A commercial pilot is planning to operate an aircraft under Part 91 that has a current Airworthiness Certificate and is in an airworthy condition. However, the aircraft has a minor cosmetic dent on a non-critical fairing that is not listed in the aircraft's Minimum Equipment List (MEL), nor is it a discrepancy covered by an Airworthiness Directive (AD). Can the pilot legally operate this aircraft?
- AYes, but only if a mechanic signs off a special ferry permit for the flight.
- BNo, because any deviation from the original type design requires an FAA waiver.
- CYes, if the dent does not affect the aircraft's airworthiness and is not required for the specific flight.
- DNo, any damage, regardless of criticality, renders an aircraft unairworthy.
Show answer & explanationAnswer & explanation
Correct answer: C. Yes, if the dent does not affect the aircraft's airworthiness and is not required for the specific flight.
According to 14 CFR 91.7, an aircraft is airworthy if it conforms to its type design and is in a condition for safe operation. For inoperative equipment, 14 CFR 91.213 states that if an item is not required by the aircraft's type design, an AD, or for the specific flight, and is not on the MEL, it can be deactivated or removed and the aircraft marked as inoperative without rendering it unairworthy. A minor cosmetic dent on a non-critical fairing, if it doesn't affect safe operation or conformity to type design (beyond a minor repair), would generally not fall under these categories and thus would not prevent legal operation.
Why the other options are wrong
- A. A ferry permit is for unairworthy aircraft; if the aircraft is considered airworthy despite the dent, a ferry permit is not needed.
- B. Minor cosmetic damage not affecting airworthiness does not automatically require an FAA waiver or constitute a deviation from type design that would prevent flight.
- D. This is too broad; minor, non-structural damage that doesn't affect safe operation often does not render an aircraft unairworthy.
Airworthiness Determination
An aircraft is considered airworthy if it conforms to its type design and is in a condition for safe operation. Minor cosmetic damage not affecting these two criteria generally does not render an aircraft unairworthy.
- Two primary components: conformity to type design and condition for safe operation.
- Pilot is responsible for determining airworthiness before flight.
- Inoperative equipment rules (91.213) apply to specific components, not general cosmetic damage.
Memory trick: Is the plane in 'SAFE' condition and 'CONFORMS' to its design?