MEL and 14 CFR 91.213 confusion

blakeyoung

blakeyoung

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Blake
I am a student pilot studying for my practical. No matter how many times I try to read about this I seem to find myself confused. However, I think I may finally understand, and I just want to make sure.

Let's say I am preflighting my Cessna 162 Skycatcher and I notice that a particular piece of equipment is non-functional. The question is, can I safely operate the aircraft given this malfunction? First, I consult 14 CFR 91.213(d) and note that if my aircraft is a non-turbine-powered airplane (which it is), that I can skip the entire MEL business altogether. So first I check to see if it is on the required day-time VFR equipment list. It is not. Then I look in the POH under the equipment list to see if there is an "R" next to the piece of equipment indicating "Required." It is not. I check the ADs and review 14 CFR 91.205 and 207. Again I find no mention of this particular piece of equipment. I also determine, to the best of my ability, that this would not pose a significant hazard. Great. So I stick an INOPERATIVE placard next to the piece of equipment and go on my merry way, and I'll have someone fix it when I choose to get around to it.

Am I correct so far?

Alternatively, I could request an MEL from the local FSDO. I would check to see if the equipment is listed. If not, I cannot fly. If so, I can fly in accordance with what is directed in the MEL.

Does a 162 even have an MEL? I am also confused about how a Letter of Authorization and procedures document plays in this.
 
Hi Blake - I think that you’re on the right path.

First off, I think Old Geek is correct because light sport aircraft have SPECIAL category airworthiness certificates and 91.205 says that it only applies to aircraft with a STANDARD category airworthiness certificate. That said, nobody at my flight school seemed to care and every CFI had me apply 91.205 even when I was training in an LSA. Your mileage may vary where you are.

I wouldn’t bet my life that it’s completely correct, but here are the MEL boxes at the top of the 91.213(d) flow chart that I made while training:

MEL Flow.jpg


Overall, my school wanted students to understand that 91.205(b)’s list of required equipment for daytime VFR is just one of many sources you have to consider under the flow of 91.213(d).

Beyond 91.205(b), some other sources of must-have equipment includes:
  • Required Equipment List (in POH)
  • “Kinds of Operation” Equipment List (in POH)
  • Other Part 91 Rules that may be relevant depending on various conditions (e.g. 91.207 (ELT), 91.209 (lights), 92.211 (O2), 91.215 (txpdr), etc.)
  • ADs

The “ATOMATOFLAMES” acronym is fine so far as it goes, but it’s much more eye opening to group the items into categories and understand them rather than memorize the acronym.

I use flight control, engine health, safety equipment, and “if for hire,” like this:

91-205.jpg


This table lets you see that you only need three flight control instruments for daytime VFR (the ones that say how high, how fast, and what direction). It also lets you see several things that you DON’T legally need for certain daytime VFR (e.g. a radio, a DG, a turn coordinator, position lights, or a landing light).

By the way, on the INOP placard, I think that you generally have to make a logbook entry too.
 
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Be careful dismissing 91.205. I own an E-AB and my operating limitations make 91.205 applicable for certain phases of flight even though it's experimental. My point is there are other documents (op lims, AFM, POH, etc) that also come into play. Another example is the 172 SP AFM has a section that spells out what equipment is mandatory and what is optional for VFR and/or IFR flight.
 
Your POH/AFM should spell this out pretty clearly. Typically they have more restrictive language and requirements than 91.205 which is more of a framework than a blue print. You are basically on the right track assuming this piece of equipment doesn’t have its own manual and flight restrictions that’s required by an STC.

An MEL per se...Is a document used by P.141/P.135/P.121/ certificate holders and is an agreed document issued by the managing FSDO. They can allow for deferrals of equipment for specified periods of time and are usually pretty detailed, especially in larger aircraft.

Typically small certified aircraft will have a "Required Equipment" or "Minimum Equipment" section as you described earlier that describes in broad terms what is required for flight.
 
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blakeyoung said:
I am a student pilot studying for my practical. No matter how many times I try to read about this I seem to find myself confused. However, I think I may finally understand, and I just want to make sure.

Let's say I am preflighting my Cessna 162 Skycatcher and I notice that a particular piece of equipment is non-functional. The question is, can I safely operate the aircraft given this malfunction? First, I consult 14 CFR 91.213(d) and note that if my aircraft is a non-turbine-powered airplane (which it is), that I can skip the entire MEL business altogether. So first I check to see if it is on the required day-time VFR equipment list. It is not. Then I look in the POH under the equipment list to see if there is an "R" next to the piece of equipment indicating "Required." It is not. I check the ADs and review 14 CFR 91.205 and 207. Again I find no mention of this particular piece of equipment. I also determine, to the best of my ability, that this would not pose a significant hazard. Great. So I stick an INOPERATIVE placard next to the piece of equipment and go on my merry way, and I'll have someone fix it when I choose to get around to it.

Am I correct so far?

Alternatively, I could request an MEL from the local FSDO. I would check to see if the equipment is listed. If not, I cannot fly. If so, I can fly in accordance with what is directed in the MEL.

Does a 162 even have an MEL? I am also confused about how a Letter of Authorization and procedures document plays in this.
Click to expand...

i fly a Skycatcher. to which piece of equipment are you referring?
 
tsts4 said:
Be careful dismissing 91.205. I own an E-AB and my operating limitations make 91.205 applicable for certain phases of flight even though it's experimental. My point is there are other documents (op lims, AFM, POH, etc) that also come into play. Another example is the 172 SP AFM has a section that spells out what equipment is mandatory and what is optional for VFR and/or IFR flight.
Click to expand...

Agreed. Also possibly relevant is ASTM F2245-09 paragraph 8, Standard Specification for Design and Performance of a Light Sport Airplane

8. Required Equipment
8.1 The aircraft shall be designed with the following minimum instrumentation and equipment:
8.2 Flight and Navigation Instruments:
8.2.1 Airspeed indicator, and
8.2.2 Altimeter.
8.3 Powerplant Instruments:
8.3.1 Fuel quantity indicator,
8.3.2 Tachometer (RPM),
8.3.3 Engine “kill” switch, and
8.3.4 Engine instruments as required by the engine manufacturer

Which brings up one of the biggest annoyances in the whole ASTM-sets-the-standards process. That document is not publicly available and has to be purchased.
 
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rk911 said:
i fly a Skycatcher. to which piece of equipment are you referring?
Click to expand...

No piece of equipment in particular. Everything is working fine. I'm just trying to anticipate getting in the cockpit for the checkride and before even turning on the engine, having the instructor tell me, "Oh, by the way, it looks like your (blank) isn't working. Do you still think we should fly?"
 
I believe in the 172, it's called the "Types and Kinds of Equipment", chapter 6 in the POH. That's from memory, so it has the chance of being faulty. The TKE is effectively a MEL for a small airplane and tells you what can be non functional (and placarded) for a flight. This is outside the Part 91.* requirements, it's a document from the manufacturer that picks up instead of TOMATO FLAMES. Or in addition to if you prefer.

Speaking of placard - would a piece of masking tape with the word "INOP" on it work as a placard for you? I'm good with it...
 
The FAA does have a generic Single Engine MMEL that can be approved for use, but under Part 91 it's probably more of a pain than it's worth because it's SO generic...you get to weed through a lot of irrelevant stuff to find what you're looking for.
 
Old Geek said:
Agreed. Also possibly relevant is ASTM F2245-09 paragraph 8, Standard Specification for Design and Performance of a Light Sport Airplane

8. Required Equipment
8.1 The aircraft shall be designed with the following minimum instrumentation and equipment:
8.2 Flight and Navigation Instruments:
8.2.1 Airspeed indicator, and
8.2.2 Altimeter.
8.3 Powerplant Instruments:
8.3.1 Fuel quantity indicator,
8.3.2 Tachometer (RPM),
8.3.3 Engine “kill” switch, and
8.3.4 Engine instruments as required by the engine manufacturer

Which brings up one of the biggest annoyances in the whole ASTM-sets-the-standards process. That document is not publicly available and has to be purchased.
Click to expand...

I was always annoyed about not having ready access to the consensus standard for LSAs too. I eventually found several versions for learning purposes, but it wasn't easy.

The ASTM standard requires the manufacturer to provide a POH so all of the required equipment and "kinds of operation" equipment should be listed there - at least one would hope so.

In the LSA I trained in, the POH's "Kinds of Operation" equipment closely paralleled 91.205(b), so it was really just an academic issue which one I used.

The one item missing from the POH's list of equipment required for "Day VFR FLights" was an ELT, but an ELT is separately required by 91.207 anyway, regardless of the type of aircraft certification - so same same.
 
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Question: I'm looking at a 172S equipment list and besides the "R" required items, I also see "S" standard, "O" optional, and "A" additional suffix letters assigned to equipment. If S,O, or A equipment becomes inoperative, am I still legal to fly?
 
register@teamandras.com said:
I was always annoyed about not having ready access to the consensus standard for LSAs too. I eventually found several versions for learning purposes, but it wasn't easy.
Click to expand...
Snip...

If anyone is interested in getting a legal, up-to-date set of the ASTM documents, it's a lot cheaper just to join the ASTM for a year and download everything you need than to buy the documents piecewise.
 
An INOP placard is not sufficient; the equipment must also be deactivated. (Or it can be removed from the aircraft.)
 
SLSA or certified, if a piece of equipment from the MEL is not functioning the breaker must be pulled and the condition placarded...and you may even need to get a ferry permit from the FSDO if you can't get it repaired on the field where located.
 
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d5by5 said:
SLSA or certified, if a piece of equipment from the MEL is not functioning the breaker must be pulled and the condition placarded...and you may even need to get a ferry permit from the FSDO if you can't get it repaired on the field where located.
Click to expand...

If an item can be deferred under MEL/91.213, a ferry permit is not required.

Pulling the breaker is one option for deactivation, but not the only option.
 
blakeyoung said:
No piece of equipment in particular. Everything is working fine. I'm just trying to anticipate getting in the cockpit for the checkride and before even turning on the engine, having the instructor tell me, "Oh, by the way, it looks like your (blank) isn't working. Do you still think we should fly?"
Click to expand...

"should fly" and "could fly" are two different things. I had similar discussions with my CFI during training. the advice he gave me was I shouldn't fly if I was uncomfortable with missing or inoperative equipment regardless of what it was.
 
blakeyoung said:
No piece of equipment in particular. Everything is working fine. I'm just trying to anticipate getting in the cockpit for the checkride and before even turning on the engine, having the instructor tell me, "Oh, by the way, it looks like your (blank) isn't working. Do you still think we should fly?"
Click to expand...

Unless your (blank) actually isn't working, I'd consider it fodder for the oral, not the flight portion.
 
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