I have conducted many general aviation seminars over the years on the subject of aircraft maintenance records and I am always surprised when I hear an aircraft owner or operator politely inform me that maintenance records along with everything else in Subpart E of part 91 isn’t their responsibility; they typically mean that with all sincerity. Comments usually include something to the effect of; “since Subpart E of part 91 refers to maintenance, well, I let my technician handle that part.” Part 91 covers the rules governing the operation of aircraft, with some exceptions, and includes continued airworthiness actions which must be undertaken by the operators of those aircraft. Part 43, Maintenance, Preventive Maintenance, Rebuilding and Alteration contains the rules a technicians must comply with when performing maintenance. Two separate rules but they should intersect if you have open communications with your maintenance tech.
Subpart E entitled Maintenance, Preventive Maintenance and Alterations, contains its own applicability section (§ 91.401) since there are various types of operations to which certain sections don’t apply. You will note that § 91.417, Maintenance Records Requirements, among other rules, does not apply to aircraft operated under parts 121 (domestic, flag, and supplemental carriers), 129 (foreign operators of U.S. registered aircraft used in common carriage), or 91.1411 (fractionals), or 135.411(a)(2) (commonly referred to as a 10 or more operators).
It is important to understand that when an aircraft is removed from one of the types of operations mentioned, and not placed on another operating certificate, that the record keeping requirements revert back to part 91, Subpart E. This is especially important since an air carrier or fractional operator may have been authorized extended times for component overhauls and perhaps, in rare instances, life limit parts extensions based on that particular carriers operating experience and internal inspection program. In most cases an aircraft being removed from a carrier’s certificate will require a bridging inspection to ensure that overhaul limits and life limits are in line with the manufactures airworthiness limitations section if applicable so that the aircraft will be in compliance with part 91.
At a glance part 91 contains the requirements for compliance with a manufacturers airworthiness limitation section if applicable, maintenance required, operation after maintenance, aircraft inspections and changes to inspection programs, altimeter and transponder system inspection and tests, maintenance records, transfer of maintenance records and rebuilt engine maintenance records.
Bottom line, if you are an owner or operator then you needs to understand your maintenance record keeping requirements. You are responsible for maintaining your aircraft in an “airworthy” condition and that include compliance with Airworthiness Directives (part 39). Airworthy is not defined in the rules but the requirements are clearly stated in blocks 5 and 6 of FAA Form 8100-2, Standard Airworthiness Certificate. Those two blocks contain the following information;
5. AUTHORITY AND BASIS FOR ISSUE
This airworthiness certificate is issued pursuant 49 U.S.C § 44704 and certifies that, as of the date of issuance, the aircraft to which issued has been inspected and found to conform to the type certificate therefor, to be in condition for safe operation, and has been shown to meet the requirements of the applicable comprehensive and detailed airworthiness code as provided by Annex 8 to the Convention on International Civil Aviation, except as noted.
6. TERMS AND CONDITIONS
Unless sooner surrendered, suspended, revoked, or a termination date is otherwise established by the Administrator, this airworthiness certificate is effective as long as the maintenance, preventive maintenance, and alterations are performed in accordance with Parts 21, 43, and 91 of the Federal Aviation Regulations, as appropriate, and the aircraft is registered in the United States.
If the aircraft conforms to the all important Type Certificate and is in a condition for safe operation, and all maintenance, preventive maintenance, and alterations are performed in accordance with parts 21 (Certification Procedures for Products and Parts), 43 (Maintenance, Preventive Maintenance, Rebuilding and Alteration), and part 91 (General Operating and Flight Rules), then the aircraft should meet the intent of the term “airworthy.”
As you can see if you are an owner or operator are ultimately responsible for the airworthiness of your aircraft. Maintenance technicians are not obligated to chase you around the country to let you know when your ADs or maintenance actions are due but they at least have to provide you with enough information in their maintenance record entries so that you can comply with your obligations. You are also responsible for ensuring that each maintenance technician makes the appropriate record entries. That statement typically opens a few eyes, creates a little controversy, but it is a fact. Get with your technician the next time you have any maintenance performed and discuss the records so that both of you understand your respective obligations. In the mean time if you haven’t ventured into part 43, Maintenance, Preventive Maintenance, Rebuilding and Alteration, now would be a good time. Pay particular attention to §§ 43.9 and 43.11. These two rules contain the requirements for maintenance and inspection record entries respectively which a technician must comply with.
If you decide to sell your aircraft to a buyer located abroad then you can expect a Designated Airworthiness Representative to review your records for regulatory compliance prior to the issuance of an Export Certificate of Airworthiness. Believe me, you don’t want to experience the unpleasantries of non-compliance and you certainly shouldn’t wait until the 11th hour to find out your aircraft records aren’t up to speed. The DAR is not your quality control! You now know it’s a regulatory requirement to maintain certain records and let’s face it, its not a good selling point if the records are a disaster; it will actually cost you in the long run. In the next piece we’ll break down what the regulatory requirements are for specific maintenance records.
