Our R44 has an INOP CHT probe (and therefore gauge INOP). We do not have an approved MEL. Our guess is that it's illegal to fly the ship (VFR), but I can't make any sense out of 91.213. A CHT gauge is not listed in 91.205.
Could somebody who can understand all the legalese please show me what part(s) of these regs apply? Thanks.
§ 91.205 Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument and equipment requirements.
(a) General. Except as provided in paragraphs (c)(3) and (e) of this section, no person may operate a powered civil aircraft with a standard category U.S. airworthiness certificate in any operation described in paragraphs (b) through (f) of this section unless that aircraft contains the instruments and equipment specified in those paragraphs (or FAA-approved equivalents) for that type of operation, and those instruments and items of equipment are in operable condition.
(b) Visual-flight rules (day). For VFR flight during the day, the following instruments and equipment are required:
(1) Airspeed indicator.
(2) Altimeter.
(3) Magnetic direction indicator.
(4) Tachometer for each engine.
(5) Oil pressure gauge for each engine using pressure system.
(6) Temperature gauge for each liquid-cooled engine.
(7) Oil temperature gauge for each air-cooled engine.
(8) Manifold pressure gauge for each altitude engine.
(9) Fuel gauge indicating the quantity of fuel in each tank.
(10) Landing gear position indicator, if the aircraft has a retractable landing gear.
(11) For small civil airplanes certificated after March 11, 1996, in accordance with part 23 of this chapter, 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.
(12) 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, unless the aircraft is operating under part 121 of this subchapter, at least one pyrotechnic signaling device. As used in this section, “shore” means that area of the land adjacent to the water which is above the high water mark and excludes land areas which are intermittently under water.
(13) An approved safety belt with an approved metal-to-metal latching device for each occupant 2 years of age or older.
(14) For small civil airplanes manufactured after July 18, 1978, an approved shoulder harness for each front seat. The shoulder harness must be designed to protect the occupant from serious head injury when the occupant experiences the ultimate inertia forces specified in §23.561(b)(2) of this chapter. Each shoulder harness installed at a flight crewmember station must permit the crewmember, when seated and with the safety belt and shoulder harness fastened, to perform all functions necessary for flight operations. For purposes of this paragraph—
(i) The date of manufacture of an airplane is the date the inspection acceptance records reflect that the airplane is complete and meets the FAA-approved type design data; and
(ii) A front seat is a seat located at a flight crewmember station or any seat located alongside such a seat.
(15) An emergency locator transmitter, if required by §91.207.
(16) 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—
(i) Each front seat that meets the requirements of §23.785 (g) and (h) of this chapter in effect on December 12, 1985;
(ii) Each additional seat that meets the requirements of §23.785(g) of this chapter in effect on December 12, 1985.
(17) 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.
(c) Visual flight rules (night). For VFR flight at night, the following instruments and equipment are required:
(1) Instruments and equipment specified in paragraph (b) of this section.
(2) Approved position lights.
(3) An approved aviation red or aviation white anticollision light system on all U.S.-registered civil aircraft. Anticollision light systems initially installed after August 11, 1971, on aircraft for which a type certificate was issued or applied for before August 11, 1971, must at least meet the anticollision light standards of part 23, 25, 27, or 29 of this chapter, as applicable, that were in effect on August 10, 1971, except that the color may be either aviation red or aviation white. In the event of failure of any light of the anticollision light system, operations with the aircraft may be continued to a stop where repairs or replacement can be made.
(4) If the aircraft is operated for hire, one electric landing light.
(5) An adequate source of electrical energy for all installed electrical and radio equipment.
(6) One spare set of fuses, or three spare fuses of each kind required, that are accessible to the pilot in flight.
(d) Instrument flight rules. For IFR flight, the following instruments and equipment are required:
(1) Instruments and equipment specified in paragraph (b) of this section, and, for night flight, instruments and equipment specified in paragraph (c) of this section.
(2) Two-way radio communication and navigation equipment suitable for the route to be flown.
(3) Gyroscopic rate-of-turn indicator, except on the following aircraft:
(i) Airplanes with a third attitude instrument system usable through flight attitudes of 360 degrees of pitch and roll and installed in accordance with the instrument requirements prescribed in §121.305(j) of this chapter; and
(ii) Rotorcraft with a third attitude instrument system usable through flight attitudes of ±80 degrees of pitch and ±120 degrees of roll and installed in accordance with §29.1303(g) of this chapter.
(4) Slip-skid indicator.
(5) Sensitive altimeter adjustable for barometric pressure.
(6) A clock displaying hours, minutes, and seconds with a sweep-second pointer or digital presentation.
(7) Generator or alternator of adequate capacity.
(8) Gyroscopic pitch and bank indicator (artificial horizon).
(9) Gyroscopic direction indicator (directional gyro or equivalent).
(e) Flight at and above 24,000 feet MSL (FL 240). If VOR navigation equipment is required under paragraph (d)(2) of this section, no person may operate a U.S.-registered civil aircraft within the 50 states and the District of Columbia at or above FL 240 unless that aircraft is equipped with approved DME or a suitable RNAV system. When the DME or RNAV system required by this paragraph fails at and above FL 240, the pilot in command of the aircraft must notify ATC immediately, and then may continue operations at and above FL 240 to the next airport of intended landing where repairs or replacement of the equipment can be made.
(f) Category II operations. The requirements for Category II operations are the instruments and equipment specified in—
(1) Paragraph (d) of this section; and
(2) Appendix A to this part.
(g) Category III operations. The instruments and equipment required for Category III operations are specified in paragraph (d) of this section.
(h) Exclusions. Paragraphs (f) and (g) of this section do not apply to operations conducted by a holder of a certificate issued under part 121 or part 135 of this chapter.
[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–220, 55 FR 43310, Oct. 26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16, 1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt. 91–251, 61 FR 34560, July 2, 1996; Amdt. 91–285, 69 FR 77599, Dec. 27, 2004; Amdt. 91–296, 72 FR 31679, June 7, 2007]
§ 91.213 Inoperative instruments and equipment.
(a) Except as provided in paragraph (d) of this section, no person may take off an aircraft with inoperative instruments or equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that aircraft.
(2) The aircraft has within it a letter of authorization, issued by the FAA Flight Standards district office having jurisdiction over the area in which the operator is located, authorizing operation of the aircraft under the Minimum Equipment List. The letter of authorization may be obtained by written request of the airworthiness certificate holder. The Minimum Equipment List and the letter of authorization constitute a supplemental type certificate for the aircraft.
(3) The approved Minimum Equipment List must—
(i) Be prepared in accordance with the limitations specified in paragraph (b) of this section; and
(ii) Provide for the operation of the aircraft with the instruments and equipment in an inoperable condition.
(4) The aircraft records available to the pilot must include an entry describing the inoperable instruments and equipment.
(5) The aircraft is operated under all applicable conditions and limitations contained in the Minimum Equipment List and the letter authorizing the use of the list.
(b) The following instruments and equipment may not be included in a Minimum Equipment List:
(1) Instruments and equipment that are either specifically or otherwise required by the airworthiness requirements under which the aircraft is type certificated and which are essential for safe operations under all operating conditions.
(2) Instruments and equipment required by an airworthiness directive to be in operable condition unless the airworthiness directive provides otherwise.
(3) Instruments and equipment required for specific operations by this part.
(c) A person authorized to use an approved Minimum Equipment List issued for a specific aircraft under subpart K of this part, part 121, 125, or 135 of this chapter must use that Minimum Equipment List to comply with the requirements in this section.
(d) Except for operations conducted in accordance with paragraph (a) or (c) of this section, a person may takeoff an aircraft in operations conducted under this part with inoperative instruments and equipment without an approved Minimum Equipment List provided—
(1) The flight operation is conducted in a—
(i) Rotorcraft, non-turbine-powered airplane, glider, lighter-than-air aircraft, powered parachute, or weight-shift-control aircraft, for which a master minimum equipment list has not been developed; or
(ii) Small rotorcraft, nonturbine-powered small airplane, glider, or lighter-than-air aircraft for which a Master Minimum Equipment List has been developed; and
(2) The inoperative instruments and equipment are not—
(i) Part of the VFR-day type certification instruments and equipment prescribed in the applicable airworthiness regulations under which the aircraft was type certificated;
(ii) Indicated as required on the aircraft's equipment list, or on the Kinds of Operations Equipment List for the kind of flight operation being conducted;
(iii) Required by §91.205 or any other rule of this part for the specific kind of flight operation being conducted; or
(iv) Required to be operational by an airworthiness directive; and
(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) A determination is made by a pilot, who is certificated and appropriately rated under part 61 of this chapter, or by a person, who is certificated and appropriately rated to perform maintenance on the aircraft, that the inoperative instrument or equipment does not constitute a hazard to the aircraft.
An aircraft with inoperative instruments or equipment as provided in paragraph (d) of this section is considered to be in a properly altered condition acceptable to the Administrator.
(e) Notwithstanding any other provision of this section, an aircraft with inoperable instruments or equipment may be operated under a special flight permit issued in accordance with §§21.197 and 21.199 of this chapter.
[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91–280, 68 FR 54560, Sept. 17, 2003; Amdt. 91–282, 69 FR 44880, July 27, 2004]
Could somebody who can understand all the legalese please show me what part(s) of these regs apply? Thanks.
§ 91.205 Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument and equipment requirements.
(a) General. Except as provided in paragraphs (c)(3) and (e) of this section, no person may operate a powered civil aircraft with a standard category U.S. airworthiness certificate in any operation described in paragraphs (b) through (f) of this section unless that aircraft contains the instruments and equipment specified in those paragraphs (or FAA-approved equivalents) for that type of operation, and those instruments and items of equipment are in operable condition.
(b) Visual-flight rules (day). For VFR flight during the day, the following instruments and equipment are required:
(1) Airspeed indicator.
(2) Altimeter.
(3) Magnetic direction indicator.
(4) Tachometer for each engine.
(5) Oil pressure gauge for each engine using pressure system.
(6) Temperature gauge for each liquid-cooled engine.
(7) Oil temperature gauge for each air-cooled engine.
(8) Manifold pressure gauge for each altitude engine.
(9) Fuel gauge indicating the quantity of fuel in each tank.
(10) Landing gear position indicator, if the aircraft has a retractable landing gear.
(11) For small civil airplanes certificated after March 11, 1996, in accordance with part 23 of this chapter, 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.
(12) 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, unless the aircraft is operating under part 121 of this subchapter, at least one pyrotechnic signaling device. As used in this section, “shore” means that area of the land adjacent to the water which is above the high water mark and excludes land areas which are intermittently under water.
(13) An approved safety belt with an approved metal-to-metal latching device for each occupant 2 years of age or older.
(14) For small civil airplanes manufactured after July 18, 1978, an approved shoulder harness for each front seat. The shoulder harness must be designed to protect the occupant from serious head injury when the occupant experiences the ultimate inertia forces specified in §23.561(b)(2) of this chapter. Each shoulder harness installed at a flight crewmember station must permit the crewmember, when seated and with the safety belt and shoulder harness fastened, to perform all functions necessary for flight operations. For purposes of this paragraph—
(i) The date of manufacture of an airplane is the date the inspection acceptance records reflect that the airplane is complete and meets the FAA-approved type design data; and
(ii) A front seat is a seat located at a flight crewmember station or any seat located alongside such a seat.
(15) An emergency locator transmitter, if required by §91.207.
(16) 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—
(i) Each front seat that meets the requirements of §23.785 (g) and (h) of this chapter in effect on December 12, 1985;
(ii) Each additional seat that meets the requirements of §23.785(g) of this chapter in effect on December 12, 1985.
(17) 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.
(c) Visual flight rules (night). For VFR flight at night, the following instruments and equipment are required:
(1) Instruments and equipment specified in paragraph (b) of this section.
(2) Approved position lights.
(3) An approved aviation red or aviation white anticollision light system on all U.S.-registered civil aircraft. Anticollision light systems initially installed after August 11, 1971, on aircraft for which a type certificate was issued or applied for before August 11, 1971, must at least meet the anticollision light standards of part 23, 25, 27, or 29 of this chapter, as applicable, that were in effect on August 10, 1971, except that the color may be either aviation red or aviation white. In the event of failure of any light of the anticollision light system, operations with the aircraft may be continued to a stop where repairs or replacement can be made.
(4) If the aircraft is operated for hire, one electric landing light.
(5) An adequate source of electrical energy for all installed electrical and radio equipment.
(6) One spare set of fuses, or three spare fuses of each kind required, that are accessible to the pilot in flight.
(d) Instrument flight rules. For IFR flight, the following instruments and equipment are required:
(1) Instruments and equipment specified in paragraph (b) of this section, and, for night flight, instruments and equipment specified in paragraph (c) of this section.
(2) Two-way radio communication and navigation equipment suitable for the route to be flown.
(3) Gyroscopic rate-of-turn indicator, except on the following aircraft:
(i) Airplanes with a third attitude instrument system usable through flight attitudes of 360 degrees of pitch and roll and installed in accordance with the instrument requirements prescribed in §121.305(j) of this chapter; and
(ii) Rotorcraft with a third attitude instrument system usable through flight attitudes of ±80 degrees of pitch and ±120 degrees of roll and installed in accordance with §29.1303(g) of this chapter.
(4) Slip-skid indicator.
(5) Sensitive altimeter adjustable for barometric pressure.
(6) A clock displaying hours, minutes, and seconds with a sweep-second pointer or digital presentation.
(7) Generator or alternator of adequate capacity.
(8) Gyroscopic pitch and bank indicator (artificial horizon).
(9) Gyroscopic direction indicator (directional gyro or equivalent).
(e) Flight at and above 24,000 feet MSL (FL 240). If VOR navigation equipment is required under paragraph (d)(2) of this section, no person may operate a U.S.-registered civil aircraft within the 50 states and the District of Columbia at or above FL 240 unless that aircraft is equipped with approved DME or a suitable RNAV system. When the DME or RNAV system required by this paragraph fails at and above FL 240, the pilot in command of the aircraft must notify ATC immediately, and then may continue operations at and above FL 240 to the next airport of intended landing where repairs or replacement of the equipment can be made.
(f) Category II operations. The requirements for Category II operations are the instruments and equipment specified in—
(1) Paragraph (d) of this section; and
(2) Appendix A to this part.
(g) Category III operations. The instruments and equipment required for Category III operations are specified in paragraph (d) of this section.
(h) Exclusions. Paragraphs (f) and (g) of this section do not apply to operations conducted by a holder of a certificate issued under part 121 or part 135 of this chapter.
[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–220, 55 FR 43310, Oct. 26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16, 1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt. 91–251, 61 FR 34560, July 2, 1996; Amdt. 91–285, 69 FR 77599, Dec. 27, 2004; Amdt. 91–296, 72 FR 31679, June 7, 2007]
§ 91.213 Inoperative instruments and equipment.
(a) Except as provided in paragraph (d) of this section, no person may take off an aircraft with inoperative instruments or equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that aircraft.
(2) The aircraft has within it a letter of authorization, issued by the FAA Flight Standards district office having jurisdiction over the area in which the operator is located, authorizing operation of the aircraft under the Minimum Equipment List. The letter of authorization may be obtained by written request of the airworthiness certificate holder. The Minimum Equipment List and the letter of authorization constitute a supplemental type certificate for the aircraft.
(3) The approved Minimum Equipment List must—
(i) Be prepared in accordance with the limitations specified in paragraph (b) of this section; and
(ii) Provide for the operation of the aircraft with the instruments and equipment in an inoperable condition.
(4) The aircraft records available to the pilot must include an entry describing the inoperable instruments and equipment.
(5) The aircraft is operated under all applicable conditions and limitations contained in the Minimum Equipment List and the letter authorizing the use of the list.
(b) The following instruments and equipment may not be included in a Minimum Equipment List:
(1) Instruments and equipment that are either specifically or otherwise required by the airworthiness requirements under which the aircraft is type certificated and which are essential for safe operations under all operating conditions.
(2) Instruments and equipment required by an airworthiness directive to be in operable condition unless the airworthiness directive provides otherwise.
(3) Instruments and equipment required for specific operations by this part.
(c) A person authorized to use an approved Minimum Equipment List issued for a specific aircraft under subpart K of this part, part 121, 125, or 135 of this chapter must use that Minimum Equipment List to comply with the requirements in this section.
(d) Except for operations conducted in accordance with paragraph (a) or (c) of this section, a person may takeoff an aircraft in operations conducted under this part with inoperative instruments and equipment without an approved Minimum Equipment List provided—
(1) The flight operation is conducted in a—
(i) Rotorcraft, non-turbine-powered airplane, glider, lighter-than-air aircraft, powered parachute, or weight-shift-control aircraft, for which a master minimum equipment list has not been developed; or
(ii) Small rotorcraft, nonturbine-powered small airplane, glider, or lighter-than-air aircraft for which a Master Minimum Equipment List has been developed; and
(2) The inoperative instruments and equipment are not—
(i) Part of the VFR-day type certification instruments and equipment prescribed in the applicable airworthiness regulations under which the aircraft was type certificated;
(ii) Indicated as required on the aircraft's equipment list, or on the Kinds of Operations Equipment List for the kind of flight operation being conducted;
(iii) Required by §91.205 or any other rule of this part for the specific kind of flight operation being conducted; or
(iv) Required to be operational by an airworthiness directive; and
(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) A determination is made by a pilot, who is certificated and appropriately rated under part 61 of this chapter, or by a person, who is certificated and appropriately rated to perform maintenance on the aircraft, that the inoperative instrument or equipment does not constitute a hazard to the aircraft.
An aircraft with inoperative instruments or equipment as provided in paragraph (d) of this section is considered to be in a properly altered condition acceptable to the Administrator.
(e) Notwithstanding any other provision of this section, an aircraft with inoperable instruments or equipment may be operated under a special flight permit issued in accordance with §§21.197 and 21.199 of this chapter.
[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91–280, 68 FR 54560, Sept. 17, 2003; Amdt. 91–282, 69 FR 44880, July 27, 2004]
