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3 Answers

Finding inoperative equipment that of which is not listed on the MEL

Asked by: 444 views , , ,
Aircraft Systems, Commercial Pilot, FAA Regulations, General Aviation

This is assuming you have a LOA and are issued the MEL for your operations and specific aircraft registration

Lets say you find an inoperative piece equipment that is not listed on the MEL.

Can you still defer that equipment like you would with 91.213 ? (deactivate,remove,placard etc.)

I've never had to use a MEL and only studied and read about it. I'm hearing from both sides saying you can and cant. I'm getting confused and would love some more clarification

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3 Answers

  1. Best Answer

    Kris Kortokrax on Dec 27, 2017

    If you have an MEL, you are operating under 91.213(a) (unless operating under 125, 135, 121) and must operate according to the MEL. You cannot defer items under 91.213(d) in that case. This is spelled out in 91.213(c), which says that if you are issued an MEL, you must use it.

    Now, having said this, operations with an MEL are generally more liberal than 91.213(d). For instance, you can usually defer a fuel gauge with an MEL, but you could not defer it under 91.213(d).

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  2. Mark Kolber on Dec 31, 2017

    For a reference, you can look at AC 91-67. It was cancelled in November pending a review for conformity with ICAO procedures and I don’t know whether or not this issue is involved, but the present FAA stance reflected in it is, if a Part 91 operator with a MEL wishes to apply 91.213(d(, it must surrender the MEL.

    As Kris said, it’s one or the other.

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  3. Brian on Jan 12, 2018

    I just went through this with a local FSDO and can triple the above comments. You get one or the other, not both.

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