91.213(d)(2)(i) Inoperative equipment "Part of the VFR-Day type certification instruments and equipment"

[leejy1025]

while considering required pilot action with inoperative equipment,

one of the consideration for pilot is that
is it part of
VFR-Day type certification instruments and equipment prescribed in the 'applicable' airworthiness regulations under which the aircraft was type certificated" ?

I have 2 different assumption about this statement.

Assumption 1. Part 23 specifies the required equipment and the associated requirements or limitations that an aircraft in the normal category must meet to obtain a type certificate.
Therefore, an aircraft such as the Cessna 172, which is designed and certificated under the normal category, must comply with the equipment requirements and standards prescribed in Part 23.
When a piece of equipment becomes inoperative, the pilot must determine whether that equipment is required by Part 23.
If the inoperative equipment is listed as required by Part 23 and the aircraft no longer meets those requirements, the aircraft is not in compliance with its type certificate and is therefore unairworthy.

Assumption 2. while considering this 'type certificate equipments', Just look at the TCDS(type certificate data sheet) for specific make and model, and any equipment that is 'mentioned' inside TCDS is considered as type certification equipment. therefore, if those equipments are inoperative, airplane becomes unairworthy.

But for Assumption 1, there's a lot of blank spaces in my level of knowledge.
1. I cannot see any "VFR-DAY" terminology in Part23
2. my cessna doesn't have cockpit voice recorder, but Part23 says about CVR. so, is my cessna not following the regulations? how does the part23 and type certifying process actually works?
3. if my assumption 1 is right, how can pilots confirm in real life that inoperative equipment is one of the part23 required equipment?

Assumption 2
1. C172 TCDS, i can see that c172 is approved for DAY/NIGHT/VFR/IFR, but no list of equipment for DAY-VFR
(i can see DAY-VFR at KOEL, but consideration about KOEL is already seperate regulation 91.213(d)(2)(ii), so it doesn't count)
2. equipment that is mentioned in TCDS is just Engine, Propellers, G1000... so is 91.213(d)(2)(i) for my c172 is just engine and propeller?

Dynamic Regulatory System

drs.faa.gov

What would be the most correct answer? pls help thanks in advance

 

[flyingron]

I disagree with your assertion that KOEL doesn't apply. The 91.2(d)(2) which items you can't be without and lists four things ALL SEPERATED BY THE WORD OR. So, if it's on the TCDS -OR- on the KOEL/equipment list as required for that condition -OR- in 91.206 -OR- required by AD. Since you have a G1000, I can guess you're in a later 172 with the KOEL in the poh. So if it says you need a turbo encabulator for day VFR, you need it. If there's an AD that says you have to have a turbo encabulator, you need it. If it says you have to have it on the type certificate, you need it. There's no mention of turbo encabulators in 91.205, so unless the other docs mention it, you may be able to not have it operable.

Note there's two more conditions. One you have to placard in inop. Everybody loves espousing this one, but they overlook the requirement to deactivate or remove it. Now if it's an old ADF, yeah, turning it off likely deactivates it. If we're talking about an autopilot, that may not be sufficient. And if you do have a turbo encabulator, you're facing a more serious issue.

 

[robin ardoin]

What about an obsolete naturally aspirated encabulator? Asking for a friend…

 

[AV8R_87]

You mean a Rockwell Retro Encabulator?
Those require an MEL.

 

[tsts4]

My understanding was there was an AD that required immediate replacement of all NA-encabulators regardless of make with hydro-mechanical turbo encabulators. Something to do with the spurving bearings.

 

[Clip4]

For a 172, you might just reference the equipment list in the POH for the items identified with an “R”.

 

[MauleSkinner]

But for Assumption 1, there's a lot of blank spaces in my level of knowledge.
1. I cannot see any "VFR-DAY" terminology in Part23

Keep in mind that Part 23 (along with CAR 3 and other certification standards that you may deal with over time) has evolved over the years. The current version is pretty sparse, and to a large degree refers you to operating rules for equipment requirements. Previous revisions were more specific, and you need to look at the revision that was in effect when your airplane was certified. The TCDS will tell you that.

2. my cessna doesn't have cockpit voice recorder, but Part23 says about CVR. so, is my cessna not following the regulations? how does the part23 and type certifying process actually works?

Note that the current Part 23 refers you to “ the operating rules of this chapter,” which would be Part 91, 121, 135, etc., as applicable to your operation. 91.609, for example.

3. if my assumption 1 is right, how can pilots confirm in real life that inoperative equipment is one of the part23 required equipment?

Look in the TCDS for the certification basis of your airplane, and refer to that body of regulation.

 

[Bell206]

while considering required pilot action with inoperative equipment,

Given 91.213 is an operational rule it is basically a judgement call by the pilot whether they can make the flight safely with an item inoperative. And provided the pilot remains within the operational equipment requirements listed for/by VFR, NIGHT, KOEL, MEL, etc., 91.213 provides the legal route to fly the aircraft regardless what equipment is inoperative. If that makes sense to you.

The FAA reissued guidance on this via an advisory circular. I dont recall the number but it will be listed under the Part 91 ACs. Perhaps review that as some of your assumptions are incorrect... several examples:

172s built up to 1984 were certified under CAR3 with several Part 23 rules for later variants. The restart model, 1995 and newer are Part 23 certified aircraft.

Aircraft certified with a KOEL must adhere to that list as it is part of the type design by regulation.

The TCDS or the previous Aircraft Specifications sheets serve a specific purpose and do not list each part within the type design. An informal version of that list is the parts manual which can give you a basis but is not conclusive due alterations, etc.

 

[MauleSkinner]

I disagree with your assertion that KOEL doesn't apply.

It appears to me his assertion is that the KOEL is required by (d)(2)(ii) rather than (d)(2)(i), not that it doesn’t apply.

 

[crash7]

What about an obsolete naturally aspirated encabulator? Asking for a friend…

Sent from my iPhone using Tapatalk

 

[midlifeflyer]

For a 172, you might just reference the equipment list in the POH for the items identified with an “R”.

This. If there is an R, it may be a manufacturer’s choice but it is going to include equipment required by the TCDS.

 

[dmspilot]

while considering required pilot action with inoperative equipment,

one of the consideration for pilot is that
is it part of
VFR-Day type certification instruments and equipment prescribed in the 'applicable' airworthiness regulations under which the aircraft was type certificated" ?

I have 2 different assumption about this statement.

Assumption 1. Part 23 specifies the required equipment and the associated requirements or limitations that an aircraft in the normal category must meet to obtain a type certificate.
Therefore, an aircraft such as the Cessna 172, which is designed and certificated under the normal category, must comply with the equipment requirements and standards prescribed in Part 23.

When a piece of equipment becomes inoperative, the pilot must determine whether that equipment is required by Part 23.
If the inoperative equipment is listed as required by Part 23 and the aircraft no longer meets those requirements, the aircraft is not in compliance with its type certificate and is therefore unairworthy.

No...it must comply with the version of Part 23 (or CAR 3) it was certified under, not the current version.

As Clip said, Cessna made this very easy. Just look for "R" items in the equipment list.

(i can see DAY-VFR at KOEL, but consideration about KOEL is already seperate regulation 91.213(d)(2)(ii), so it doesn't count)

It's not a separation regulation...it's part of the same sentence.

 

[MRC01]

while considering required pilot action with inoperative equipment,

one of the consideration for pilot is that
is it part of
VFR-Day type certification instruments and equipment prescribed in the 'applicable' airworthiness regulations under which the aircraft was type certificated" ?
...
What would be the most correct answer? pls help thanks in advance

To keep it simple, here's my practical take on 91.213 for typical GA flying in airplanes that don't have an MEL: all equipment in the airplane must be functional. If it is inoperative, it must be (A) removed, or (B) placarded inop and deactivated (not just turned off).

After doing (A) or (B), you can still fly the airplane if the equipment is not otherwise required. "Otherwise required" means required by the FAA, or by the manufacturer in the POH.

 

[Lindberg]

But for Assumption 1, there's a lot of blank spaces in my level of knowledge.
1. I cannot see any "VFR-DAY" terminology in Part23
2. my cessna doesn't have cockpit voice recorder, but Part23 says about CVR. so, is my cessna not following the regulations? how does the part23 and type certifying process actually works?
3. if my assumption 1 is right, how can pilots confirm in real life that inoperative equipment is one of the part23 required equipment?

Why do you think your Cessna requires a CVR.

 

[kontiki]

You can go down the rabbit hole a lot of different ways.
The way I see things, at a very high level:

Part 23 defines the requirements a certain category aircraft must meet to be granted an FAA airworthiness certificate.
A type certificate Data Sheet is the official record of what’s been certified.
You wont get all the data, just the data the manufacturer is required to provide so the operator and maintainer can meet the continued airworthiness requirements.
Airworthiness is defined in 3.5.
Part 91 defines the basic requirements aircraft operators must meet to operate an aircraft in US airspace.
91.205 tells you what equipment you need to have operating VFR and IFR.
Part 91.213 tells you what to do about inoperative equipment.
If you operate your aircraft as an air carrier (like a Part 135 or 121 operator) you will have those rules on top of the part 91 rules.
Part 43 tells you what the basic rules are for maintaining an aircraft.
Again if you operate as an air carrier their will be additional maintenance requirements from applicable parts.
Then there are all sorts of specific rules for people that just make parts, repair parts, make engines, repair aircraft for hire etc.
There are all sorts of idiosyncratic constructs that the FAA uses to keep adapting the rules to new and different situations.

 

[MauleSkinner]

You can go down the rabbit hole a lot of different ways.
The way I see things, at a very high level:

Part 23 defines the requirements a certain category aircraft must meet to be granted an FAA airworthiness certificate.

And the way the OP appears to be trying to go down the rabbit hole is at a very low level, how one complies with Part 23 in the context of 91.213(d)(2)(i).