Aero-Tips!
A good pilot is always learning -- how many times have you heard
this old standard throughout your flying career? There is no truer
statement in all of flying (well, with the possible exception of
"there are no old, bold pilots.") It's part of what makes aviation
so exciting for all of us... just when you think you've seen it
all, along comes a scenario you've never imagined.
Aero-News has called upon the expertise of Thomas P. Turner,
master CFI and all-around-good-guy, to bring our readers -- and us
-- daily tips to improve our skills as aviators, and as
representatives of the flying community. Some of them, you may have
heard before... but for each of us, there will also be something we
might never have considered before, or something that didn't
"stick" the way it should have the first time we memorized it for
the practical test.
It is our unabashed goal that "Aero-Tips" will help our readers
become better, safer pilots -- as well as introducing our
ground-bound readers to the concepts and principles that keep those
strange aluminum-and-composite contraptions in the air... and allow
them to soar magnificently through it.
Look for our daily Aero-Tips segments, coming each day to you
through the Aero-News Network. Suggestions for future Aero-Tips are
always welcome, as are additions or discussion of each day's tips.
Remember... when it comes to being better pilots, we're all in this
together.
Aero-Tips 06.10.06
Although the FAA itself proclaims:
"The term "airworthy" is not defined in Title 49, United
States Code (49 U.S.C.), or in 14 CFR [which contains the Federal
Air Regulations]..."
A reader wrote in response to the recent Aero-Tips item "Is It Airworthy?" with the
following interpretation from the FAA, repeated here in full:
Chapter 1 - Introduction
9. INTERPRETATION OF THE TERM "AIRWORTHY" FOR U.S.
TYPE-CERTIFICATED AIRCRAFT. The term "airworthy" is not defined in
Title 49, United States Code (49 U.S.C.), or in 14 CFR; however, a
clear understanding of its meaning is essential for use in the
agency's airworthiness certification program. Below is a summary of
the conditions necessary for the issuance of an airworthiness
certificate. A review of case law relating to airworthiness reveals
two conditions that must be met for an aircraft to be considered
"airworthy." 49 U.S.C. § 44704(c) and 14 CFR § 21.183(a),
(b), and (c) state that the two conditions necessary for issuance
of an airworthiness certificate: a. the aircraft must conform to
its TC. Conformity to type design is considered attained when the
aircraft configuration and the components installed are consistent
with the drawings, specifications, and other data that are part of
the TC, which includes any supplemental type certificate (STC) and
field approved alterations incorporated into the aircraft. b. The
aircraft must be in a condition for safe operation. This refers to
the condition of the aircraft relative to wear and deterioration,
for example, skin corrosion, window delamination/crazing, fluid
leaks, and tire wear. NOTE: If one or both of these conditions are
not met, the aircraft would be considered unairworthy. Aircraft
that have not been issued a TC must meet the requirements of
paragraph 9b above.
This FAA's interpretation stipulates requirements for issuance
of an airworthiness certificate—which, once issued, is valid
for the life of the airplane. It agrees, however, with my
recent Aero-Tips article that describes the day-to-day
continued airworthiness check of a preflight inspection, by
including TCDS and STC compliance and a check is that "the aircraft
is free from damage or defect that would interfere with the safe
conduct of the flight" as part of determining that an aircraft
remains airworthy.
Thanks, reader, for your added perspective, and for reminding us
that sometimes the FAA works under interpretive guidance and case
law that does not have a basis in the regulations themselves.
Aero-tip of the day: As before, uphold a high
standard of airworthiness in your preflight inspections.
Ultimately it's protection of your life, and the lives of your
passengers that is the definitive measure of
airworthiness.
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