Mailing List lml@lancaironline.net Message #30194
From: <VTAILJEFF@aol.com>
Sender: <marv@lancaironline.net>
Subject: Re: [LML] Dead Battery
Date: Tue, 31 May 2005 14:08:41 -0400
To: <lml@lancaironline.net>
In a message dated 5/31/2005 9:08:03 A.M. Central Standard Time, petervana@earthlink.net writes:
I would be curious to learn if the FAR's for experimental airplanes would have permitted Lorn's flight, and do the laws provide for the establishment of an Minimum Equipment List?  If so, has one been developed?
There is no "special rule or exemption" for experimental aircraft when it comes to airworthiness under Part 91.
 
You may petition the FAA for an MEL but that applies to the aircraft in question, not all Lancairs.  I would doubt an inspector would permit an MEL to be written that would allow this flight under these circumstances. You could obtain a one time special flight permit from the FAA to "ferry" the aircraft to a place where repairs would be made-- but you must operate the 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 condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or 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 take off an aircraft with inoperative instruments or equipment installed unless the following conditions are met:

(d) Except for operations conducted in accordance with paragraph (a) or (c) of this section, a person may takeoff an aircraft in operations conducted under this part with inoperative instruments and equipment without an approved Minimum Equipment List provided—

(1) The flight operation is conducted in a—

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

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

(2) The inoperative instruments and equipment are not—

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

(ii) Indicated as required on the aircraft's equipment list, or on the Kinds of Operations Equipment List for the kind of flight operation being conducted;

(iii) Required by §91.205 or any other rule of this part for the specific kind of flight operation being conducted; or

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

(3) The inoperative instruments and equipment are—

(i) Removed from the aircraft, the cockpit control placarded, and the maintenance recorded in accordance with §43.9 of this chapter; or

(ii) Deactivated and placarded “Inoperative.” If deactivation of the inoperative instrument or equipment involves maintenance, it must be accomplished and recorded in accordance with part 43 of this chapter; and

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

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

(e) Notwithstanding any other provision of this section, an aircraft with inoperable instruments or equipment may be operated under a special flight permit issued in accordance with §§21.197 and 21.199 of this chapter.

 

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