Opinion Upends Model In Place For 60 Years

On September 3, attorneys for the FAA issued a legal interpretation of 14 CFR §43.3(d), which changes how the FAA views the model of standard maintenance supervision that has been in place since the 1960s and threatening general aviation maintenance operations.

The language of §43.3(d) defines the process through which anyone was allowed to perform maintenance on aircraft, but not inspections, provided they are supervised by someone certificated to perform the task being done. This allows shops to train new mechanics and allows for owner-assisted maintenance. It also allows shops to utilize more staff resources, which makes the entire maintenance industry function more efficiently.

The key phrase is “…to the extent necessary to ensure that it is being done properly.” In practice, certificated A&P mechanics teach staff, trainees, and owners how to do the various tasks, and then use their judgment and discretion to assess when they need to assist or instruct. For example, new trainees or owners need more attention than one who has worked in the shop for years.

The issue began when a FAA Flight Standards District Office (FSDO) manager requested an interpretation of whether the supervisor must be physically present to supervise or if they may do it through zoom, facetime, or other electronic methods. Two years later the FAA responded.

The first part of the new interpretation states that “in person” explicitly requires the physical presence of the supervisor and that virtual presence cannot be used in its place. The second part states that the certified mechanic must be available not just to answer questions but to notice mistakes and take over if necessary.

The first part is surprising in the present day when remote technologies are used in innumerable settings for meetings, demonstrations, and where medicine and even surgery can be performed remotely. Heck, much of the FAA’s own supervisory work is done remotely.

The second part of the legal interpretation completely disregards the idea of supervisor discretion and ignores its own words in §43.3(d) that says “to the extent necessary to ensure that it is being done properly.” It essentially says that a certificated mechanic must be looking over the shoulder of every employee, trainee, and owner while they, for example, change the airplane’s oil, every time they change the oil.

Feedback from maintenance shops indicates that the one-to-one model the interpretation specifies would force them to cut staff. In a world where maintenance shops are already backlogged for months, this is causing some resistance. National aviation groups are challenging the interpretation, and only time will tell how the FAA will handle this latest affront to the industry.

FMI:  www.aopa.org/