Owner Responsibilities - What can be delegated

[Jaybird180]

A vigorous discussion in the Maintenance Bay motivated me to do some research and I had this question. But first an applicable FAR to guide the discussion:

Sec. 91.405 — Maintenance required.

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter;
(b) Shall ensure that maintenance personnel make appropriate entries in the aircraft maintenance records indicating the aircraft has been approved for return to service;
(c) Shall have any inoperative instrument or item of equipment, permitted to be inoperative by §91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspection; and
(d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a placard has been installed as required by §43.11 of this chapter.

*Note: Any resemblance of this thread to a real-life situation is purely your imagination drawing connections to something that you may have read, heard or thought you saw on the internet. It may not bear resemblance to real-life.

Focusing on the words above "Each owner or operator" (and shall), how much of this applies to club members wherein a club officer makes the decisions on behalf of the club? What if that officer makes a decision that is inconsistent with the federal rules and regulations regarding aircraft operation? Using maintenance as an above example, is each club member required to ensure the above subparts have been complied with? Does it matter if it is an equity versus non-equity club? How much legal liability is shared amongst club members?

 

[Tom-D]

A vigorous discussion in the Maintenance Bay motivated me to do some research and I had this question. But first an applicable FAR to guide the discussion:


*Note: Any resemblance of this thread to a real-life situation is purely your imagination drawing connections to something that you may have read, heard or thought you saw on the internet. It may not bear resemblance to real-life.

Focusing on the words above "Each owner or operator" (and shall), how much of this applies to club members wherein a club officer makes the decisions on behalf of the club? What if that officer makes a decision that is inconsistent with the federal rules and regulations regarding aircraft operation? Using maintenance as an above example, is each club member required to ensure the above subparts have been complied with? Does it matter if it is an equity versus non-equity club? How much legal liability is shared amongst club members?

I believe the "CLUB is the operator when there are more than one owner.

 

[Josh_C]

I would think it would depend on the contracts and bylaws of the club are written. It should be spelled out there who is responsible for overseeing the maintenance.

 

[Jaybird180]

I believe the "CLUB is the operator when there are more than one owner.

Where does the pilot fit into this equation?

I would think it would depend on the contracts and bylaws of the club are written. It should be spelled out there who is responsible for overseeing the maintenance.

Dunno if I can buy that. The federalies won't care what the club rules say.

 

[Josh_C]

So you are saying that, for example, in a 30 member flying club, where the club owns the plane and there is an issue the FAA would not care that each of the club members agreed that Joe Schmuck is the elected/appointed maintenance officer/coordinator, and Joe has accepted that responsibility. They would rather spank all 30 member owners for some violation?
I just don't see that. I do agree that the PIC is the ultimate buck stops here guy once he puts the bird in the air, and Joe would be his close second, as well as the A&P. But I don't see the FAA coming down on all 30. However, the 30 collectively have a duty to ensure the contracts/bylaws are being met.
Of course after taking into account bureaucratic common sense, they would probably take down all 30 and each of their first born children.

 

[poadeleted20]

Just remember that the pilot is always on the hook. If it ain't right, don't fly it, no matter what the club officers say, because while authority may be delgated, responsibility may only be shared.

As for going after individual club members over maintenance issues when they weren't the pilot, I've never heard of it happening.

 

[Tom-D]

Sec. 91.405 — Maintenance required.

Each owner or operator of an aircraft—

both parties are not held responsible when the club is the operator.

 

[poadeleted20]

Sec. 91.405 — Maintenance required.

Each owner or operator of an aircraft—

both parties are not held responsible when the club is the operator.

Can't speak to when the club is held responsible, but if the plane was flown, the PIC is always held responsible for anything the PIC knew or should have known.

 

[Tom-D]

Can't speak to when the club is held responsible, but if the plane was flown, the PIC is always held responsible for anything the PIC knew or should have known.

This is true, but not the question.