Annual Inspection Denied

[Frank Brunot]

[Alan Cheak]

[Kristin Winter]

[Chic Ritzheimer]

[Kristin Winter]

[Paul Williamson]

[tomburke1]

[steen]

[Frank Brunot]

Here is the link to the FAA's legal opinion on the word "current" with regard to maintenance and operating procedures.

I would interpret this to mean that the manuals posted at ICS are "current" and satisfy the requirement for maintenance and inspections.

Thanks to Craig Brown at AOPA for digging this out. (Note: I still haven't heard back from the FAA with regards to this question)


http://www.faa.gov/about/office_org/hea ... enance.pdf

[Kristin Winter]

Whether the manuals posted on the ICS site are "current" depends on when it was published. If it was the current manual or newer than the date of certification of your aircraft, then it would be legal to use that manual. Most of the ones that I have seen date from 1972 or newer, meaning that they are current for all Comanches.

[Jay]

My attitude has always been that if my IA can't afford the proper manuals to work on my airplane, then I can't afford to have him (or her) touch it.

Jay

[pa24av8r]

[Kristin Winter]

Brian,

I think that the same rationale for the ruling with respect to inspection program holds for the interpretation of the term "current" in the regulation. If current means the latest version, they the manufacturers get to mandate the expenditure of funds and compliance with new procedures without any kind of administrative procedure. That same rationale prevents the manufacturers from making a service bulletin truly mandatory. If the manufacturer could just amend the service manual to include the information in the service bulletin, then those service bulletins would become de facto mandatory.

That is my best interpretation, and I am unswayed by the opinion of an FAA mechanic writing in a journal. However, I will concede that there are likely a lot of FAA inspectors who think that current means the latest version.

Of course, I am a lawyer so I can argue both sides. But better yet, I can defend myself from the fed. I have a 2000 edition of the PA-30 service manual and all the AD's and Service Bulletins. I believe I am in compliance and the FAA is going to have to spend a lot of the taxpayers money if they want to make me a test case.

[pa24av8r]

Kristen

I too can argue both sides because I agree with you and I am not a lawyer. I am not going to use a superseded manual until I have a letter of interpretation of FAR 43.13(a) on the definition of “current” for that paragraph. If the FAA will write a letter for paragraph 91.409(f)(3), certainly they can write a letter for FAR paragraph 43.13(a), right?

My only point of all this is the average A&P and aircraft owner must proceed with caution if they are going to use superseded manufactures data.

Going back to the original subject of this thread, there is no reason the A&P cannot use the maintenance manuals that the owner procures or borrows. The Avantext subscription is not required by the FAA, it is just nice to have.