AOPA Turbine Pilot Magazine - March 2025 - 24

FOR THE RECORD
Tag! You're it!
Aircraft condition notices
BY IAN ARENDT / Senior Attorney,
General Counsel and Legal Services
THE SKY IS BLUE, visibility unlimited, winds calm. It is a perfect
day to bore some holes in the sky or chase down a $100 ($200?)
hamburger. But as you approach the airplane, you notice something
hanging from the wing strut. Upon closer inspection, it is a slip of
paper bearing the foreboding word " ATTENTION. " On it are a list
of purported discrepancies deemed " an imminent hazard to safety "
and a warning that operation of the aircraft without corrective
action will be contrary to the federal aviation regulations. You
might think this is a bad joke, but it's not. You've just been tagged
with an aircraft condition notice (FAA Form 8620-1).
Aircraft condition notices are typically issued by an FAA
aviation safety inspector (ASI) after observing a potentially unsafe
condition with an aircraft. These notices are intended to make an
aircraft owner or operator aware that the aircraft might be in an
unairworthy condition and that further flight without first having
the aircraft inspected might be a violation of the FARs. They are
typically affixed or tagged to the aircraft in a conspicuous location
near the door. The FAA's guidance for issuing condition notices is
sparse, but what can be found suggests such a notice should only be
issued if the aircraft is " obviously unairworthy " or if a discrepancy
requires immediate action prior to operation. However, the
form itself allows a condition notice to be issued for even minor
discrepancies not impacting an aircraft's airworthiness. In fact,
we've seen some odd things appear on condition notices, like
" foggy " instruments, nonoriginal fuel caps, or wet carpet (in a
seaplane no less).
If your aircraft has been tagged with a condition notice, you
should assume the FAA is monitoring your aircraft's activity. You
should carefully review the notice to address any airworthiness
items before further flight. If you are not the owner, you can
anticipate that the FAA will follow up with them. FAA guidance
requires a copy of the condition notice be mailed to the registered
owner. Often, the mailed notice is accompanied by a request to
inspect aircraft logbooks. FAR 91.417(c) requires the owner or
operator to make all required maintenance records available for
inspection by the FAA.
If you fly the aircraft without correcting the alleged discrepancies,
the FAA may suspend or revoke your pilot certificates or demand
reexamination of the aircraft's airworthiness certificate. Keep in
mind that FAR 91.405 dictates all discrepancies be repaired unless
24
AOPA PILOT / March 2025
an instrument or piece of equipment is permitted to be inoperative
by FAR 91.213(d)(2). FAR 91.7 prohibits the operation of unairworthy
aircraft and places responsibility on the pilot in command to
determine whether an aircraft is in a condition for safe flight.
Additionally, FAR 91.403 says that an aircraft owner or operator is
primarily responsible for maintaining the aircraft in an airworthy
condition. Of course, FAR Part 43 dictates who may perform
maintenance, preventive maintenance, rebuilding, and alterations
to an aircraft and who may approve an aircraft for return to service.
At the end of the day, an aircraft condition notice is just that,
a notice, and the ASI might be mistaken about the presence or
significance of a discrepancy. Further, the NTSB has long held
that " not...every scratch, dent, 'pinhole' of corrosion, missing
screw, or other defect, no matter how minor or where located on
the aircraft, " renders an aircraft unairworthy. So, if you disagree
with the ASI, you should be prepared to explain why the noted
discrepancy is erroneous or is not an airworthiness item. It will
likely take supporting documentation from a certificated A&P, if
not the aircraft or component manufacturer, to convince the ASI
you were correct and to rescind the condition notice.
After the initial shock, a common question we receive is, " Why
was the FAA looking at my aircraft? " The answer could be any
of several reasons: The inspector may have been responding to
a specific complaint about your aircraft; the inspector may have
been performing a random inspection of all aircraft on the ramp; or
the inspector might have simply noticed an issue with your aircraft
while performing other duties. It is important to remember that
if your aircraft is on the ramp of a public airport, it is fair game for
an ASI to look over the exterior and peer into windows. However,
authorization from the owner or operator is required before an
ASI can open doors or cowlings, start popping open inspection
plates, or access a hangar (depending on your lease terms).
Whether you agree with the listed discrepancies or not, if your
aircraft is tagged with a condition
notice, it is a matter to take seriously.
If you are " it, " you should
consult with a reputable A&P and
reconsider that hamburger before
it costs more than just money.
ian.arendt@aopa.org
IAN ARENDT is an
in-house attorney with
AOPA's Legal Services
Plan. He is a private pilot
and owns a Piper PA-12
Super Cruiser.
AOPA Turbine Pilot Magazine - March 2025

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