Breakout 91.213 discussion from Icing thread...

Re: Icing

I'll admit, I've been out of part 91 operations for a while, but without an MEL I don't see many other legal ways of doing what you're suggesting in 91.213. I'll admit in that I'm not doing a ton of research on this one, and I'll also admit again that I haven't operated without an MEL in years, but AOPA seems to have a fairly good breakdown here:




Care to cite another regulation?

I'll stick with 91.213. It doesn't say that the equipment has to be removed from the aircraft. Here's the pertinent section:

"(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)..."

It can be simply deactivated (pull and tie a breaker for example) and placarded. If that takes more than 30 seconds you're loafing. :D
 
Re: Icing

I'll admit, I've been out of part 91 operations for a while, but without an MEL I don't see many other legal ways of doing what you're suggesting in 91.213. I'll admit in that I'm not doing a ton of research on this one, and I'll also admit again that I haven't operated without an MEL in years, but AOPA seems to have a fairly good breakdown here:




Care to cite another regulation?

Its in there, hold up... 91.213.D.3.i
 
Re: Icing

Gotcha, just found the same in an AC.

BTW, what you say to the inspector is that to the best of your knowledge all the equipment on the aircraft is functioning properly. Inspectors are not God, and equipment will, at times, work properly when you check it and the next time you turn it on it won't function.
 
Re: Icing

My answer would be, "I don't know." And I'm completely serious about that. If a fed is going to bust me, they will be able to find a way to bust me regardless of what I say.

My answer would be "it all worked when I preflighted this morning and as far as I know it is all still operational."

With regard to following the manufacturer's operating handbook/checklist, I'm not sure that the guidance needs to be followed quite as explicitly as you're saying it does. The checklists provide recommended procedures, but are not limitations in and of themselves.

"not limitations" - agreed.
Looking at the 172S handbook, the checklist does call for a pitot heat check during the preflight inspection. It also calls for the baggage door to be locked with a key. During the Before Starting Engine check, it calls for the parking brake to be set.

Does this mean I could be violated for flying with an unlocked baggage door, or not setting the parking brake during engine start?

I suppose I could, if something bad were to happen as a result of not following that guidance...sort of like how not checking pitot heat would be grounds for a violation if a problem were caused as a result of omitting that check. But I doubt that would happen on a VFR day.

I think one could also make an interesting argument for when a preflight inspection is even needed. I think we'd all agree a preflight inspection should be done prior to the first flight of the day. But how about if we fly to another airport, shut the engine down, chat with a friend in the FBO lobby for 5 minutes, then hop back in to fly again? Do we need to do a full preflight inspection again, following the manufacturer's checklist to a T, including a check of the pitot heat that we checked an hour ago?
A full preflight - no. A quick-turn preflight - yes. Pitot-heat recheck for a VFR flight - no, we can reasonably assume that it is still operational because we checked it prior to the first fight of the day and haven't done anything that would have caused its failure, and can reasonably assume that no one damaged that system during the 5 minutes that we were in the FBO lobby.

My point in bringing this up is that there is no defining point when a preflight inspection "expires" and has to be re-done. One might say, "The pitot heat worked last week, why do I have to check it now? I checked it a little while ago." I can't reference any regulation or manufacturer checklist explaining why this is not a good way to operate.

Then why would you EVER have to do a pre-flight after you've done it once? I'm of the opinion that the FAA would ask if there were reasonable possibility that something happened to the aircraft in the interim that could affect its airworthiness? What guideline do YOU use to decide if the airplane needs a preflight and how extensive of a preflight it needs?

This whole mess just gets more and more grey the more we discuss it. At some point, pilot judgment is all we have to rely on. And I'm not convinced that omitting the pitot heat check for a VFR flight with near zero chance of icing is evidence of poor judgment.

I think that the point of discussing it is so that it becomes LESS gray. As you have said already, it's important to really understand why we do the things that we do.

Anyway, I didn't say it was "poor judgement" to skip the pitot heat check for a VFR flight, I said that the decision to do so may have unintended consequences. One of the consequences is that we may be teaching a primary student that we can pick and choose when to follow the regulations. I understand (now) that it is not your intention to circumvent a regulation, thus the reason for discussing 91.213 in detail before getting to this point. Actually it might still be too early to get into this area of discussion, eh? :)

My premise is that the rules say that all equipment must be operational (or *properly* dealt with) prior to flight, and I also contend that there are reasonable expectations that we can make about how and when we need to verify this. I contend that it is not reasonable to assume that the pitot heat works if we haven't checked it and the aircraft has been out of our control for any extended period of time where others have flown the plane or handled it or otherwise had an opportuinity to cause damage unbeknown to us.
 
Re: Icing

A full preflight - no. A quick-turn preflight - yes. Pitot-heat recheck for a VFR flight - no, we can reasonably assume that it is still operational because we checked it prior to the first fight of the day and haven't done anything that would have caused its failure, and can reasonably assume that no one damaged that system during the 5 minutes that we were in the FBO lobby.

Right--I'd do the same--but that's based on being a prudent pilot, not because there is a regulatory or manufacturer's requirement to do so.

Then why would you EVER have to do a pre-flight after you've done it once? I'm of the opinion that the FAA would ask if there were reasonable possibility that something happened to the aircraft in the interim that could affect its airworthiness? What guideline do YOU use to decide if the airplane needs a preflight and how extensive of a preflight it needs?

Exactly...it's all a judgment call.

Anyway, I didn't say it was "poor judgement" to skip the pitot heat check for a VFR flight, I said that the decision to do so may have unintended consequences. One of the consequences is that we may be teaching a primary student that we can pick and choose when to follow the regulations. I understand (now) that it is not your intention to circumvent a regulation, thus the reason for discussing 91.213 in detail before getting to this point.

Ok, I see where you're coming from. My premise is that the regulations basically leave the preflight inspection / equipment checks to the pilot's judgment, with the manufacturer checklist as nothing more than a recommended procedure. I believe if a piece of equipment will not be used during a flight, such as the pitot heat, it does not need to be checked. I'll explain why in my next line...

My premise is that the rules say that all equipment must be operational (or *properly* dealt with) prior to flight, and I also contend that there are reasonable expectations that we can make about how and when we need to verify this. I contend that it is not reasonable to assume that the pitot heat works if we haven't checked it and the aircraft has been out of our control for any extended period of time where others have flown the plane or handled it or otherwise had an opportuinity to cause damage unbeknown to us.

I agree with that, to a point. The logic for when a pilot should reasonably be expected to do a preflight check is dead on.

But here's the thing--do you check every single piece of equipment onboard the aircraft prior to flight? And I mean *EVERY* piece of equipment? You do a radio check with both COM1 and COM2 to verify you can transmit and receive? You check every interior cockpit light, even for day flights? You check both the pilot and co-pilot PTT switches? You check the fuel shutoff valve actually shuts off the flow of fuel?

See where I'm going with this? It's impractical to check every piece of equipment prior to each flight. Even a 172 has potentially hundreds of items to check, all of which might technically make the aircraft unairworthy if found to be inoperative yet not placarded.

Then I ask, what's the difference between checking the pitot heat and the co-pilot PTT switch? For a simple VFR flight in a 172, they both have about the same level of significance and impact on safety.

One might argue that the pitot heat is listed on the manufacturer's preflight checklist while the PTT is not, but we've already talked about how the manufacturer's checklist is not mandatory and is designed to be used at the pilot's discretion.



Does this make any more sense as to why I say it's not dangerous or illegal to selectively ignore certain equipment checks?
 
Re: Icing

...
Ok, I see where you're coming from. My premise is that the regulations basically leave the preflight inspection / equipment checks to the pilot's judgment, with the manufacturer checklist as nothing more than a recommended procedure.

Agreement! :)

I believe if a piece of equipment will not be used during a flight, such as the pitot heat, it does not need to be checked. I'll explain why in my next line...
Shoot...disagreement! :D
I agree with that, to a point. The logic for when a pilot should reasonably be expected to do a preflight check is dead on.

But here's the thing--do you check every single piece of equipment onboard the aircraft prior to flight? And I mean *EVERY* piece of equipment? You do a radio check with both COM1 and COM2 to verify you can transmit and receive? You check every interior cockpit light, even for day flights? You check both the pilot and co-pilot PTT switches? You check the fuel shutoff valve actually shuts off the flow of fuel?

See where I'm going with this? It's impractical to check every piece of equipment prior to each flight. Even a 172 has potentially hundreds of items to check, all of which might technically make the aircraft unairworthy if found to be inoperative yet not placarded.

Then I ask, what's the difference between checking the pitot heat and the co-pilot PTT switch? For a simple VFR flight in a 172, they both have about the same level of significance and impact on safety.

The manufacturer's checklist gives really good guidance on the things that should be checked versus trying to check EVERYTHING.

One might argue that the pitot heat is listed on the manufacturer's preflight checklist while the PTT is not, but we've already talked about how the manufacturer's checklist is not mandatory and is designed to be used at the pilot's discretion.

Does this make any more sense as to why I say it's not dangerous or illegal to selectively ignore certain equipment checks?

We're close, but not quite in agreement. You say, and I agree, that there is some lattitude in how and when preflights are conducted. We agree that the regulations (for Part 91 anyway) allow the checklist to be a guideline and isn't necessarily required to be used in entirety for every single flight. The question that comes up then is what guideline do we use for "reasonable", and I say that the checklist is a really really reasonable guideline to use to verify that everything is operational on the aircraft.

Then I guess we're back to the question of whether or not 91.213 requires us to verify that all instruments and equipment are operational before flight, no? My contention is that the pilot needs to make a reasonable attempt to verify that everything is working, and you contend that he only needs to verify the things that he thinks are pertinent to the flight in question (did I state your view correctly?).

I can understand that we disagree on that point. I'm pretty comfortable with the way that I understand that regulation and how I think it needs to be met, but I'm most certainly not an expert on the topic. I've laid out my thinking on it and until I see something of a more concrete nature to dispute my thinking, I believe that I'll stay with my more conservative interpretation. Actually I have been half expecting tgrayson or Midlifeflight to come along and use some Letters of Interp or some such to correct me any time now, and I'd be perfectly happy to learn something new! :D

Reiterating; I think the regulation requires that everything be working or placarded (or other remediation), and that using the full checklist prior to first flight of the day is a reasonable method to assure this. Subsequent flights can certainly use shortened versions of the checklist depending upon what could reasonably be presumed about the continued condition of the aircraft.
 
Re: Icing

My point in bringing this up is that there is no defining point when a preflight inspection "expires" and has to be re-done. .

Only place I see that is in the military. A preflight (maintenance BPO), when accomplished, is annotated in the aircraft forms and is good for 72 hours if the aircraft isn't flown. Pilot-wise: our preflight checklist has the items to be preflighted. On that checklist, there are items marked with an asterisk symbol and those are items that must be re-checked (re-preflighted) following a quick turn, or such, prior to starting up again. It's maybe 40% of the original items. Maybe GA needs something similar, if only to answer the questions tha have popped up in this thread?
 
Re: Icing

Then I guess we're back to the question of whether or not 91.213 requires us to verify that all instruments and equipment are operational before flight, no? My contention is that the pilot needs to make a reasonable attempt to verify that everything is working, and you contend that he only needs to verify the things that he thinks are pertinent to the flight in question (did I state your view correctly?).

Yes, I'd say that's a very accurate summary of each of our views.

I'll agree to disagree with you on this topic.

Actually I have been half expecting tgrayson or Midlifeflight to come along and use some Letters of Interp or some such to correct me any time now, and I'd be perfectly happy to learn something new! :D

No kidding. Where are the lawyers when we need them??? :D
 
Re: Icing

I'll save myself some typing and say that I agree with jrh's viewpoint. Especially in little airplane part 91 operations. Since the feds tend to watch 135 and 91 fractionals a little closer, I'd probably be a bit more paranoid there. But, there too, you have guidance from your opspec and an MEL that makes inop, non-needed equipment very easy to deal with.
 
Re: Icing

Only place I see that is in the military. A preflight (maintenance BPO), when accomplished, is annotated in the aircraft forms and is good for 72 hours if the aircraft isn't flown. Pilot-wise: our preflight checklist has the items to be preflighted. On that checklist, there are items marked with an asterisk symbol and those are items that must be re-checked (re-preflighted) following a quick turn, or such, prior to starting up again. It's maybe 40% of the original items. Maybe GA needs something similar, if only to answer the questions tha have popped up in this thread?

I would say, "no," simply because I don't think a significant number of accidents would be prevented by such a system in the civilian/GA world. More procedures and regulations are the last thing I'm interested in ;)

But it is interesting how the military spells everything out like that.
 
Re: Icing

I would say, "no," simply because I don't think a significant number of accidents would be prevented by such a system in the civilian/GA world. More procedures and regulations are the last thing I'm interested in ;)

But it is interesting how the military spells everything out like that.

My point with the reccomendation is not so much to add any new regulation, but to define the questions that are being posed here and no one had an answer to (ie- when does a preflight expire? what needs to be done on (what we term in the military) a thruflight?

How else to answer those loopholes?
 
Re: Icing

I'd hate to send a student out on a X-C without checking navs, have them subsequently get lost, and now are expected back as the sun sets. Then during the preflight, find that the lights don't work at an outstation.

Small problem turned into a PITA.


For kestrel...icing course

At 50 hours, you're still a CAVOK pilot. If it's cold and there is water in the air (rain/snow/clouds/vis <1 SM), go BS at the hangar.
 
Re: Icing

I'd hate to send a student out on a X-C without checking navs, have them subsequently get lost, and now are expected back as the sun sets. Then during the preflight, find that the lights don't work at an outstation.

Small problem turned into a PITA.


For kestrel...icing course

At 50 hours, you're still a CAVOK pilot. If it's cold and there is water in the air (rain/snow/clouds/vis <1 SM), go BS at the hangar.


Once again, Polar steps in with a simple, yet precise answer. :clap:
 
Re: Icing

Night student solo? Not gonna happen; they're getting a hotel room or somebody is going to get them.

There may be an endorsement for night solo flight, but no insurance company will cover it.
 
Re: Icing

Night student solo? Not gonna happen; they're getting a hotel room or somebody is going to get them.

There may be an endorsement for night solo flight, but no insurance company will cover it.


That was indeed a No-No where I did my training....
 
Re: Icing

My point with the reccomendation is not so much to add any new regulation, but to define the questions that are being posed here and no one had an answer to (ie- when does a preflight expire? what needs to be done on (what we term in the military) a thruflight?

How else to answer those loopholes?

I don't usually say this, but I think in this case, ignorance is bliss.

Nobody (or very, very few) pilots are crashing or getting violated because of this grey area. I'd prefer to keep it grey. If it ain't broke, don't fix it. If the feds start defining these things, it will probably add more work for all of us.
 
Re: Icing

That was indeed a No-No where I did my training....

I've never heard of a flight school or insurance policy that would grant this one. Further, I've NEVER met an instructor that was comfortable with signing a student off for night solo flight.

More than that, what is an instructor going to do when they have to do this signoff when the student is out in the middle of nowhere? Fax them an endorsement? I can't imagine what the FAA's response will be if ANYTHING goes wrong on that flight, though I have to guess that it won't go well for the instructor or student.
 
Re: Icing

Night student solo? Not gonna happen; they're getting a hotel room or somebody is going to get them.

There may be an endorsement for night solo flight, but no insurance company will cover it.

OK, change it to a run-of-the-mill renter with a private license who had a Day checkout, and was shown that it's not necessary to preflight the lights for a day flight.

You end up in the same place. Renter and airplane at an outstation.
 
Re: Icing

I'd hate to send a student out on a X-C without checking navs, have them subsequently get lost, and now are expected back as the sun sets. Then during the preflight, find that the lights don't work at an outstation.

Small problem turned into a PITA.

I'll agree with you on this one. I teach people that if there's any meaningful chance of needing a piece of equipment, check it. That includes lights and pitot heat and so on.

My complaint is at the thought of preparing as though I'm about to make an IFR trans-oceanic crossing just to go buzz around the pattern for a few minutes.
 
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