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91.213(d) Definition of Deactivation

Asked by: 2845 views FAA Regulations

A question regarding 91.213(d), extracted below for convenience,

"(3) The inoperative instruments and equipment are - ...(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;..."

(3) implies that there are deactivation actions that do not require a maintenance action, but could be performed by a pilot.  AC 91-67 gives an example of turning off a switch as such a deactivation.

Does 91.213(d) authorize other deactivation actions, such as a pilot covering an instrument that appears to be non-airworthy (e.g., a VSI), labeling it inoperative if the pilot considers it safe to fly without the instrument?  Or must the VSI be deactivated by a mechanic to make the VSI inoperative (for example, disconnecting the static port line)?

The intent of 91.213(d) seems to be met by covering up the instrument because the crew can't use it if it's covered (and labeled), but a strict definition of deactivation by making the instrument inoperative (AC 91-67) seems to require a mechanic (if the equipment can't be switched off and labeled).

BTW, there's a Cancellation Memo requesting cancellation of AC 91-67, but it doesn't seem to be cancelled (when compared to the annotations of cancelled ACs).

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2 Answers



  1. KDS on Jan 09, 2019

    I’ve seen that subject discussed and debated six ways from Sunday by people we would accept as authorities. Just for example, the question “can a pilot pull a circuit breaker” has been kicked back and forth that way. It’s very common for equipment to be deactivated by a circuit breaker pull and tie wrap, but is that only something a mechanic can do. The opinions (stated as fact) run the full spectrum.

    When people would try to pin me down to a yes or no answer I’d try to explain that what is legal all depends on what the person with the black robe and gavel says it is.

    From experience, I’ve noted that the way it works in the real world is that one of two situations causes problems in areas where people get on both sides of a question. One is that something bad happened (accident, regulatory violation, emergency) and that issue was a factor in causing the issue. The second is if you have the misfortune of crossing paths with someone who is predisposed to finding a problem.

    I’ve seen aircraft operating without an annual inspection in the last dozen years and I’ve seen pilots operating without a valid pilot certificate. How does that happen? The answer is that the checking and enforcement in aviation is a porous filter and not a fine mesh screen, particularly when it comes to general aviation. So, when we get down to the point of trying to dissect a fine point, it’s almost a nonissue. However, I’ll add this regarding your specific question. Over a lifetime, I’ve seen a lot of INOP stickers pasted over instruments.

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  2. KDS on Jan 10, 2019

    I just received notice of a webinar that will be put on by the FAA’s FAASTeam on this general subject. You may find it interesting. Here is the information from the notice that will help you find the webinar:

    “Owner Maintenance – Can He Do It”
    Topic: Best Way to Know Your Aircraft Inside and Out? Perform Some Of The Maintenance. Find Out What You Can and Cannot Do
    On Thursday, January 24, 2019 at 19:00 Eastern Standard Time (16:00 PST, 17:00 MST, 18:00 CST, 14:00 HST, 15:00 AKST, 17:00 Arizona, 00:00 GMT)

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