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100 hour inspection being overflown

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FAA Regulations, General Aviation

It says in FAR 91.409

(b) Except as provided in paragraph (c) of this section, no person may operate an aircraft carrying any person (other than a crewmember) for hire, and no person may give flight instruction for hire in an aircraft which that person provides, unless within the preceding 100 hours of time in service the aircraft has received an annual or 100-hour inspection and been approved for return to service in accordance with part 43 of this chapter or has received an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. The 100-hour limitation may be exceeded by not more than 10 hours while en route to reach a place where the inspection can be done.

My question is, can the time it takes to reach a maintenance location (up to 10 hours) be used for hire such as flight instruction? Or does the first statement mean, no matter what, you cannot overfly a 100 hour inspection?



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1 Answers

  1. John D. Collins on Aug 17, 2011

    I have always assumed that as long as the aircraft did not exceed the 100 hour limit prior to being on the return flight to the location where the 100 hour or annual was to be performed, that it was OK to give instruction for hire.  If it exceeded the 100 hour limit before being dispatched, it could not be dispatched.  A gray area is if the flight was dispatched prior to the 100 hour limit, but the 100 hour limit was exceeded on the flight prior to being on the return portion of the flight to the maintenance base. The wording could allow either interpretation.  It would be best to find or get a FAA chief counsel opinion.  Second best would be to research the final rule and see if the FAA response has a comment on this aspect.  If the aircraft exceeded the 100 hour limit, the next hundred hour period is still due 100 hours from the time from the prior 100 hour limit. 


    Although the 100 hour limit has the possibility of a 10 hour extension, if an AD is due at the 100 hour interval, the airplane is unairworthy at the expiration of the interval without any extension and the AD must be done prior to further flight. I have known some flight instructors who were within the 10 hour grace period for the 100 hour but one or more AD’s expired at the 100 hour that received violations from the FAA.


    Final point, rental not involving instruction does not require 100 hour inspections. I used to operate a flight school and if an airplane was expected to run out of 100 hour over the weekend, we would dispatch to renters only.



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