X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Tue, 31 May 2005 14:08:41 -0400 Message-ID: X-Original-Return-Path: Received: from imo-m20.mx.aol.com ([64.12.137.1] verified) by logan.com (CommuniGate Pro SMTP 4.3.3) with ESMTP id 970280 for lml@lancaironline.net; Tue, 31 May 2005 10:47:32 -0400 Received-SPF: pass receiver=logan.com; client-ip=64.12.137.1; envelope-from=VTAILJEFF@aol.com Received: from VTAILJEFF@aol.com by imo-m20.mx.aol.com (mail_out_v38_r1.7.) id q.1ed.3ced7999 (4328) for ; Tue, 31 May 2005 10:46:39 -0400 (EDT) From: VTAILJEFF@aol.com X-Original-Message-ID: <1ed.3ced7999.2fcdd2cf@aol.com> X-Original-Date: Tue, 31 May 2005 10:46:39 EDT Subject: Re: [LML] Dead Battery X-Original-To: lml@lancaironline.net MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="-----------------------------1117550799" X-Mailer: 9.0 Security Edition for Windows sub 1200 -------------------------------1117550799 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Content-Language: en =20 In a message dated 5/31/2005 9:08:03 A.M. Central Standard Time, =20 petervana@earthlink.net writes: I would be curious to learn if the FAR's for experimental airplanes would=20 have permitted Lorn's flight, and do the laws provide for the establishment= of=20 an Minimum Equipment List? If so, has one been developed? There is no "special rule or exemption" for experimental aircraft when it =20 comes to airworthiness under Part 91.=20 =20 You may petition the FAA for an MEL but that applies to the aircraft in =20 question, not all Lancairs. I would doubt an inspector would permit an MEL=20= to be=20 written that would allow this flight under these circumstances. You could =20 obtain a one time special flight permit from the FAA to "ferry" the aircraf= t to=20 a place where repairs would be made-- but you must operate the aircraft=20 within the limits of the ferry permit. =20 See the below regulations. If you have any questions-- fire away. =20 Jeff Edwards =20 Section 91.7: Civil aircraft airworthiness. (a) No person may operate a civil aircraft unless it is in an airworthy =20 condition. =20 (b) The pilot in command of a civil aircraft is responsible for determining=20= =20 whether that aircraft is in condition for safe flight. The pilot in command=20= =20 shall discontinue the flight when unairworthy mechanical, electrical, or =20 structural conditions occur. (my emphasis) =20 =20 =20 =20 Section 91.213: Inoperative instruments and equipment. (a) Except as provided in paragraph (d) of this section, no person may take=20= =20 off an aircraft with inoperative instruments or equipment installed unless t= he=20 following conditions are met: =20 (d) Except for operations conducted in accordance with paragraph (a) or (c)=20= =20 of this section, a person may takeoff an aircraft in operations conducted=20 under this part with inoperative instruments and equipment without an appro= ved=20 Minimum Equipment List provided=E2=80=94=20 (1) The flight operation is conducted in a=E2=80=94 =20 (i) Rotorcraft, non-turbine-powered airplane, glider, lighter-than-air =20 aircraft, powered parachute, or weight-shift-control aircraft, for which a =20= master=20 minimum equipment list has not been developed; or =20 (ii) Small rotorcraft, nonturbine-powered small airplane, glider, or =20 lighter-than-air aircraft for which a Master Minimum Equipment List has been= =20 developed; and =20 (2) The inoperative instruments and equipment are not=E2=80=94=20 (i) Part of the VFR-day type certification instruments and equipment =20 prescribed in the applicable airworthiness regulations under which the aircr= aft was=20 type certificated; =20 (ii) Indicated as required on the aircraft's equipment list, or on the Kinds= =20 of Operations Equipment List for the kind of flight operation being=20 conducted; =20 (iii) Required by =C2=A7_91.205_=20 (http://www8.landings.com/cgi-bin/get_file?pass=3D12345&FAR/part_91/section_= 91.205.html) or any other rule of this part for the=20 specific kind of flight operation being conducted; or =20 (iv) Required to be operational by an airworthiness directive; and =20 (3) The inoperative instruments and equipment are=E2=80=94=20 (i) Removed from the aircraft, the cockpit control placarded, and the =20 maintenance recorded in accordance with =C2=A7_43.9_=20 (http://www8.landings.com/cgi-bin/get_file?pass=3D12345&FAR/part_43/section_= 43.9.html) of this chapter; or =20 (ii) Deactivated and placarded =E2=80=9CInoperative.=E2=80=9D If deactivatio= n of the =20 inoperative instrument or equipment involves maintenance, it must be accomp= lished=20 and recorded in accordance with part _43_=20 (http://www8.landings.com/cgi-bin/get_file?pass=3D12345&FAR/part_43/toc.html= ) of this chapter; and =20 (4) A determination is made by a pilot, who is certificated and appropriatel= y=20 rated under part _61_=20 (http://www8.landings.com/cgi-bin/get_file?pass=3D12345&FAR/part_61/toc.html= ) of this chapter, or by a person, who is certificated=20 and appropriately rated to perform maintenance on the aircraft, that the=20 inoperative instrument or equipment does not constitute a hazard to the air= craft. =20 An aircraft with inoperative instruments or equipment as provided in =20 paragraph (d) of this section is considered to be in a properly altered con= dition=20 acceptable to the Administrator. =20 (e) Notwithstanding any other provision of this section, an aircraft with =20 inoperable instruments or equipment may be operated under a special flight =20 permit issued in accordance with =C2=A7=C2=A7_21.197_=20 (http://www8.landings.com/cgi-bin/get_file?pass=3D12345&FAR/part_21/section_= 21.197.html) and _21.199_=20 (http://www8.landings.com/cgi-bin/get_file?pass=3D12345&FAR/part_21/section_= 21.199.html) of=20 this chapter. =20 -------------------------------1117550799 Content-Type: text/html; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Content-Language: en
In a message dated 5/31/2005 9:08:03 A.M. Central Standard Time,=20 petervana@earthlink.net writes:
<= FONT=20 style=3D"BACKGROUND-COLOR: transparent" face=3DArial color=3D#000000 size= =3D2>
I would=20= be curious=20 to learn if the FAR's for experimental airplanes would have permitted Lorn= 's=20 flight, and do the laws provide for the establishment of an Minimum=20 Equipment List?  If so, has one been=20 developed?
There is no "special rule or exemption" for experimental aircraft when=20= it=20 comes to airworthiness under Part 91.
 
You may petition the FAA for an MEL but that applies to the aircraft in= =20 question, not all Lancairs.  I would doubt an inspector would permit an= MEL=20 to be written that would allow this flight under these circumstances. You co= uld=20 obtain a one time special flight permit from the FAA to "ferry" the=20 aircraft to a place where repairs would be made-- but you must operate the=20 aircraft within the limits of the ferry permit.
 
See the below regulations. If you have any questions-- fire away.
 
Jeff Edwards

Section 91.7: Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy=20 condition.

(b) The pilot in command of a civil aircraft is responsible for determini= ng=20 whether that aircraft is in condition for safe flight. The pilot in comm= and=20 shall discontinue the flight when unairworthy mechanical, electrical, or=20 structural conditions occur.  (my emphasis)

 
 
 

Section 91.213: Inoperative instruments and equipment.

(a) Except as provided in paragraph (d) of this section, no person may ta= ke=20 off an aircraft with inoperative instruments or equipment installed unless t= he=20 following conditions are met:

(d) Except for operations conducted in accordance with paragraph (a) or (= c)=20 of this section, a person may takeoff an aircraft in operations conducted un= der=20 this part with inoperative instruments and equipment without an approved Min= imum=20 Equipment List provided=E2=80=94

(1) The flight operation is conducted in a=E2=80=94

(i) Rotorcraft, non-turbine-powered airplane, glider, lighter-than-air=20 aircraft, powered parachute, or weight-shift-control aircraft, for which a=20 master minimum equipment list has not been developed; or

(ii) Small rotorcraft, nonturbine-powered small airplane, glider, or=20 lighter-than-air aircraft for which a Master Minimum Equipment List has been= =20 developed; and

(2) The inoperative instruments and equipment are not=E2=80=94

(i) Part of the VFR-day type certification instruments and equipment=20 prescribed in the applicable airworthiness regulations under which the aircr= aft=20 was type certificated;

(ii) Indicated as required on the aircraft's equipment list, or on the Ki= nds=20 of Operations Equipment List for the kind of flight operation being conducte= d;=20

(iii) Required by =C2=A791.205=20 or any other rule of this part for the specific kind of flight operation bei= ng=20 conducted; or

(iv) Required to be operational by an airworthiness directive; and

(3) The inoperative instruments and equipment are=E2=80=94

(i) Removed from the aircraft, the cockpit control placarded, and the=20 maintenance recorded in accordance with =C2=A743.9=20 of this chapter; or

(ii) Deactivated and placarded =E2=80=9CInoperative.=E2=80=9D If deactiva= tion of the=20 inoperative instrument or equipment involves maintenance, it must be=20 accomplished and recorded in accordance with part 43=20 of this chapter; and

(4) A determination is made by a pilot, who is certificated and appropria= tely=20 rated under part 61=20 of this chapter, or by a person, who is certificated and appropriately rated= to=20 perform maintenance on the aircraft, that the inoperative instrument or=20 equipment does not constitute a hazard to the aircraft.

An aircraft with inoperative instruments or equipment as provided in=20 paragraph (d) of this section is considered to be in a properly altered=20 condition acceptable to the Administrator.

(e) Notwithstanding any other provision of this section, an aircraft with= =20 inoperable instruments or equipment may be operated under a special flight=20 permit issued in accordance with =C2=A7=C2=A721.197=20 and 21.199=20 of this chapter.

 

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