Subject: Preventive Maintenance
Date: 4/18/07
Initiated by: AFS-350
AC No: 43-12A
Change: 1
1. PURPOSE. This advisory circular (AC) provides information concerning
preventive maintenance, including who may perform it, the standards of
performance applicable to it, authority for approval for return to service, and
the applicable recording requirements. This AC clarifies those areas most
frequently misunderstood in the past.
c. Authorization to Perform Preventive Maintenance and Approve for Return to
Service.
(1) In addition to those persons listed in paragraph 3a, § 43.3(g), (h), and
(i) authorize 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 or sport pilot certificate and § 91.407(a)(1) prohibits
operation of the aircraft unless approved for return to service. Further,
pilots may only approve for return to service preventive maintenance which they
themselves have accomplished.
Again: FAR 61.23 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;
Bill,
As recently as 4/17/2007 the FAA has made it clear that performing preventative
maintenance is a "priviledge" of a holder of a pilot certificate.
You said:"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"
It is that "faceless bureaucrat" that will come out of the woodwork and bite
you, see the recent posts on polished props.
Advisiory Circulars are used to clarify the FARs, They are approved by the
Administrator and are in fact ABSOLUTELY binding. Example:
AC 43.13 1A and 2B are the "bible" for aircraft maintenance.
Do I agree that a pilot with an expired medical should not be allowed to
perform preventative maintenance?
No, what bearing does it have on the knowledge he obtained in earning his pilot
certificate.
Does it make any sense? No.
Are the regulations clear?
I am afraid, Yes.
Bill
To: [EMAIL PROTECTED]: [EMAIL PROTECTED]: Tue, 15 Apr 2008 11:23:32
-0500Subject: Fwd: [ercoupe-tech] FAA making changes to Sport Pilot and LSA
rules
All:I am posting the following off-list strings to the list in response to
several requests to do so.Regards,WRBBegin forwarded message:
From: William R. Bayne <[EMAIL PROTECTED]>Date: April 15, 2008 00:20:43 CDTTo:
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 rulesHi 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 tothose 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 CDTTo:
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 rulesHi 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]: [EMAIL PROTECTED]: Re:
[ercoupe-tech] FAA making changes to Sport Pilot and LSA rulesDate: Mon, 14 Apr
2008 13:27:52 -0500To: [EMAIL PROTECTED] 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, preventivemaintenance, rebuilding, and alterations.
(g) Except for holders of a sport pilot certificate, the holder of apilot
certificate issued under part 61 may perform preventive maintenanceon any
aircraft owned or operated by that pilot which is not used underpart 121, 129,
or 135 of this chapter. The holder of a sport pilot certificatemay perform
preventive maintenance on an aircraft owned or operated bythat pilot and issued
a special airworthiness certificate in the light-sportcategory. Bill To:
[EMAIL PROTECTED]: [EMAIL PROTECTED]: Mon, 14 Apr 2008 10:52:46 -0400Subject:
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
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