1. Safety Seminar
Flagstaff Arizona
October 17, 2015

2. Instructor: Nelson Hochberg 928-699-8350 nelson@thenelson.name
ATP, ASMELS, A&P, IA, AGI, IGI, past CFII
Available at
This presentation
All links in this presentation

4. Topics My annual was 11 months ago The plane is good to go – Right?
When and why to declare an emergency.

5. My annual was 11 months ago The plane is good to go – Right?
Required Aircraft Maintenance
My annual was 11 months ago The plane is good to go – Right?
··· Maybe

6. Caveats This talk addresses owner/operators under FAR Part 91
Does not cover operations under FAR Parts 121, 125, 129 or 135
Aircraft maintenance regulations are convoluted, outdated and confusing
I am not an attorney
On the plus side: I am not an attorney

7. What makes a plane fly? $$$ MONEY! $$$
What does it take to fly higher and faster?
$$$$$$$ MORE MONEY! $$$$$$$
When I leave this slide and move to the next slide, call out “Excuse me!”
ME: “Yes?”
You: “I beg to disagree but money does not make an airplane fly.”
Me: “What do you think makes an airplane fly?”
You: “Paper!”
Me: “You’re from the FAA. Aren’t you?”
You: “Yes, I am.”
Me: “I stand corrected. For the FAA, paper makes an airplane fly.”

8. The FAA has lots of rules
Part DEFINITIONS AND ABBREVIATIONS
Part GENERAL REQUIREMENTS
Part GENERAL RULEMAKING PROCEDURES
Part INVESTIGATIVE AND ENFORCEMENT PROCEDURES
Part RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE
Part ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS
Part RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT
Part PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES
Part CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
Part AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC
Part AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
Part CONTINUED AIRWORTHINESS AND SAFETY IMPROVEMENTS FOR
Part AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT
Part AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT
Part AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS
Part AIRWORTHINESS STANDARDS: AIRCRAFT ENGINES
Part FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR
Part AIRWORTHINESS STANDARDS: PROPELLERS
Part NOISE STANDARDS: AIRCRAFT TYPE AND AIRWORTHINESS
Part AIRWORTHINESS DIRECTIVES
Part MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
Part IDENTIFICATION AND REGISTRATION MARKING
Part AIRCRAFT REGISTRATION
Part RECORDING OF AIRCRAFT TITLES AND SECURITY DOCUMENTS
Part Flight Simulation Training Device Initial and Continuing Qualification and Use
Part CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
Part CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
Part CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
Part MEDICAL STANDARDS AND CERTIFICATION
Part DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC
Part SPECIAL USE AIRSPACE
Part OBJECTS AFFECTING NAVIGABLE AIRSPACE
Part GENERAL OPERATING AND FLIGHT RULES
Part SPECIAL AIR TRAFFIC RULES
Part IFR ALTITUDES
Part STANDARD INSTRUMENT APPROACH PROCEDURES
Part SECURITY CONTROL OF AIR TRAFFIC
Part MOORED BALLOONS, KITES, UNMANNED ROCKETS AND UNMANNED
Part ULTRALIGHT VEHICLES
Part PARACHUTE OPERATIONS
Part CERTIFICATION: AIR CARRIERS AND COMMERCIAL
Part DRUG AND ALCOHOL TESTING PROGRAM
Part OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND
Part CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A
Part OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN.-
Part ROTORCRAFT EXTERNAL-LOAD OPERATIONS
Part OPERATING REQUIREMENTS: COMMUTER AND
Part COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR
Part AGRICULTURAL AIRCRAFT OPERATIONS
Part CERTIFICATION OF AIRPORTS
Part PILOT SCHOOLS
Part TRAINING CENTERS
Part REPAIR STATIONS
Part AVIATION MAINTENANCE TECHNICIAN SCHOOLS
Part AIRPORT NOISE COMPATIBILITY PLANNING
Part FEDERAL AID TO AIRPORTS
Part AIRPORT AID PROGRAM
Part AIRPORT OPERATIONS
Part RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY
Part STATE BLOCK GRANT PILOT PROGRAM
Part NOTICE OF CONSTRUCTION, ALTERATION, ACTIVATION,
Part PASSENGER FACILITY CHARGES (PFC'S)
Part NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS
Part EXPENDITURE OF FEDERAL FUNDS FOR NONMILITARY
Part ESTABLISHMENT AND DISCONTINUANCE CRITERIA FOR AIR
Part NON-FEDERAL NAVIGATION FACILITIES
Part REPRESENTATIVES OF THE ADMINISTRATOR
Part TESTIMONY BY EMPLOYEES AND PRODUCTION OF
Part FEES
Part USE OF FEDERAL AVIATION ADMINISTRATION
Part PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION
Part AVIATION INSURANCE

9. The FAA has even more rules
Aeronautical Information Manual (AIM)
Advisory Circulars (AC) (AC 43.13)
Manufacturer’s documentation
Pilot’s operations handbook (POH)
Service manuals
FAA orders
Typically applies to FAA employees
Many impact you
The NTSB and courts have determined that all of these comprise regulatory requirements.

10. Navigating to the FARs, AIM, ADs & ACs
Searchable FARs:

11. Advisory Circulars are regulatory???
Example:
There are no FARs covering hand propping.
1983: Owner hand propped a Variezy
A nonpilot companion was instructed to reach inside the cockpit and pull the throttle back
it “got away” and ran into a parked aircraft
NTSB law judge and full NTSB board agreed with the FAA for a 40-day suspension
Based on FAR (reckless operation) and
Airplane Flying Handbook (AC FAA-H A)

12. Airworthiness FAR Part 3 §3.5 (a) FAA Order 8130.2H
Airworthy means the aircraft conforms to its type design and is in a condition for safe operation.
FAA Order H
The aircraft must conform to its type design.
The aircraft must be in a condition for safe operation.

13. What is “Type Design” Manufacturers receive a Type Certificate
Documents supporting the Type Certificate:
Type Certificate Data Sheet (TCDS)
Pilot’s Operating Handbook (POH)
Service manual
Aircraft modification
Supplemental Type Certificate (STC)

14. Experimental Category
Does not have a type certificate or does not conform with the type certificate
Is issued a special airworthiness certificate
Obviously cannot conform to a type design
Airworthiness can only meet a condition for safe operation
Therefore it gets a condition inspection each year instead of an annual inspection
Since annual inspections includes checking for conformity to type design

15. FAR § 91.7 Civil aircraft airworthiness
(a) No person may operate a civil aircraft unless it is in an airworthy condition.
(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.

16. Operator definition
Operate.  …use, cause to use or authorize to use aircraft, for the purpose of air navigation including the piloting of aircraft, with or without the right of legal control (as owner, lessee, or otherwise).
If you own, rent, borrow or steal an aircraft, you are still responsible that the aircraft is airworthy.

17. FAR § 91.417 Maintenance records.
each registered owner or operator shall keep the following records for the periods specified
shall make all maintenance records required available for inspection by the [FAA and NTSB]
You are required to keep the records.
It doesn’t say where or how you keep them.
You are required to provide only the required records.
You do not need to provide all records.
registered owner or operator
periods
required

18. FAR § 91.417 Records to maintain (1)
maintenance, preventive maintenance, alteration and records of the 100-hour, annual, progressive, and other required or approved inspections
for the aircraft and everything installed on the aircraft
retained until the work is repeated or superseded or for 1 year

19. FAR § 91.417 Records to maintain (2)
total time of the airframe, each engine, propeller, and rotor
current status of life-limited parts
time since last overhaul of all items required to be overhauled at a specified time
current status of applicable ADs including the method of compliance and when next due
forms for each major modification (337, STC, etc)
no time limit – must be passed on to next owner
applicable ADs

20. FAR § 43.3 Persons authorized to perform maintenance
Certified mechanic, repairman or repair station
Persons under the supervision of a mechanic or repairman
A private pilot or higher may do preventative maintenance and return the aircraft to service
Combined with FAR § 43.7 (f)
Sport pilot may work on a sport aircraft
FAR Part 43 Appendix A (c) lists preventative maintenance

21. FAR Part 43 Appendix A (c)
(1) Removal, installation, and repair of landing gear tires.
(2) Replacing elastic shock absorber cords on landing gear.
(3) Servicing landing gear shock struts by adding oil, air, or both.
(4) Servicing landing gear wheel bearings, such as cleaning and greasing.
(5) Replacing defective safety wiring or cotter keys.
(6) Lubrication not requiring disassembly other than removal of nonstructural items.
(7) Making simple fabric patches not requiring rib stitching or the removal of structural parts or control surfaces.
(8) Replenishing hydraulic fluid in the hydraulic reservoir.
(9) Refinishing decorative coating (excluding balanced control surfaces).
(10) Applying preservative or protective material to components.
(11) Repairing upholstery and decorative furnishings of the cabin, cockpit.
(12) Making small simple repairs to fairings, nonstructural cover plates, cowlings.
(13) Replacing side windows where that work does not interfere with the structure or any operating system.
(14) Replacing safety belts.
(15) Replacing seats or seat parts with replacement parts approved for the aircraft.
(16) Trouble shooting and repairing broken circuits in landing light wiring circuits.
(17) Replacing bulbs, reflectors, and lenses of position and landing lights.
(18) Replacing wheels and skis where no weight and balance computation is involved.
(19) Replacing any cowling not requiring removal of the propeller or disconnection of flight controls.
(20) Replacing or cleaning spark plugs and setting of spark plug gap clearance.
(21) Replacing any hose connection except hydraulic connections.
(22) Replacing prefabricated fuel lines.
(23) Cleaning or replacing fuel and oil strainers or filter elements.
(24) Replacing and servicing batteries.
(26) Replacement or adjustment of nonstructural standard fasteners incidental to operations.
(29) Removing, checking, and replacing magnetic chip detectors.

22. FAR § 43.9 Content, Form of Maintenance Records
Required:
A description of work performed
The date of completion
The name of any others performing the work
The signature, certificate number, and kind of certificate held by the person approving the work.

23. FAE § 91.405 Maintenance required
The owner or operator is required to:
have period inspections and repair discrepancies between inspections
ensure that appropriate entries are made in logbook and aircraft has been returned to service
have any inoperative equipment, permitted to be inoperative by §91.213(d)(2), repaired, replaced, removed, or inspected at the next required inspection

24. FAR § 91.213 Inoperative Equipment
You can take off with inoperative equipment if:
The equipment is listed on an approved Minimum Equipment List (MEL) for that aircraft or
The airplane is nonturbine and the equipment was not:
required for VFR day when the airplane was built and
required on the aircraft equipment list and
required for the type of flight and
required by FAR or any other Part 91 regulation and
required by an AD and
determined by a pilot or mechanic that removal will not constitute a hazard to the aircraft and
is removed and logged or is deactivated and placarded Inoperative.
(d)(2)

25. FAR § 91.205 Required Equipment
Day:
Airspeed indicator, Altimeter, Compass
Tachometer, oil pressure, temperature, manifold pressure* gages
Fuel gage
Landing gear position indicator*
Anticollision light – aircraft built after 3/11/96
Safety belt for everyone over 2 years old
Shoulder harness: front seats – aircraft built after 7/18/78
Shoulder harness: all seats – aircraft built after 12/12/86
Night, add:
Position lights
Anticollision light system
Electrical system to power equipment
Three spare fuses of each type*
*If installed

26. FAR § 91.205 Required Equipment 2
IFR, add:
Communication and navigation radios suitable for route
Gyroscopic rate-of-turn indicator (turn coordinator)
Slip-slid indicator (ball)
Adjustable sensitive altimeter
Clock displaying hours, minutes, and seconds
Generator or alternator of adequate capacity
Attitude indicator
Heading indicator

27. Airworthiness Directives (ADs)
Corrects an unsafe condition in an aircraft, engine, propeller, or appliance.
Usually are created from manufacturers service bulletins or accident/incident reports.
You are responsible for ADs that are created between inspections.
Sign up for delivery of new ADs at faa.org
You are responsible for recurring ADs that come due between inspections.

28. Emergency Locator Transmitter (ELT) FAR § 91-207
Batteries must be replaced:
When they expire
When 50% is used
When used for 1 hour total
Inspected every 12 calendar months
Can ferry to where it can be repaired or installed
Not needed on single seat aircraft
May be removed for <=90 days if logged and placarded

29. Transponder altimeter check FARs § 91.217, 91.413, 91.411
Transponder and altitude encoder must be checked every 24 calendar months
Static system and altimeter must be checked every 24 calendar months for IFR
Required:
In Class A, B, C airspace & 30 Km around Class B
Above 10,000 MSL except within 2,500 AGL

30. Oil changes
Lycoming and Continental service manuals require oil changes every:
25 hours if there is no oil filter
50 hours if there is an oil filter
The oil filter must be changed and inspected

31. Aircraft required maintenance review
Annual inspection 12 calendar months
Transponder check 24 calendar months
ELT battery when it expires
Airworthiness Directives when due
Oil change 25 or 50 hours
Inoperative equipment when it occurs and next inspection

32. Aircraft logbook organization

33. Improved aircraft logbook organization

34. 15 minute break 15 1 14 2 13 3 12 4 11 5 10 6 9 7 8

35. Declaring an emergency
When and why

36. SHORT SURVEY
Who has had a hazardous, uncertain, worrisome or unsafe flying situation?
Leave your hand up if you did not declare an emergency.
Leave your hand up if you did not survive the incident.

37. Why in the world would I ever declare an emergency??????????
I’m going to have to fill out forms and write letters!
It will direct FAA’s attention to me!
I am Mr/Ms super pilot – I can handle the problem myself!
I screwed up – I’m not going to tell everyone!
I don’t want to have to handle a bad situation and screaming passengers at the same time.
I wasn’t talking to anyone at the time.

38. So to ask the question again:
Why declare an emergency?

39. Responsibility and authority of the pilot in command FAR § 91.3
(b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.
I can do this without declaring
But everyone else can deviate from the rules if they know there is an emergency
the pilot in command
may deviate from any rule of this part

40. What is an emergency? (Pilot/Controller glossary)
An emergency can be either a distress or urgency condition.
Distress examples:
fire, mechanical failure, or structural damage
Urgency:
the moment the pilot becomes doubtful
It’s best to declare an emergency calmly, early with lot’s of options available.

41. Did you know that ATC and FSS can declare an emergency for you?
They don’t have to tell you.
Who is pilot in command in this situation?

42. Have to complete paperwork?
FAR § 91.3:
(c) Each pilot in command who deviates from a rule [in an emergency] shall, upon the request of the [FAA], send a written report of that deviation to the [FAA].
FAR § :
(d) Each pilot in command who is given priority by ATC in an emergency, shall submit a detailed report of that emergency within 48 hours to the manager of that ATC facility, if requested by ATC.
deviates from a rule
upon the request
given priority
if requested
Most emergencies are handled without deviating from FAR part 91

43. Have to complete paperwork?2
FAA order jo : (2011)
Air Traffic Organization Occurrence Reporting
Requires ATC and FSS personal to report all “occurrences” that may affect safety or require priority
Has a long list defining “occurrences”
This may happen in the background
“Possible pilot deviation, advise you contact (facility) at (telephone number).”
It has nothing to do with declaring an emergency
Some of these reports make it to an FAA inspector who looks into the occurrence further

44. Have to complete paperwork?3
Contrary to what many pilots think,
Filling out paper work is not a fate worse than death.
If you find yourself in a hole
The first thing to do is
STOP DIGGING!
Will Rogers

45. AOPA pilot protection services
Unlimited consultation with legal experts
Limited legal representation
Help with medical certification
Basic: $39/yr, Plus: $99/yr
Separate program available for mechanics
Through PAMA or Yodice Associates:

46. Mr/Ms super pilot
Super pilots use every resource available to fly safely
Six Blue Angle pilots
have about 120 support personnel
Six Thunderbird pilots
have about 125 support personnel
When you declare an emergency, you will probably have at least two experienced people working you

47. Don’t confess I screwed up
Forgive and forget?
No! Forgive and Correct!

48. Aviation Safety Reporting System
Operated by NASA - confidential
May provide immunity from disciplinary actions provided:
Reported within 10 days of knowledge of incident
Inadvertent and not deliberate
Not criminal offense or accident
Not due to failure of re-examination
Or Google “Nasa form”

49. The kinder, friendlier FAA
Order (06/26/15)
…deviations arising from factors such as flawed procedures, simple mistakes, lack of understanding, or diminished skills … can most effectively be corrected through root cause analysis and training, education….
Signed 06/26/15 by Michael Huerta, Administrator, FAA

50. Declaring an emergency summary
Allows ATC, FSS to deviate from the rules to help you
Does not increase paperwork or FAA enforcement risk for you