Long Question re Inoperative Equipment

[jandras]

Hi all - My flight school really likes to emphasize that a pilot must look to 91.213(d), and not just 91.205, to determine whether it's legal to take off with inoperative instruments or equipment.

That being said, does FAR 91.205 even apply to an Evektor SportStar?

I may be wrong, but I think the answer is “no” because 91.205(a) explicitly says that it only applies to aircraft with a “standard category” airworthiness certificate, and the SportStar has a “special” light sport certificate.

For more context, 91.205(b) is the source of the so-called “ATOMATOFLAMES” list of required items for daytime VFR, these ones:

Anti-collision lights (aka beacons)
Tachometer
Oil pressure
Manifold pressure
Altimeter
Temperature sensor (liquid-cooled)
Oil temperature (air cooled)
Fuel gauge
Landing gear position
Airspeed indicator
Magnetic compass
ELT
Seat belts

To make this a scenario based question, can I work through 91.213(d) (directing me to 91.205 and elsewhere) to determine that I can legally take off in the SportStar if my beacons are inoperative?

Here we go...

91.213(d)(2)(ii) says I need to make sure that the equipment is NOT indicated as required by the aircraft’s “Kinds of Operation” equipment list. OK. Let’s check that out. in the In the “Kinds of Operation” section of the SportStar’s POH, section 2.12, the equipment required for “Day VFR Flights” does NOT include the beacons – just the following items:

1 - Airspeed indicator
1 - Altimeter
1 - Magnetic compass
1 - Fuel Gauge
1 - Oil temperature indicator
1 - Oil pressure indicator
1 - CHT indicator
1 - Engine speed indicator
1 - Safety harness for every used seat

So, no problem there.

Returning to 91.213(d), 91.213(d)(2)(iii) says I also need to make sure the equipment isn’t required by 91.205 or any other rule relating to the kind of flight operation to be conducted.

If 91.205 does not apply, then 91.205(b)(14)’s requirement for beacons (“anti-collision lights”) also does not apply.

So, going back to 91.213(d) and continuing on, provided that I deactivate the beacons (switch off) and placard the word INOP next to the switch, and provided that I determine that it does not affect the safety of flight (not sure I’d really make that call), it seems that can I LEGALLY takeoff with inoperative beacons?

This, even though the Cessna parked next to me cannot legally do this.

Is this correct? Or, am I missing something?

[drseti]

What you're missing, I believe, is that the same logic by which the minimum equipment list does not apply, also invalidates the procedure of taking inop equipment offline through a placard and logbook entry. That specific procedure applies to aircraft with a Standard Airworthiness Certificate. Since your SportStar (like mine) has a Special (pink) AW Cert instead of a Standard (white) one, the logbook entry and placard do not suffice to keep flying.

For an SLSA, I am under the impression that the procedure for flying with any piece of equipment inoperative is to secure a Letter of Authorization from the manufacturer. If anyone has information to the contrary, please chime in!

[jandras]

What you're missing, I believe, is that the same logic by which the minimum equipment list does not apply, also invalidates the procedure of taking inop equipment offline through a placard and logbook entry. That specific procedure applies to aircraft with a Standard Airworthiness Certificate. Since your SportStar (like mine) has a Special (pink) AW Cert instead of a Standard (white) one, the logbook entry and placard do not suffice to keep flying.

For an SLSA, I am under the impression that the procedure for flying with any piece of equipment inoperative is to secure a Letter of Authorization from the manufacturer. If anyone has information to the contrary, please chime in!

Hi Paul. Thanks. That may be right, but as I read them, the 91.205(b) list is applicable only to aircraft with a standard airworthiness certificate, while the broader 91.213(d) procedure for placarding can be used for any aircraft. This is very confusing to me.

[drseti]

this is very confusing to me.

To me too!

[VL Roberts]

Hi all - My flight school really likes to emphasize that a pilot must look to 91.213(d), and not just 91.205, to determine whether it's legal to take off with inoperative instruments or equipment.

That being said, does FAR 91.205 even apply to an Evektor SportStar?

I may be wrong, but I think the answer is “no” because 91.205(a) explicitly says that it only applies to aircraft with a “standard category” airworthiness certificate, and the SportStar has a “special” light sport certificate.

For more context, 91.205(b) is the source of the so-called “ATOMATOFLAMES” list of required items for daytime VFR, these ones:

Anti-collision lights (aka beacons)
Tachometer
Oil pressure
Manifold pressure
Altimeter
Temperature sensor (liquid-cooled)
Oil temperature (air cooled)
Fuel gauge
Landing gear position
Airspeed indicator
Magnetic compass
ELT
Seat belts

To make this a scenario based question, can I work through 91.213(d) (directing me to 91.205 and elsewhere) to determine that I can legally take off in the SportStar if my beacons are inoperative?

Here we go...

91.213(d)(2)(ii) says I need to make sure that the equipment is NOT indicated as required by the aircraft’s “Kinds of Operation” equipment list. OK. Let’s check that out. in the In the “Kinds of Operation” section of the SportStar’s POH, section 2.12, the equipment required for “Day VFR Flights” does NOT include the beacons – just the following items:

1 - Airspeed indicator
1 - Altimeter
1 - Magnetic compass
1 - Fuel Gauge
1 - Oil temperature indicator
1 - Oil pressure indicator
1 - CHT indicator
1 - Engine speed indicator
1 - Safety harness for every used seat

So, no problem there.

Returning to 91.213(d), 91.213(d)(2)(iii) says I also need to make sure the equipment isn’t required by 91.205 or any other rule relating to the kind of flight operation to be conducted.

If 91.205 does not apply, then 91.205(b)(14)’s requirement for beacons (“anti-collision lights”) also does not apply.

So, going back to 91.213(d) and continuing on, provided that I deactivate the beacons (switch off) and placard the word INOP next to the switch, and provided that I determine that it does not affect the safety of flight (not sure I’d really make that call), it seems that can I LEGALLY takeoff with inoperative beacons?

This, even though the Cessna parked next to me cannot legally do this.

Is this correct? Or, am I missing something?

My understanding is that you have to be in compliance with the operating limitations of your (LSA) aircraft. So, if your limitations for Day VFR do not require beacons then you would be legal .

[jandras]

My understanding is that you have to be in compliance with the operating limitations of your (LSA) aircraft. So, if your limitations for Day VFR do not require beacons then you would be legal .

Thanks for your thoughts.

By the way, I just realized that even if you're (we're!) correct that 91.205 doesn't apply, it would still be illegal to take off without beacons even though beacons aren't required equipment for Day VFR in the POH.

This is true, I think, because 91.213(d)(2)(iii) requires us to look at 91.205 and also to "any other rule of this part for the specific kind of flight operation being conducted." I think that this means we also have to look at 91.207 (ELT), 91.209 (lights), 91.211 (oxygen), and perhaps others.

And, 91.209 says that any aircraft that is equipped with anti-collision lights cannot be operated unless they are lighted. So, even though the beacons aren't listed in the SportStart POH for Day VFR, it's illegal to depart with them inoperative and unlighted, ... I think.

[FlyingForFun]

Delete

[jandras]

"(b) Operate an aircraft that is equipped with an anticollision light system, unless it has lighted anticollision lights. However, the anticollision lights need not be lighted when the pilot-in-command determines that, because of operating conditions, it would be in the interest of safety to turn the lights off."

Sounds like you need them.

Thanks. I totally agree.

My main question is whether or not 91.205 is irrelevant to the SportStar because it has a "special" airworthiness certificate and 91.205 only applies to aircraft with a standard airworthiness certificate?

I think the answer is yes, 91.205 is inapplicable to the SportStar, but given other rules like 91.209, it may not matter much.

[FlyingForFun]

Delete

[VL Roberts]

My understanding is that you have to be in compliance with the operating limitations of your (LSA) aircraft. So, if your limitations for Day VFR do not require beacons then you would be legal .

Thanks for your thoughts.

By the way, I just realized that even if you're (we're!) correct that 91.205 doesn't apply, it would still be illegal to take off without beacons even though beacons aren't required equipment for Day VFR in the POH.

This is true, I think, because 91.213(d)(2)(iii) requires us to look at 91.205 and also to "any other rule of this part for the specific kind of flight operation being conducted." I think that this means we also have to look at 91.207 (ELT), 91.209 (lights), 91.211 (oxygen), and perhaps others.

And, 91.209 says that any aircraft that is equipped with anti-collision lights cannot be operated unless they are lighted. So, even though the beacons aren't listed in the SportStart POH for Day VFR, it's illegal to depart with them inoperative and unlighted, ... I think.

I think you are right about that. I didn't think about it in terms of other requirements. The Skycatcher POH limitations section requires the strobes be operational for Day VFR but you say Evektor, for whatever reason, chose not to make the beacons mandatory.