AOPA Pilot Magazine - August 2023 - 92

RUDDER & WRENCH
FOR PILOTS.
FROM PILOTS.
The only credit card
that supports AOPA
and general aviation.
Wherever you go.
online database, searchable by keyword.
Some are quite surprising and counterintuitive,
and some are no longer in effect
at all. Some significantly alter what most
of us thought the regulations mean. I've
requested a few myself (search keyword
" Busch " if you're curious), and I keep a
folder of the most interesting and significant
legal interpretations that affect maintenance.
Here are some of my favorites.
3%
Cash Back1
Select
AOPA Partners2-4
CASH BACK1
APPLIED AS STATEMENT CREDIT.
QUARTERLY BONUS POINT CAP OF 2,500 POINTS4
Visit
AOPA.org/creditcard
to learn more
Preventive maintenance
Topping my list is the February 2009 Coleal
interpretation that redefines what " preventive
maintenance " an owner is allowed to
perform without A&P involvement. Part 43
Appendix A, Paragraph (c) contains a list of
31 specific tasks that the FAA permits owners
to do, and the introduction to that list
states that " preventive maintenance is limited
to the following work. "
Advisory Circular AC 43-12A
( " Preventive Maintenance " ) goes even
further, stating " if a task or maintenance
function does not appear in the list, it is
not preventive maintenance. " So, any work
that isn't on that list of 31 tasks requires
A&P involvement, right?
Wrong! said the FAA lawyers in
a February 2009 legal interpretation
requested by David Coleal, vice president
and general manager of Bombardier
Learjet. Coleal's question to the FAA lawyers
was whether a pilot could legally
check the tire pressure on a Learjet 60 or
whether a mechanic was required to do it.
Checking tire pressure is not on the list of
31 items, but the FAA lawyers stated the
FAA would consider it to be preventive
maintenance that a pilot could legally do.
But the lawyers went much further,
* Certain points and purchases restrictions apply, see full Rewards Terms and
Conditions for full details at AOPA.org/creditcard
editcard. 1. Rewards points can be
redeemed for Cash Back or other redemption items provided through AOPA Pilot
Rewards. A Cash Back redemption is applied as a statement credit. The statement
credit will reduce your balance but you are still required to make at least your
minimum payment. A minimum of 2,500 points is needed to redeem for Cash Back.
Values for non-cash back redemption items such as merchandise, gift cards,
and travel may vary. 2. Advertising, Aviation Insurance, PAC Donations and AFI
Donations are excluded. Visit www.commercebank.com/aopapilotrewards for
complete details on exclusions and bonus point categories. 3. Participating AOPA
partners include: Aero-Space Reports, Aircraft Spruce & Specialty Co., Jeppesen®,
Pilot Workshops, SiriusXM®, Sporty's® Pilot Shop. The listed AOPA partners
are in no way affiliated with Commerce Bank, nor are the listed merchants to be
considered sponsors or co-sponsors of this program. Use of merchant names and/
or logos is by the permission of each respective merchant and all trademarks are
the property of their respective owners. 4. Please note that merchants self-select
the category in which transactions will be listed and some merchants may be owned
by other companies, therefore transactions may not be counted in the category
you might expect. Purchases made using Near Field Communication (NFC), virtual
wallets, or similar technology may not be eligible for bonus points.
stating that " the list [is] better viewed as
examples of the tasks in [that] category-
they cannot be considered all-inclusive. "
The interpretation went on to say, " There
are, no doubt, many 'simple...[tasks]'...performed
daily, especially on small general
aviation aircraft, that the agency would consider
to be preventive maintenance, though
they are not included in the...listed items. "
The Coleal interpretation opens the
door for aircraft owners to perform more
maintenance on their aircraft on their own
recognizance. If the work is not on the FAA's
list of tasks but is comparable in terms of
92
AOPA PILOT / August 2023
complexity and risk to the listed items, then
the FAA would probably not take issue with
it being treated as preventive maintenance
that an owner is permitted to do. In view of
the current acute mechanic shortage, this is
a wonderful thing.
Current manuals and revisions
The word " current " appears in several
regulations. For example, 91.409(f) permits
operators of multiengine turbine
airplanes to adopt the " current inspection
program recommended by the manufacturer. "
Further, 43.13(a) requires " Each
person performing maintenance...shall
use the methods, techniques, and practices
prescribed in the current manufacturer's
maintenance manual or Instructions for
Continued Airworthiness prepared by its
manufacturer. " Does this mean we always
follow the latest version of manufacturer's
guidance? No, it doesn't. An August
2010 interpretation clarified the meaning
of " current " in a rather surprising fashion.
In the case of those multiengine turbines,
the " current " inspection program recommended
by the manufacturer means the
one that was current when the operator
adopted it, not the one that is current now.
The interpretation of what methods,
techniques, and practices must be
followed per 43.13(a) is even more interesting.
Although the word " current " with
respect to the manufacturer's maintenance
manual and ICAs has the normal
meaning-current as of now-maintainers
are not required to follow the latest versions
of those documents. That's because
43.13(a) also allows the use of " other methods,
techniques, and practices acceptable
to the Administrator. " So, if you prefer to
maintain your 1947 Beechcraft Bonanza by
the maintenance manual that was current
when your airplane rolled off the assembly
line, that's fine. That old, dog-eared manual
was " acceptable to the Administrator "
in 1947, unless something has caused the
FAA to change its mind since then (highly
unlikely), it's still acceptable.
The important principle here is that
manufacturers are not permitted to
change the rules that owners must play by
in the middle of the game. Only the FAA
is allowed to do that, and only by issuing
an AD or some other rulemaking action.
http://www.AOPA.org/creditcard http://www.AOPA.org/creditcard http://www.commercebank.com/aopapilotrewards
AOPA Pilot Magazine - August 2023

Table of Contents for the Digital Edition of AOPA Pilot Magazine - August 2023
