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#1
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Oh, and BTW, mechanics cannot ground airplanes
************************************************** ***** Yup, true fact... Though one local recently got into a ****ing match with his API over some annual inspection issues on a well worn TriPacer (couple of 3 year olds in adult bodies)- including the CAR 23 original equipment single mag switch that has only two positions - off and on - and the fabric passing the punch test though at the lowest allowable reading, and the mechanic refused to sign it off.. The owner (an AP but not an I) demanded the mechanic turn the plane back to him now, or else... The mechanic did, but he put an entry in the log book that the airplane was unairworthy and called the FSDO and faxed them a copy of the log entry... It took a ferry permit to get it off the field... So, the plane was shopped around to several API mechanics before he found one that would touch it... 6 months later and it is still not flying... The story I hear is that the FSDO inspector is demanding documentation that they are having problems coming up with... While an mechanic cannot "ground" an airplane he can do a fair imitation if he is determined... denny |
#2
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If the airplane was going through an annual inspection, the IA should
have generated a list of discrepancies of what didn't pass and given that to the owner. At that point the annual was complete. An ordinary A&P could then bring the aircraft back to airworthinness condition without the need for the IA. I don't believe that there is anywhere where the FSDO could have demanded anything except to do a ramp inspection after the aircraft had been flying. Denny wrote: Oh, and BTW, mechanics cannot ground airplanes ************************************************** ***** Yup, true fact... Though one local recently got into a ****ing match with his API over some annual inspection issues on a well worn TriPacer (couple of 3 year olds in adult bodies)- including the CAR 23 original equipment single mag switch that has only two positions - off and on - and the fabric passing the punch test though at the lowest allowable reading, and the mechanic refused to sign it off.. The owner (an AP but not an I) demanded the mechanic turn the plane back to him now, or else... The mechanic did, but he put an entry in the log book that the airplane was unairworthy and called the FSDO and faxed them a copy of the log entry... It took a ferry permit to get it off the field... So, the plane was shopped around to several API mechanics before he found one that would touch it... 6 months later and it is still not flying... The story I hear is that the FSDO inspector is demanding documentation that they are having problems coming up with... While an mechanic cannot "ground" an airplane he can do a fair imitation if he is determined... denny |
#3
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![]() wrote in message ... If the airplane was going through an annual inspection, the IA should have generated a list of discrepancies of what didn't pass and given that to the owner. At that point the annual was complete. I'm not sure what you are saying. That the airplane has a current valid annual at this point? That isn't so. THe logbook should have contained words to the effect that the aircraft was inspected on (date) and a list of unairworthy items given to the owner or operator. If the airplane is "ratty" but the mag switch(es) had been installed in accordance with the type certificate in effect as of date of manufacture and there were no subsequent ADs to change it, then the IA cannot on his own hook declare them unairworthy. Similarly, if the fabric punched "at the bottom of the airworthy scale" then the fabric is airworthy. THe IA does not get to set a higher standard than the FAA requires. An ordinary A&P could then bring the aircraft back to airworthinness condition without the need for the IA. That's true, but the aircraft still does not have a current annual inspection. I don't believe that there is anywhere where the FSDO could have demanded anything except to do a ramp inspection after the aircraft had been flying. They can demand green cheese. What they get or are entitled to get are two separate matters. Jim |
#4
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![]() RST Engineering wrote: wrote in message ... If the airplane was going through an annual inspection, the IA should have generated a list of discrepancies of what didn't pass and given that to the owner. At that point the annual was complete. I'm not sure what you are saying. That the airplane has a current valid annual at this point? That isn't so. THe logbook should have contained words to the effect that the aircraft was inspected on (date) and a list of unairworthy items given to the owner or operator. I was saying the annual inspection was complete and current at that point and if there were any unairworthy items, they need to be attended to. The IA had completed his duties and is no longer involved. Once he signs off the annual inspection, whether airworthy or not, the inspection is complete and current. If the airplane is "ratty" but the mag switch(es) had been installed in accordance with the type certificate in effect as of date of manufacture and there were no subsequent ADs to change it, then the IA cannot on his own hook declare them unairworthy. Similarly, if the fabric punched "at the bottom of the airworthy scale" then the fabric is airworthy. THe IA does not get to set a higher standard than the FAA requires. An ordinary A&P could then bring the aircraft back to airworthinness condition without the need for the IA. That's true, but the aircraft still does not have a current annual inspection. The inspection is current and complete, but not airworthy. That inspection will be current for the next year and if it was not airworthy it can be brought into airworthiness and flown during that time period. The A&P has 0% authority with the inspection process. I don't believe that there is anywhere where the FSDO could have demanded anything except to do a ramp inspection after the aircraft had been flying. They can demand green cheese. What they get or are entitled to get are two separate matters. Jim |
#5
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![]() wrote in message ... RST Engineering wrote: wrote in message ... If the airplane was going through an annual inspection, the IA should have generated a list of discrepancies of what didn't pass and given that to the owner. At that point the annual was complete. I'm not sure what you are saying. That the airplane has a current valid annual at this point? That isn't so. THe logbook should have contained words to the effect that the aircraft was inspected on (date) and a list of unairworthy items given to the owner or operator. I was saying the annual inspection was complete and current at that point and if there were any unairworthy items, they need to be attended to. The IA had completed his duties and is no longer involved. Once he signs off the annual inspection, whether airworthy or not, the inspection is complete and current. (S)he cannot sign off the annual inspection. 43.11 (a)(5) is quite specific as to what has to happen when the aircraft is inspected and not found airworthy. If you have another section of the regs that countermands this section, please post it. Otherwise I maintain that the inspection is neither complete nor current. The inspection is current and complete, but not airworthy. That inspection will be current for the next year and if it was not airworthy it can be brought into airworthiness and flown during that time period. The A&P has 0% authority with the inspection process. Citation from regulation, please? Otherwise I maintain as above, not current, not "in annual". Jim A&P, IA |
#6
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In article ,
"RST Engineering" wrote: [a bunch of stuff snipped] (S)he cannot sign off the annual inspection. 43.11 (a)(5) is quite specific as to what has to happen when the aircraft is inspected and not found airworthy. If you have another section of the regs that countermands this section, please post it. Otherwise I maintain that the inspection is neither complete nor current. Maybe I haven't followed this thread well enough. Are you saying that an Annual Inspection is not complete and valid if there is a list of unairworthy items given to the owner? I don't mean to imply that the aircraft is airworthy or "in annual", rather that the inspection was finished and that any appropriate A&P could sign off the repair of those unairworthy items (as appropriate), right? (In this case I'm asking about a hypothetical case, not the specific stuff earlier in the thread). thanks -- Bob Noel no one likes an educated mule |
#7
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On 9/20/05 19:28, "Bob Noel" wrote:
In article , "RST Engineering" wrote: [a bunch of stuff snipped] (S)he cannot sign off the annual inspection. 43.11 (a)(5) is quite specific as to what has to happen when the aircraft is inspected and not found airworthy. If you have another section of the regs that countermands this section, please post it. Otherwise I maintain that the inspection is neither complete nor current. Maybe I haven't followed this thread well enough. Are you saying that an Annual Inspection is not complete and valid if there is a list of unairworthy items given to the owner? I don't mean to imply that the aircraft is airworthy or "in annual", rather that the inspection was finished and that any appropriate A&P could sign off the repair of those unairworthy items (as appropriate), right? (In this case I'm asking about a hypothetical case, not the specific stuff earlier in the thread). thanks That's what I thought, Bob. Hopefully someone in the know will confirm this. - Don When once you have tasted flight, you will forever walk the earth with your eyes turned skyward, for there you have been, and there you will always long to return. - Leonardo da Vinci |
#8
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![]() RST Engineering wrote: wrote in message ... RST Engineering wrote: wrote in message ... If the airplane was going through an annual inspection, the IA should have generated a list of discrepancies of what didn't pass and given that to the owner. At that point the annual was complete. I'm not sure what you are saying. That the airplane has a current valid annual at this point? That isn't so. THe logbook should have contained words to the effect that the aircraft was inspected on (date) and a list of unairworthy items given to the owner or operator. I was saying the annual inspection was complete and current at that point and if there were any unairworthy items, they need to be attended to. The IA had completed his duties and is no longer involved. Once he signs off the annual inspection, whether airworthy or not, the inspection is complete and current. (S)he cannot sign off the annual inspection. 43.11 (a)(5) is quite specific as to what has to happen when the aircraft is inspected and not found airworthy. If you have another section of the regs that countermands this section, please post it. Otherwise I maintain that the inspection is neither complete nor current. Cut from 43.11: ========================= (5) Except for progressive inspections, if the aircraft is not approved for return to service because of needed maintenance, noncompliance with applicable specifications, airworthiness directives, or other approved data, the following or a similarly worded statement-- ``I certify that this aircraft has been inspected in accordance with (insert type) inspection and a list of discrepancies and unairworthy items dated (date) has been provided for the aircraft owner or operator.'' ========================= The annual inspection is an annual inspection. Whether or not it is "approved for return to service" is the outcome of the inspection. No other inspection is necessary for the next year. 91.409 ========================= Sec. 91.409 - Inspections. (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had -- (1) An annual inspection in accordance with part 43 of this chapter "and" has been approved for return to service by a person authorized by §43.7 of this chapter; ===================================== The big word here is "and" for allowed operation of the aircraft. The inspection is current and complete, but not airworthy. That inspection will be current for the next year and if it was not airworthy it can be brought into airworthiness and flown during that time period. The A&P has 0% authority with the inspection process. Citation from regulation, please? Otherwise I maintain as above, not current, not "in annual". "in annual" is a slang term for an annual inspection that has been returned to service. I think we're stuck on the term "annual" meaning two different things. Cheers Dave Jim A&P, IA |
#9
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Probably so. I see where you are coming from. It has always been my policy
to neither charge for nor sign a logbook when there are unairworthy items to be taken care of. I see your point -- but I don't operate that way. In any case, refusing to sign a legitimate annual when the mag switch(es) were in conformance with the type certificate and the fabric punched at the lower limit of acceptable strength was unethical in the least sense of the word. Jim Cut from 43.11: ========================= (5) Except for progressive inspections, if the aircraft is not approved for return to service because of needed maintenance, noncompliance with applicable specifications, airworthiness directives, or other approved data, the following or a similarly worded statement-- ``I certify that this aircraft has been inspected in accordance with (insert type) inspection and a list of discrepancies and unairworthy items dated (date) has been provided for the aircraft owner or operator.'' ========================= The annual inspection is an annual inspection. Whether or not it is "approved for return to service" is the outcome of the inspection. No other inspection is necessary for the next year. 91.409 ========================= Sec. 91.409 - Inspections. (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had -- (1) An annual inspection in accordance with part 43 of this chapter "and" has been approved for return to service by a person authorized by §43.7 of this chapter; ===================================== The big word here is "and" for allowed operation of the aircraft. |
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