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4 Answers

R22 MR Temp Light Inoperative – legal to fly?

Asked by: 7089 views , , , ,
FAA Regulations, Helicopter

 

Hi and thank you all for any feedback.

 

I know the practical answer to this - "I wouldn't fly with a MR Temp light inoperative", but what is the position regarding regulations?

 

Firstly I would check the day VFR required equipment (91.205) - and the MR Temp Light is not on that list. So now I go to inoperative equipment 91.213(d) and this is where it gets a bit less clear to me. It seems to say that as long as the instrument/equipment is not required for day VFR (91.205), not "Indicated as required on the aircraft's equipment list" (the R22 POH?)  and the aircraft doesn't have a MEL then it is OK to fly without the equipment being operational - as long as the pilot removes/placards (remove the bulb?) and doesn't consider it a hazard to safe flight (which is subjective). 

 

I would conclude that legally, if it was a short flight maybe to a repair facility, you could legally fly with the MR Temp Light pulled (that is my version of removed/placarded). What do you guys think - legally?

 

I want to know because I want to make sure I tell my students the correct thing. And this issue doesn't just apply to the MR Temp light, what about other equipment/instruments not on the day VFR or POH lists of required equipment? (Heater, Carbon Monoxide light, VSI, etc). 

 

Like I said the practical advice for this example would be "call the mechanics/don't fly etc" but I would appreciate some clarification on the legal issue.

 

Many thanks

 

Jay

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4 Answers



  1. Chris Carlson on Feb 11, 2013

    From what I understand, before you can just placard it, you must first check the POH to see if it is required for flight. On many POHs there is a list of equipment, which is different than an MEL, it’s just called an equipment list, and there is listed the things that were either 1) required for airworthiness, 2) standard equipment, or, 3) optional or additional. Category 1 is a must, since it does not have the equipment that was there during airworthiness certification, category 2 is not required, but is just what was there when the aircraft was put off the assembly line. In other words, it was a required thing to have natal led at time of purchase, but as far as the FAA is concerned, it is additional. Category 3 is additional purchase items from the manufacturer and is not required, but can then be removed and placarded.
    One can not simply just ‘placard it’ despite the current trend of placarding the ADf or GPS for checkrides, it must be REMOVED OR DEACTIVATED, so it can not be used at all (no false negatives coming from the instruments, etc)

    (1) The flight operation is conducted in a—

    (i) Rotorcraft, non-turbine-powered airplane, glider, lighter-than-air aircraft, powered parachute, or weight-shift-control aircraft, for which a master minimum equipment list has not been developed; or

    (ii) Small rotorcraft, nonturbine-powered small airplane, glider, or lighter-than-air aircraft for which a Master Minimum Equipment List has been developed; and

    (2) The inoperative instruments and equipment are not—

    (i) Part of the VFR-day type certification instruments and equipment prescribed in the applicable airworthiness regulations under which the aircraft was type certificated;

    (ii) Indicated as required on the aircraft’s equipment list, or on the Kinds of Operations Equipment List for the kind of flight operation being conducted;

    (iii) Required by § 91.205 or any other rule of this part for the specific kind of flight operation being conducted; or

    (iv) Required to be operational by an airworthiness directive; and

    (3) The inoperative instruments and equipment are—

    (i) REMOVED from the aircraft, the cockpit control placarded, and the maintenance recorded in accordance with § 43.9 of this chapter; or

    (ii) DECTIVATED and placarded “Inoperative.” If deactivation of the inoperative instrument or equipment involves maintenance, it must be accomplished and recorded in accordance with part 43 of this chapter; and

    (4) A determination is made by a pilot, who is certificated and appropriately rated under part 61 of this chapter, or by a person, who is certificated and appropriately rated to perform maintenance on the aircraft, that the inoperative instrument or equipment does not constitute a hazard to the aircraft.

    An aircraft with inoperative instruments or equipment as provided in paragraph (d) of this section is considered to be in a properly altered condition acceptable to the Administrator.

    (e) Notwithstanding any other provision of this section, an aircraft with inoperable instruments or equipment may be operated under a special flight permit issued in accordance with §§ 21.197 and 21.199 of this chapter.

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  2. Wes Beard on Feb 11, 2013

    This is the process to determine if you can legally deactivate some piece of equipment and continue to fly with it.

    1. Is it required by the regulations (91.205 VFR Day / Night / IFR)
    2. Is it required by the equipment list (see the equipment list that came with the airplane found inside the POH). Chris has a good explanation on breaking down what is required. A good example is the PA-28-161 does not require a spinner… you can fly without it but don’t try that with a C-182; it is required.
    3. Kinds of operation list (KOEL). This is also found in the POH. It will list any additional equipment that is required to be installed and operational for VFR Day / Night / IFR and ICING conditions.
    4. If the item is not listed on any of those documents then you can remove the item (completely from the airplane) and fly it all day / night long.
    5. If you want to just deactivate the item, then there must be a provision for it in the minimum equipment list (MEL). This list gives you all the equipment that can be installed on the aircraft in a non-operational condition and still be legal to fly. As you stated, 91.215 gives a provision for small aircraft such as a R-22 and if you are this far on the checklist, you can deactivate it, placard it and fly all day / night long.
    6. What if, the item is required but maintenance is located at a different airport. This is where a ferry permit comes in. Call the local FSDO, explain to them what is broken on the aircraft and after an inspection, will issue a one-time ferry permit with certain stipulations so the pilot can legally fly that aircraft over to the maintenance base.

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  3. Sam Dawson on Feb 12, 2013

    Okay, repeat after me. Your starting point is not 91.205, but 91.213 and AC 91-67.

    91.213 will lead you to 91.205 and all the other correct references, but not visa versa. As an example, Wes left out the first requirement of 91.213(b)- the item can not be part of the day VFR required items under which the airframe was certified- usually either FAR 23 or CAR 3 for older airframes for most certified equipment we encounter as GA pilots. Some good examples of this:
    1. CHT gauge is required if the airframe has cowl flaps.
    2. Carb heat is required if the airframe has a carb engine.
    3. Stall horn in airplanes certified with a stall horn.

    Finally 91.213 has a catch all- the certified pilot (or mechanic I believe), must determine that it is safe to operate the airframe with that equipment inoperative.
    AC 91-67 has a flow sheet for you to follow.

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  4. Sam Dawson on Feb 13, 2013

    Wow. If you disagree with what I wrote to give it a thumbs down have the courage to state why instead of being a coward.

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