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7 Answers

Rental airplane maintenance

Asked by: 3517 views
FAA Regulations

Frankie and Johnny are both CFI's. They rented a C-172 from a local fbo and as they were pulling away from the office they discovered they had to apply very hard pressure on the brakes to get them to work normally. They reasoned that since the runway is 7,000' that they wouldn't need but minimal braking for taxi at low speed so they went ahead and flew the airplane.

Did they violate any FAR by doing so? 

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7 Answers



  1. Kris Kortokrax on Feb 23, 2015

    The CE-172N POH I looked at has an equipment list which lists the wheel assembly (which includes the brake) as required equipment.

    The generic MMEL for Single Engine Airplanes gives relief for the Parking Brake, but not for the Wheel Brakes.

    Policy Letter PL-025 defines Inoperative as:

    “A system and/or component malfunction to the extent that it does not accomplish its intended purpose and/or is not consistently functioning normally within its approved operating limit(s) and/or tolerance(s).”

    91.7a states that “No person may oeprate a civil aircraft unless it is in an airworthy conditon.

    14 CFR 3.5 defines airworthy as “Airworthy means the aircraft conforms to its type design and is in a condition for safe operation.”

    The original type design and performance charts are not published for 7000′ runways.

    Taking all the above into consideration, I would say that operation would be in violation of the FARs and common sense.

    What do you think?

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  2. Gary S. on Feb 23, 2015

    When researching the question, I looked all through Part 91 and couldn’t find where it gave a definitive answer. For every place it said it would be a violation to operate the aircraft with faulty “instruments and equipment,” another place would indicate that it’s up to the PIC to determine if a certain flight could be performed safely before departure.

    That said, I believe your research shows that it would be a violation but you really had to dig to get there. Thanks!

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  3. Jim F. on Feb 23, 2015

    I definitely agree with Kris. I’d say it can be simplified quite a bit in that operating an aircraft which has brakes that don’t properly work is unsafe, and therefore violates 91.13(a) as it could endanger others if they needed to stop quickly and were unable…

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  4. Ernest Ortner on Feb 24, 2015

    Beyond the possibility of a FAR violation, If equipment gives you pause as to whether it is operating correctly having its function verified by an A&P is also not a bad idea. I think the important part is two professionals both having pause about a systems functionality should be more than enough reason to knock it off and have the system inspected.

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  5. Mark Kolber on Feb 24, 2015

    For every place it said it would be a violation to operate the aircraft with faulty “instruments and equipment,” another place would indicate that it’s up to the PIC to determine if a certain flight could be performed safely before departure.

    Gary, you are seeing a conflict where none exists.

    There are situations in which the rules on inoperative equipment will allow one to fly with certain equipment inoperative. In those situations, it is up to the PIC to determine whether it is still safe to do so, even though the regs says it’s OK. It does not mean what you seem to think it does – that a pilot can fly with any equipment inoperative, so long as the pilot says to himself, “Heck, I don’t need no damn compass or fuel gauges!”

    Simple example: Aircraft has an inoperative attitude indicator that is not required equipment for VFR flight. All the rules of 91.213(d) have been followed in terms of deactivating and placarding it and making the appropriate log entry. Perfectly legal to fly that aircraft VFR. But it is still up to the PIC to determine whether a particular flight (say in marginal VFR conditions) can be made safely.

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  6. Gary S. on Mar 04, 2015

    Mark, I didn’t say “…that a pilot can fly with any equipment inoperative, so long as the pilot says to himself, “Heck, I don’t need no damn compass or fuel gauges!”

    Nothing like that. I know better. I was asking an opinion about whether or not you all could document this particular scenario was legal, illegal. I have my answer. Thanks for all responses.

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  7. Mark Kolber on Mar 05, 2015

    No you didn’t say that. What I thought you =did= say that there was some discrepancy between the rules that say some equipment must be operational and the pilots PIC authority to determine whether a flight could be made safely.

    The only way the two would be in conflict would be if the PIC had the authority to say “yes” to a flight when the operative equipment rules say “no,” so that’s what I thought you meant.

    The fuel gauge/compass was only an example of the natural result if the PIC had that kind of authority.

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