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4 Answers

Part 23 for Pilots

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Aircraft Systems, FAA Regulations, Flight Instructor, General Aviation

I wanted to get some outside view points on Part 23 as it applies to pilots.  Today a heated discussion began about determining airworthiness of an aircraft at the school where I instruct.  Many of those involved took the side of 91.205 being what we as pilots use while applying 91.213 as needed.  Others stated that we as pilots must be using Part 23 and Type Certified Data Sheets to determine if equipment is required.  A couple of the examples that came up was a single bonding strap on a C172S elevator being disconnected.  Some said it was not airworthy and others said it was.  Another example was the stall warning horn being inop.  The majority stated it was required when it was certified so it must be on or working now or its not airworthy.  I was one of the few that disagreed and use Part 91, along with PIC decision skills on if I can fly an airplane.   Never in all my flying have I heard of so much talk about Part 23, but at this school it is everyday.  I try not to assume I'm always right so I wanted to see if there was another view or explanation, other than those that I heard today....they were not convincing.  Thank all!

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4 Answers



  1. USAF314 on May 10, 2018

    I just realized that I typed “bolding” but it should be BONDING strap.

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  2. Best Answer


    Kris Kortokrax on May 11, 2018

    First, let’s look at 14 CFR 3.5 for a definition of “airworthy”.
    “Airworthy means the aircraft conforms to its type design and is in a condition for safe operation.”

    When you look at 91.213(d), 91.205 is only one aspect of the determination concerning whether a certain item may be inoperative or missing.

    (d)(2)(i) deals with airworthiness regulations (i.e. Part 23).
    (d)(2)(ii) deals with the equipment list and Kinds of Operations List. For the CE-172S, the KOL is found in Section 2 of the POH and the equipment list is found in Section 6 of the POH.
    (d)(2)(iii) deals with 91.205
    (d)(2)(iv) deals with Airworthiness Directives.

    Let’s look at your two examples. First the bonding strap.Does the type design call for the installation of the bonding strap? It is not mentioned in the equipment list. If there were no reason for it, it would not be installed. What other parts of the aircraft might one be willing to overlook that are not mentioned in 91.205 or the equipment list? Valve covers? Sump plugs? Gas caps?

    With regard to the stall warning system, if you look at page 6-20 of the POH, you will see item # 31-04-R PNEUMATIC STALL WARNING SYSTEM. The “R” suffix indicates that it is required equipment, so even though a pilot might be able to fly the airplane without needing the stall warning (in his opinion), the system is required and if it is inoperative, the airplane is not airworthy.

    One cannot simply decide to refer only to 91.205 to determine whether a given item may be inoperative.

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  3. murryn5 on May 15, 2018

    Can anyone prove that the wings are required equipment? The wings are not on the KOEL or the required equipment list in the weight and balance section of my POH. They are not required by 91.205 or 91.207. And they aren’t required as part of an airworthiness directive. So they must be required as part of the “VFR Day Type Certificate”. If you go to the VFR day type certificate (http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgMakeModel.nsf/0/724e90061c5bf3b1862576260063e599/$FILE/3A12.pdf), it says the certification basis is “Part 23 of the Federal Aviation Regulations.” But where does it say in Part 23 that wings are required equipment?

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  4. Kris Kortokrax on May 22, 2018

    When I mentioned Part 23, that was not meant to be an all inclusive list. Take a look at Part 21. In there you will find references to Type Design (21.31) and Production Certificate (Part 21, Subpart G). Before issuing the Type Certificate, the FAA wants to see drawings and specifications. If your drawing does not contain a depiction of wings, I suspect you will not be issued a type certificate. Nor would you be likely to be able to complete the required flight testing. In order to be considered airworthy, the aircraft must conform to its type design. If it is missing one or both wings, it no longer conforms and is not airworthy.

    Further, 91.213 refers to inoperative equipment. It makes no mention of missing equipment. Hence, your question about wings not being required makes no sense. For the wing to be inoperative would mean it would have to be damaged.

    Last, 91.213(d)(4) requires a pilot or mechanic to determine that the inoperative wing would not constitute a hazard to the aircraft. Good luck with that.

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