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Jack,

Thanks for your learned reply. Its too bad,  but many pilots I see coming to
me for private through ATP checkrides do not know how to establish whether or
not an aircraft is "airworthy".  The folllowing are some regs for those who
would like to be better informed pilots.

FAR 91.7 tasks the PIC with determining if an aircraft is airworthy. If it
becomes unairworthy during flight, FAR 91.7 says the pilot shall discontinue
the flight.

FAR 91.403 tasks the owner/ operator with maintaining the aircraft in an
airworthy condition.

FAR 91.213 says "no person may takeoff with inoperative instruments or
equipment installed unless:
    (d) (1) (ii) the flight is conducted in a non-turbine powered
airplane...for which a Master Minimum Equipment List has not been developed"
        (2) The inop equipment is not part of the day VFR type certification
instruments and equipment prescribed in the applicable airworthiness
standards under which the aircraft was type certificated.
        (i) Indicated as required on the aircraft's equipment list
        (ii) Required by 91.205 or any other rule of this part
        (3) (i) removed from the aircraft, the cockpit control placarded, and
the maintenance recorded IAW FAR Part 43...
        (ii) deactivated and placarded

I do not see any leeway in the regulations for experimental aircraft.
        
So, how do you determine if an aircraft is airworthy? Good question-- it is
on about every FAA Practical Test Standard for every rating so it must be
pretty important.
    First-- does the discrepancy affect the mechanical, electrical or
structural integrity of the airplane? If so, the then airplane is probably
unairworthy.
        Examples would be engine, magnetos,  flight controls (primary and
secondary), doors, windows, spars,  skin-- in other words-- if your airplane
needed it to get an airworthiness certificate then it is required.  No
exceptions-- not even for experimental.
    Second-- if it doesn't affect the mechanical, electrical or structural
integrity is it required for the kind of flight conducted?  The minimum is
Day VFR (see 91.205). So the  airspeed, altimeter, tach, oil pressure guage,
MAP, fuel guages, landing gear position indicator, anticollision light,
safety belt, and ELT are all required to be installed and work properly-- no
exceptions.
    Third-- does the aircraft equipment list address the item as required for
flight or optional. On a Beech Duchess both loadmeters must be operational
per the AFM. The cabin heater is optional.

There is a provision under FAR 21.197 and 199 to get a special flight permit
to get the aircraft to a point that repairs may be made. Application is made
to the FSDO for this permit and the aircraft must be operated in accordance
with the permit.

Jeff Edwards
Designated Pilot Examiner
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