What Regulations Affect Aircraft Maintenance and How to Stay Compliant?

What Regulations Affect Aircraft Maintenance and How to Stay Compliant?

The FAA’s mission is to safeguard civil aviation, which requires overseeing the regular maintenance of planes, helicopters, and other aircraft. Some of the most tragic aviation accidents have resulted from cutting corners on aircraft maintenance. Even when a maintenance error does not result in a loss of life, it can end a career or a business in aviation.

Every owner and operator has a legal responsibility to fly an airworthy aircraft, and keeping current with FAA regulations is part of the job. The FAA also issues airworthiness directives (ADs) that update the public on specific aircraft, parts, products, or manufacturing processes that present new concerns.

Rules governing maintenance standards are primarily laid out in Part 43 of the FAA regulations. However, the requirements for regular maintenance also depend on the type of flight the aircraft is involved in—whether it is a leisure aircraft or flown for commercial purposes, whether it carries paying passengers or not. However, nearly all aircraft need regular inspections to operate.

Inspection Requirements

Periodic Inspections

Almost all general aviation aircraft—those that fly under Part 91—must have an annual inspection by an authorized service provider. This includes most personal aircraft used by private pilots for hobby or leisure travel, as well as limited business use.

Aircraft that carry any other people for hire—except crew members but including flight students—must undergo an inspection for every 100 hours of flight time. When an aircraft is past its annual inspection date, it may need a ferry permit from the local Flight Standards District Office (FSDO) to reach an inspection station. However, an aircraft on a 100-hour schedule may exceed it by no more than 10 hours to reach a station.

For large airplanes, multi-engine planes, and turbine-powered rotorcraft, an approved aircraft inspection program is required. See 14 CFR § 91.409(e). Manufacturers often provide inspection plans that are approved by the FAA.

A progressive inspection program can allow scheduled partial equipment checks instead of a single review at one year or one hundred hours. The FSDO must approve an owner’s progressive inspection plan for an aircraft.

Inspections on a yearly or 100-hour basis will review the aircraft’s fuselage, power plant, landing gear, emergency locator transmitters (ELTs), and more, depending on the make and model of the aircraft. See FAA AC 20-106 for an owner’s guide to inspection procedures.

Some instruments require separate or more frequent inspections. For example, a VOR receiver—a VHF navigation system—must be checked every 30 days. 14 CFR § 91.171. A transponder requires 24-month inspections, and when an aircraft operates under IFR (instrument flight rules), its altimeter does as well. See §§ 91.411, 91.413.

Unscheduled Maintenance

When a preflight check or an in-flight event reveals a new problem with an aircraft, the owner/operator must address it, even if the flight has to be cut short or canceled. No aircraft may fly unless it is “in an airworthy condition,” and the pilot is “responsible for determining whether that aircraft is in condition for safe flight.” See § 91.7.

Only certificated mechanics, repairmen, and repair stations can conduct airworthy repairs under FAA regulations, although pilots may perform some preventative maintenance. See § 43.7. Major repairs and alterations must also be reported to the FAA. Moreover, the FAA requires a record of all maintenance and alterations, noting the date and description of the work together with the certificate holder’s information. Air carriers operating under Parts 121 or 135 will generally have a continuous maintenance program with its own recording requirements. See § 43.9.

Keeping Current with ADs

“[The] FAA issues an airworthiness directive addressing a product when we find that:

(a) An unsafe condition exists in the product; and

(b) The condition is likely to exist or develop in other products of the same type design.”

14 CFR § 39.5.

ADs address recently discovered failures and weaknesses in specific aircraft components, much as product recalls do. Unlike product recalls, the responsibility to address ADs lies with owners, operators, and repair providers. ADs provide detailed inspection, repair, or replacement instructions for affected components. If these are not feasible, the FAA may also approve an alternative means of compliance (AMOC), depending on the particular AD at issue.

As with other FAA regulations, ADs are legally enforceable and part of the owner/operator’s duty to maintain an airworthy aircraft. See § 39.3. They should not be confused with Advisory Circulars (ACs), which are not legally binding unless otherwise part of the law. ADs are available for review at the FAA’s online Dynamic Regulatory System.

Your Flight Plan for Compliance

Understanding how to keep up with federal guidance is not always easy. Our Florida team of aviation attorneys can help you manage regulatory compliance. When things have gone awry, we offer defense in civil litigation or administrative proceedings with the FAA and NTSB. Let us help you stay safe—in the air, the shop, and the office. Contact us at 954-400-4643 to schedule your initial consultation.