REFLECTOR: Reflector Digest, Vol 94, Issue 18

[John Youngblood]

Jeff,

Whether you can legally fly an aircraft with inoperative equipment is covered pretty well by Federal Aviation Regulation 91.213, "Inoperative instruments and equipment."  Check out item #7 under IFR.

The first part of this regulation talks a lot about Minimum Equipment Lists. Basically, an MEL lists all the equipment in a specific aircraft and tells whether the pilot can fly that aircraft if a specific item on the list is inoperative.

Most general aviation aircraft don't have MELs, so you have to read down to subparagraph (d), which covers aircraft that don't have an MEL.

To cut through the FAR's legalese, you cannot legally fly an aircraft if the inoperative equipment is among the instruments or equipment required for VFR flight by FAR 91.205. In other words, if any of the following items don't work, you can't fly the airplane.

Airspeed indicator.

Altimeter.

Magnetic direction indicator [compass].

Tachometer for each engine.

Oil pressure gauge for each engine using pressure system.

Temperature gauge for each liquid-cooled engine.

Oil temperature gauge for each air-cooled engine.

Manifold pressure gauge for each altitude engine.

Fuel gauge indicating the quantity of fuel in each tank.

Landing gear position indicator, if the aircraft has a retractable landing gear.

For small civil airplanes certificated after March 11, 1996*an approved aviation red or aviation white anticollision light system. In the event of failure of any light of the anticollision light system, operation of the aircraft may continue to a location where repairs or replacement can be made.

If the aircraft is operated for hire over water and beyond power-off gliding distance from shore, approved flotation gear readily available to each occupant and at least one pyrotechnic signaling device.

An approved safety belt with an approved metal-to-metal latching device for each occupant 2 years of age or older.

For small civil airplanes manufactured after July 18, 1978, an approved shoulder harness for each front seat.

An emergency locator transmitter, if required by 91.207.

For normal, utility, and acrobatic category airplanes with a seating configuration, excluding pilot seats, of 9 or less, manufactured after December 12, 1986, a shoulder harness for -

For rotorcraft manufactured after September 16, 1992, a shoulder harness for each seat that meets the requirements of 27.2 or 29.2 of this chapter in effect on September 16, 1991.
And if you're flying at night, add these items to the list:
Instruments and equipment specified in paragraph (b) of this section.

Approved position lights.

An approved aviation red or aviation white anticollision light system on all U.S.-registered civil aircraft.

If the aircraft is operated for hire, one electric landing light.

An adequate source of electrical energy for all installed electrical and radio equipment.

One spare set of fuses, or three spare fuses of each kind required, that are accessible to the pilot in flight.
And if you're flying IFR, you add these to the list, too:
Instruments and equipment specified in paragraph (b) [the instruments and equipment required for VFR] of this section, and, for night flight, instruments and equipment specified in paragraph (c) of this section.

Two-way radio communications system and navigational equipment appropriate to the ground facilities to be used.

Gyroscopic rate-of-turn indicator

Slip-skid indicator.

Sensitive altimeter adjustable for barometric pressure.

A clock displaying hours, minutes, and seconds with a sweep-second pointer or digital presentation.

Generator or alternator of adequate capacity.

Gyroscopic pitch and bank indicator (artificial horizon).

Gyroscopic direction indicator (directional gyro or equivalent).
What items on these lists must work before you can fly depends on the type of flying you plan to do. For example, let's say the attitude indicator is busted. You can make a VFR flight because the attitude indicator is required for IFR flight, not VFR flight. The same thing is true for the clock and turn coordinator.
But, before you fly an aircraft with inoperative equipment that's not required for the type of flight you plant to make, FAR 91.213 requires the maintenance technician to remove or deactivate the offending instrument or control and affix a placard to the instrument or control that says "INOPERATIVE."

Finally, FAR 91.213 requires you-the rated and current pilot-to determine "that the inoperative instrument or equipment does not constitute a hazard to the aircraft."

So, if you have the required equipment, you're good to go!   If you had seven generators and six failed, you're good to go!!  You don't need an MEL.

To infinity and Beyond!



John Youngblood





On Jan 12, 2013, at 3:22 PM, Jeff Barnes wrote:

> Seconds on getting AOPA legal. Ya never know. Afterall, the FAA isn't happy until you're not happy.  And  I don't think you are obligated to render opinions to the FAA on behalf of the USA fleet of Velocity Aircraft.
> 
> Good Luck ! --Jeff Barnes
> 
> --- On Sat, 1/12/13, Brooke Wolf <bwolf1 at tds.net> wrote:
> 
> From: Brooke Wolf <bwolf1 at tds.net>
> Subject: Re: REFLECTOR: Reflector Digest, Vol 94, Issue 18
> To: reflector at tvbf.org
> Date: Saturday, January 12, 2013, 3:12 PM
> 
> Man, that is scary stuff Bob!  Might I suggest AOPA legal insurance?  Thankfully, I haven't had to use it so I can't tell you how good it is.  I have used their medical services and it was quite good.  In the medical case it was just a case of AOPA medical knowing which hoops to jump through and how high to jump.  Not a big deal, but it sure saved me a lot of headaches.  I suspect AOPA legal is similar. Both seem quite reasonably priced.  My mantra:  I just fly airplanes….I don't know nothin about no law and medicine!
> 
> Brooke
> 
>  
> 
>> 
>> From: "Bob Jackson \(Jax Tech\)" <bobj at JaxTechLLC.com>
>> Subject: REFLECTOR: Velocity MEL (Minimum Equipment List)
>> Date: January 12, 2013 2:42:59 PM EST
>> To: "'Velocity Aircraft Owners and Builders list'" <reflector at tvbf.org>
>> Cc: Bob & Ann Jackson <bobj at computer.org>, "Ron Marini \(L3 Comm\)" <Ron.Marini at L-3com.com>
>> Reply-To: bobj at JaxTechLLC.com, Velocity Aircraft Owners and Builders list <reflector at tvbf.org>
>> 
>> 
>> I lost an alternator on takeoff returning from KCHS at night, so I cancelled my IFR clearance and returned to KCHS for the night.  As the Repairman certificate holder, I inspected and determined on the ground that the plane was safe for flight (since we have two buses that can be cross-fed, two batteries and two alternators, each with adequate capacity for all electrical equipment operation) and flew home from KCHS the next morning on an IFR flight plan.
>> 
>>  
>> A week later I got a call from the FAA in South Carolina asking if we had a minimum equipment list, and if not, how I got the plane back from Charleston to Florida without first obtaining ferry permission from the local FSDO.  He also asked that I send him a statement explaining what happened along with my license and Repairman’s certificate numbers, which I did (a two sentence statement).  Apparently, the KCHS tower (or ATC) ‘turned me in’ when I cancelled my IFR clearance.
>> 
>>  
>> Two weeks later I just received a new voicemail from the Charlotte FAA office – which I haven’t been able to return yet, but that I suspect is over the same issue.
>> 
>>  
>> My questions are:
>> 
>> Do any other small planes, Velocity’s, or Experimental planes in general ever have MELs?  Do MELs apply to Experimentals?
>> If not, wouldn’t the equipment list included in FAR 91.205(d) (‘Instrument and Equipment Requirements’) serve essentially as a MEL – which says for IFR flight you are required to have ‘a generator or alternator of adequate capacity’?
>> Since we included considerable redundancy (including dual alternators) in our build, should we have created, or should we create now, a Minimum Equipment List (MEL) for our plane to cover this type of situation?
>>  
>> The Velocity POH that we carry in our plane includes a top level electrical schematic showing a single alternator.  The original Weight & Balance sheet we also carry lists oxygen system, two batteries, two alternators, IFR panel, etc as included in the empty weight for the W&B calculation.  Does the fact that we originally listed two imply to the FAA that we must always have TWO alternators now to safely fly (since we don’t have a MEL)?
>> 
>>  
>> We included two alternators in our design just for this situation -- to give us the redundancy to fly safely with only one alternator.  But now it seems like we can’t legally utilize it without asking for a ferry permit!
>> 
>>  
>> Does anyone have any suggestions for:
>> 
>> Short term – how to handle Charlotte FSDO discussion?
>> Long term – should we create (and get approved) our own MEL to allow us to fly with less than all the equipment we originally designed in?
>>  
>> Bob Jackson
>> 
>> N2XF  Velocity XL/RG
>> 
>> 750 hrs
>> 
>> 
>> 
>> 
> 
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