All:
I am posting the following off-list strings to the list in response to
several requests to do so.
Regards,
WRB
Begin forwarded message:
From: William R. Bayne <[EMAIL PROTECTED]>
Date: April 15, 2008 00:20:43 CDT
To: WILLIAM BIGGS <[EMAIL PROTECTED]>
Cc: Jerry Eichenberger <[EMAIL PROTECTED]>, Ed Burkhead
<[EMAIL PROTECTED]>, <[EMAIL PROTECTED]> <[EMAIL PROTECTED]>
<[EMAIL PROTECTED]>, John Cooper <[EMAIL PROTECTED]>, my_ercoupe
<[EMAIL PROTECTED]>, <[EMAIL PROTECTED]> <[EMAIL PROTECTED]>
<[EMAIL PROTECTED]>, heavensounds Cortes' <[EMAIL PROTECTED]>
Subject: Re: [ercoupe-tech] FAA making changes to Sport Pilot and LSA
rules
Hi Bill (off list),
Yes, hairs may need to be split carefully here to prevent unnecessary
confusion.
When the government used an Ercoupe for the 1941 JATO testing, some
described the aircraft used as a "YO-55". Their use of the word was
generic, and misleading; inasmuch as the airframe used was most
definitely NOT the one and only YO-55. From considerable research
(not all mine) I personally know this to be absolute fact. Incorrect
words in official report(s) remain incorrect. I can support what I
know to be the truth beyond reasonable doubt. At all levels of
government there are mistakes aplenty.
The statement of some faceless bureaucrat in Advisory Circular AC43.12
that "to perform preventive maintence" is a privilege is a similarly
generic use of words. It's the opinion of that individual, and of no
regulatory significance. According to the FAA, advisory circulars
(ACs) are, in whole and in part, advisory and not mandatory. As
Benjamin Franklin said: "If you call a steer a bull, he's grateful
for the compliment; but he'd much prefer having back that which was
originally his." ;<)
FAR Section 43.7 DOES state, under (f): "A person holding at least a
private pilot certificate may approve an aircraft for return to
service after performing preventive maintenance under the provisions
of § 43.3(g)." As stated before, the holder of said certificate HOLDS
it until revoked or suspended. No medical is mentioned or inferred in
this section as pertaining to the execution of such required
paperwork.
All "official" requirements for medical certificates pertain to
"operation" or "operations" (in the context of flight or navigation),
as I previously explained; and even this, for a private pilot
operating under light sport, is "covered" by possession of a valid
drivers license. THAT is the only medical required, for whatever
reason, and a private pilot "operating" under SP HAS that.
Yes, FAR Section 43.5 prohibits operation of an aircraft following
preventive maintenance unless approved for return to service, but any
valid PP certificate (not a 3rd class medical) is the sole authority
required to do that.
I respectfully disagree that the "operation" or "operations" described
in FAR 61.23 have any stated or intended application to the
performance of preventive maintenance under FAR 43.3(g). One may not
infer that they do in the absence of language to that effect.
I highly doubt that you can find anyone in the FAA willing to stake
their future promotion(s) on asserting such a connection IN WRITING
AND PERSONALLY SIGNING SAME without a LOT more evidence than you
provide here.
Regards,
William R. Bayne
.____|-(o)-|____.
(Copyright 2008)
--
On Apr 14, 2008, at 22:50, WILLIAM BIGGS wrote:
Bill,
You said:
"The performance of preventive maintenance is NOT a "privilege" in
any manner related to other requirements said HOLDER must meet."
Here is a quote from AC43.12A
Para 4.C.
Persons authorized to perform preventive maintenance. In
addition to
those persons listed in paragraph 4a of this ACr Section
43.3(g) authorizes the
holder of a pilot certificate issued under Part 61 to
perform preventive
maintenance. Section 43.7 limits the privilege to
persons holding at least a
private pilot certificate and Section 43.5 prohibits
operation of the aircraft
unless approved for return to service.
Again:
Medical certificates: Requirement and duration.
[(a) Operations requiring a medical certificate. Except as provided
in paragraphs (b) and (c) of this section, a person:]
(1) Must hold a first-class medical certificate when exercising the
privileges of an airline transport pilot certificate;
(2) Must hold at least a second-class medical certificate when
exercising the privileges of a commercial pilot certificate; or
(3) Must hold at least a third-class medical certificate--
(i) When exercising the privileges of a private pilot certificate;
So AC43.12A absolutely qualifies preventative maintenance as a
"priviledge" and 61.23 says you cannot "exercise the priviledges"
without a current medical.
Bill
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
++++++++++++++++++++
Begin forwarded message:
From: William R. Bayne <[EMAIL PROTECTED]>
Date: April 14, 2008 20:21:59 CDT
To: WILLIAM BIGGS <[EMAIL PROTECTED]>
Cc: Jerry Eichenberger <[EMAIL PROTECTED]>, Ed Burkhead
<[EMAIL PROTECTED]>, <[EMAIL PROTECTED]> <[EMAIL PROTECTED]>
<[EMAIL PROTECTED]>, John Cooper <[EMAIL PROTECTED]>, my_ercoupe
<[EMAIL PROTECTED]>, heavensounds Cortes' <[EMAIL PROTECTED]>,
<[EMAIL PROTECTED]> <[EMAIL PROTECTED]> <[EMAIL PROTECTED]>
Subject: Re: [ercoupe-tech] FAA making changes to Sport Pilot and LSA
rules
Hi Bill (off list),
Refer to Part 43 "Maintenance, Preventive Maintenance, ..."
§ 43.1: "...this part prescribes rules governing..."
§ 43.3: "Persons authorized..."
"(g) The holder of a pilot certificate issued under Part 61 may
perform...preventive maintenance on any aircraft owner or operated
by that pilot..."
So, the RULE is clear and unambiguous. It is a specific and
continuing authorization granted the HOLDER of said pilot certificate
to perform preventive maintenance limited only by related verbage IN
THIS SECTION. The performance of preventive maintenance is NOT a
"privilege" in any manner related to other requirements said HOLDER
must meet.
This is consistent with:
§ 61.3 Requirements for certificates, ratings, and authorizations
(a) Pilot certificate. A person may not act as pilot in
command..unless that person has a valid pilot certificate...when
exercising the privileges of that pilot certificate or
authorization."
(c) Medical certificate
(1) ...a person may not act as pilot in command...unless that
person has a current and appropriate medical certificate...or
other documentation acceptable to the Administrator...."
§ 61.19 Duration of pilot...certificates
(c) ...A pilot certificate...issued under this part is issued
without a specific expiration date.
§ 61.23 Medical certificates: Requirement...pertains to
"operations".
So, a pilot certificate issued without a specific expiration date
remains valid indefinitely unless or until revoked or suspended. The
"holder" HOLDS it wholly independent of a medical certificate, valid
or otherwise.
The performance of preventive maintenance is separate and unrelated to
acting as "pilot in command" or the conduct of "operations" as
defined. With respect to aircraft, "operate" means use, cause to use
or authorize to use aircraft for the purpose of air navigation (or)
piloting of aircraft.
The private pilot operating under Sport Pilot provisions retains the
training, knowledge and authorization to perform preventive
maintenance.
The private pilot operating under Sport Pilot provisions HAS, with
regard to medical certificates, "other documentation acceptable to the
Admininstrator" to conduct "operations" (if he/she have their valid
driver's license in their possession) to such extent as this might
somehow be deemed pertinent to their performing of preventive
maintenance.
In my humble opinion, these rules and regulations are clear without
apparent conflict or need for further interpretation.
Regards,
William R. Bayne
.____|-(o)-|____.
(Copyright 2008)
--
On Apr 14, 2008, at 15:47, WILLIAM BIGGS wrote:
My understanding is if your PP medical is expired you are not
eligible to "exercise the priveleges" of that certificate.
One privilege is flying, another is perform preventative maint.
As always, I may be wrong.
Bill
CC: [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED];
[EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED];
[EMAIL PROTECTED]
From: [EMAIL PROTECTED]
Subject: Re: [ercoupe-tech] FAA making changes to Sport Pilot and
LSA rules
Date: Mon, 14 Apr 2008 13:27:52 -0500
To: [EMAIL PROTECTED]
Hi Ed (off list),
Maybe I'm missing something, but the way (g) is currently written
the "holder of a pilot certificate issued under Part 61" continues
to "hold" that RATING until or unless said rating is revoked.
John Cooper and Bill Biggs apparently take the position that pilots
lose (are automatically denied) privileges not specifically
preserved by the FAA in supplemental rulemaking. I would, to the
contrary, strongly assert that pilots retain privileges not
specifically revoked by the FAA with due notice and following
publishing in the Federal Register followed by an appropriate public
comments period.
If the FAA is allowed to "interpret" new regulations so as to
further restrict what a certificated pilot is allowed to do, such
denies pilots regulatory "due process". That is a slippery (and
steep) slope no pilot worthy of the title should meekly accept.
Regards,
WRB
--
On Apr 14, 2008, at 10:22, WILLIAM BIGGS wrote:
FYI
Here is the rule in question
Sport pilot Rule
Amend §43.3 by revising paragraphs (c) and (g) to read as follows:
§43.3 Persons authorized to perform maintenance, preventive
maintenance, rebuilding, and alterations.
(g) Except for holders of a sport pilot certificate, the holder
of a
pilot certificate issued under part 61 may perform preventive
maintenance
on any aircraft owned or operated by that pilot which is not used
under
part 121, 129, or 135 of this chapter. The holder of a sport pilot
certificate
may perform preventive maintenance on an aircraft owned or operated
by
that pilot and issued a special airworthiness certificate in the
light-sport
category.
Bill
To: [email protected]
From: [EMAIL PROTECTED]
Date: Mon, 14 Apr 2008 10:52:46 -0400
Subject: RE: [ercoupe-tech] FAA making changes to Sport Pilot and
LSA rules
> Having a medical certificate is required for certain privileges,
like acting as pilot in command, etc.
As I read it, a current medical is required for all privileges
EXCEPT those specifically excluded in 61.23(b) and preventive
maintenance is not listed there. Doesn’t make a lot of sense, but I
don’t think it’s supposed to…
If you revert to a sport pilot when your medical expires and a sport
pilot is not allowed to perform preventive maintenance, well, ….
John Cooper
