that representation is likely to mislead a consumer acting reasonably under the circumstances.

  (2) When conveying information related to an advertisement or sales transaction, no person may make, or cause to be made, through the omission of material information, a representation that a type-certificated product is airworthy, or that a product, part, appliance, or material is acceptable for installation on a type-certificated product in any record if that representation is likely to mislead a consumer acting reasonably under the circumstances.

  (d) The provisions of Sec. 3.5(b) and Sec. 3.5(c) shall not apply if a person can show that the product is airworthy or that the product, part, appliance or material is acceptable for installation on a type-certificated product.

The AEA's Take

The new 14 CFR Part 3 is a critically NEW criterion applicable to ALL avionics shops and distributors that sell aircraft parts and accessories. Members are encouraged to read the new standards and review all sales catalogs for misleading statements.

FMI: www.aea.net