Airworthiness Directive Compliance Question

[TMetzinger]

Here's a hypothetical situation:

You have an airplane with 145 hours on the tach, and an AD due at 150 (never mind what the AD is, it shouldn't be relevant to this question). It's a 30 minute normal flight to your AMT to comply with the AD.

What is the highest number you can have on your tach as you launch to your AMT to have the AD addressed?

Please explain your answer, quoting relevant regulations.


I know that a "good" owner would depart in such a way that he was highly confident of arriving with less than 150 on the tach... but I'm looking for the "legal" answer.

 

[poadeleted20]

There is no legal limit on what you can have when you launch, only what you can have while you are "operating" the aircraft. IOW, it's up to you to plan your flight so you land with less than 150 hours on the tach. The relevant regulation would be 14 CFR 91.7(a), because "airworthy" includes compliance with all applicable AD's. If the tach time exceeds 150 before you land, you've violated that reg; what you had when you took off is irrelevant. Therefore, a prudent pilot would leave a little "fudge factor," and not take off with more than about 149.3 hours on the tach.

Note that if, due to an inflight emergency, you had to exceed 150 hours before landing (say, someone pranged on the runway at the airport where your shop is and you had to circle until they cleared it), you would have 14 CFR 91.3(b) to fall back on as your legal excuse for violating 91.7(a). However, if you had only 0.25 hours left on the tach when you took off on a planned 30 minute flight, and the FAA found out about it, they would be most cross with you.

Also, note that the 10 hour overage allowed on a 100-hour inspection to ferry the aircraft to a location where the inspection can be performed does not, repeat not, apply to AD limits. Even 0.01 hours over an AD limit is a violation unless you get a special flight ("ferry") permit from the FSDO for the move.

 

[Tom-D]

Compliance times are written into the AD, there are no set rules, it is depandent upon how the AD is worded.

Some ADs are to be complied with by Repair shops, some can be complied with by the pilot or owner. Or?

Some require modification of the aircraft/appliance/engine and require special tools and equipment, that the A&P won't have.

But Compliance never requires a 337 form to be filed, because the AD is the approved data to make the change. But, a log book entry is required to document the compliance.

So to answer your question, read the AD and follow the instructions.

 

[TMetzinger]

Thanks, Ron.

I knew that the 10 hour overage didn't apply to AD's, but couldn't remember what rule said the airplane needs to be on the ground when the 150 hours was reached. There was some debate over whether one could launch or not at 149.6, for instance.

 

[TMetzinger]

So to answer your question, read the AD and follow the instructions.

For the sake of this discussion, the AD essentially says that the corrective action must be accomplished by an AMT by 150 hours tach time.

 

[Tom-D]

For the sake of this discussion, the AD essentially says that the corrective action must be accomplished by an AMT by 150 hours tach time.

Then you are out of compliance at 150 hours tach time After What? The effective date of this AD or Some thing else?

There must be a base date, or time to start the count.

For example (this is the Cessna seat track AD)


Compliance: Required as follows, unless already accomplished per AD 87-20-03 R1, Amendment 39-5863.

I. For airplanes operating for hire:

(A) For airplanes having less than 1,000 hours time-in-service (TIS) on the effective date of this AD, accomplish the AD requirements prior to the accumulation of 1,100 hours TIS;

( B) For airplanes having 1,000 or more hours TIS on the effective date of this AD, accomplish the AD requirements within the next 100 hours TIS;

(C) Following the actions of (A) or (B) above, repeat the inspection requirements of this AD at each 100 hours TIS. These inspections can be accomplished at the next scheduled inspection or the next 100 hours, whichever is later.

II. For airplanes operating under FAR Part 91 (not for hire):

(A) For airplanes having less than 1,000 hours TIS on the effective date of this AD, accomplish the AD requirements at the next annual inspection after the accumulation of 1,000 hours TIS;

( B) For airplanes having 1,000 or more hours TIS on the effective date of this AD, accomplish the AD requirements at the next annual inspection;

(C) Following the actions of (A) or (B) above, repeat the AD requirements at each annual inspection thereafter. To assure proper engagement of the seat locking mechanism and to preclude inadvertent seat slippage, accomplish the following on each pilot and copilot seat and all associated seat rails:


So give me the AD number and the last time it was complied with (hours & Date) and I can give you a proper answer.

 

[Tom-D]

Thanks, Ron.

I knew that the 10 hour overage didn't apply to AD's, but couldn't remember what rule said the airplane needs to be on the ground when the 150 hours was reached. There was some debate over whether one could launch or not at 149.6, for instance.

It's pretty clear

§ 39.9 What if I operate an aircraft or use a product that does not meet the requirements of an airworthiness directive?

If the requirements of an airworthiness directive have not been met, you violate §39.7 each time you operate the aircraft or use the product.

 

[TMetzinger]

So give me the AD number and the last time it was complied with (hours & Date) and I can give you a proper answer.

As I thought I'd said, assume the AD is due when the tach reads 150. What I was looking for was what Ron gave me, the logic behind "you must have less than 150 on the tach when the AD is complied with".

 

[AWACSEng]

Just out of curiosity, do AD's have a grounding date if they are not complied with? Or is it just based on actual tach time?

 

[Tom-D]

Just out of curiosity, do AD's have a grounding date if they are not complied with? Or is it just based on actual tach time?

Some do, some don't. Some will have a paragraph that gives a date to be complied with after the effective date, and some will say it is due at the next overhaul or progressive/annual inspection, or give a number of hours before the aircraft will be out of compliance.

That is why I said that you must read the AD and follow the instructions.

The bottom line here is you are in compliance, or not, there is no grey area.

FAR 39 is the AD regulation, and it is a violation to operate any aircraft that is not in compliance.

This is the area that most A&P-IAs get busted on, signing off an annual as airworthy on an aircraft that is not in compliance.

 

[poadeleted20]

There was some debate over whether one could launch or not at 149.6, for instance.

Well, if you can reasonably expect to complete the flight in 0.4 tach time or less, you'd be OK; if not, you wouldn't.

Personally, if I were a 30 minute flight from the place where the AD could be accomplished, I'd plan to leave more than 0.4 on the tach on the last flight before making the trip. If some student or instructor disobeyed my instructions and ran my flight school airplane out of that window, I'd make that person walk the special flight permit through the FSDO (or at least, make the phone calls and take care of the fax). If it was my plane and my screw-up, I'd have to make that walk myself, but I don't think I'd launch on a known 30 minute flight with only 24 minutes left on the clock.