Avionics News September 2014 - 18

INTERNATIONAL NEWS
Continued from page 17

FREQUENTLY ASKED QUESTIONS
United States
Post maintenance operational checks
in accordance with § 91.407 (b).
The following information is from a Federal
Aviation Administration legal interpretation
dated July 9, 2014.

QUESTION:

Does a flight conducted in accordance with
§ 91.407 (b) require a commercial certificate in
accordance with § 61.113 since the mechanic is
being "compensated" for his duties?

ANSWER:
No, the mechanic does not have to hold a commercial certificate. This is an important legal
interpretation because the post-installation flight
checks performed by repair stations are accomplished to satisfy § 91.407.
The operational checks are required because of
§ 91.407 (b).
§ 91.407 (b) No person may carry any person (other than crewmembers) in an aircraft
that has been maintained, rebuilt or altered
in a manner that may have appreciably
changed its flight characteristics or substantially affected its operation in flight until an
appropriately rated pilot with at least a private pilot certificate flies the aircraft, makes
an operational check of the maintenance performed or alteration made, and logs the flight
in the aircraft records.
The privileges of a private pilot's certificate is
covered in § 61.113.
§ 61.113 (a) Except as provided in paragraphs (b) through (h) of this section, no
person who holds a private pilot certificate
may act as pilot in command of an aircraft

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that is carrying passengers or property for
compensation or hire; nor may that person,
for compensation or hire, act as pilot in command of an aircraft.
As discussed in the legal interpretation:
The scenario you present is a mechanic who,
as part of his duties, conducts flight tests after
performing maintenance on the aircraft, and does
not carry passengers or property for compensation or hire.
The mechanic holds a private pilot certificate
with a valid third-class medical certificate. This
situation is covered under § 61.113(b), which
states that, "(a) private pilot may, for compensation or hire, act as pilot in command of an aircraft
in connection with any business or employment
if (1) the flight is only incidental to that business
or employment and (2) the aircraft does not carry
passengers or property for compensation or hire."
As these flight tests are incidental to his employment as a mechanic, the mechanic is not in violation of § 61.113 when conducting these flight tests.
The regulations that allow for a private pilot
to fly an operational check without a commercial
certificate is contained in § 61.113 (b).
§ 61.113 (b) A private pilot may, for compensation or hire, act as pilot in command of an
aircraft in connection with any business or
employment if:
1. The flight is only incidental to that
business or employment.
2. The aircraft does not carry passengers
or property for compensation or hire.

Note: The AEA offers "Frequently Asked Questions" to foster greater
understanding of the aviation regulations and the rules governing the
industry. The AEA strives to ensure FAQs are as accurate as possible at
the time of publication; however, rules change. Therefore information
received from an AEA FAQ should be verified before being relied upon.
This information is not meant to serve as legal advice. If you have particular legal questions, they should be directed to an attorney. The AEA
disclaims any warranty for the accuracy of the information provided.
Avionics News September 2014

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