Aircraft_Maintenance_Technology_January-February_2020 - 43
FAA regulations specify that owners and operators both
have "primary responsibility" for maintaining airworthiness,
and pilots in command have the duty to assure the
aircraft is, in fact, airworthy before each flight.
ID 115809097 © TZOGIA KAPPATOU | DREAMSTIME.COM
maintaining the airworthiness of aircraft, including ensuring required maintenance is performed. While an airline may
make arrangements with another person for the performance
of any maintenance, preventive maintenance or alterations, it
does not relieve the airline of its responsibility (§ 121.363(b); §
135.413(b) is similar).
Interestingly, among all the professionals who touch aircraft,
mechanics and repair stations do not have primary responsibility
for airworthiness of the aircraft under the regulations. While
maintenance providers have plenty of related responsibilities -
see §§ 43.13 and 145.205, for example - the regulations do not
place "primary responsibility" on the shoulders of mechanics
and repair stations.
FAA regulations specify that owners and operators both
have "primary responsibility" for maintaining airworthiness,
and pilots in command have the duty to assure the aircraft is, in
fact, airworthy before each flight. In common law, this would be
called "joint and several liability," meaning that, if several people
are caught napping, they all share in the liability, sometimes
equally, sometimes in proportion to their fault. But if only one
person gets caught, that person bears the entire liability. The
term "joint and several liability" is not used in aviation regulatory law, but the concept is the same.
For example, § 121.363, which makes the airline "primarily
responsible" for airworthiness, does not relieve pilots in command of their individual responsibility under § 91.7. In a 2010
NTSB case, the FAA "ordered a suspension of respondents' airline
transport pilot (ATP) certificates for a period of 180 days each"
for violation of section § 91.7(b) and other regulations following
a maintenance acceptance flight during which wing spoilers
were seen to be "floating," which is not a good thing. The pilots
had allegedly failed to heed before taking off, a warning on the
airline aircraft's Electronic Centralized Monitor (ECAM) that
a spoiler servo-jack had failed. The FAA's case collapsed when
they failed to prove that the ECAM had correctly indicated the
problem, not because the airline's regulatory responsibility for
airworthiness relieved the pilots of theirs, nor because a maintenance provider had failed to repair or install the servo-jack
correctly.
So, as owners or operators or pilots in command, the burden
is on us to know when our aircraft is airworthy. How can we
tell? Does the aircraft have to be perfect? Does our knowledge
of it have to be perfect?
We'll look at that next time.
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Aircraft_Maintenance_Technology_January-February_2020
Table of Contents for the Digital Edition of Aircraft_Maintenance_Technology_January-February_2020
Editor's Viewpoint
Industry Inspection
Should Operators Still Outsource?
All Lit Up
Supplying the A&P Demand
All Booked Up
Aviation Education Demands Better
Positively Charged
ARSA Insight
Professionalism
Securing a Skilled Workforce Amid Labor-Related Headwinds
Advertiser's Index
Editor's Takeoff
Aircraft_Maintenance_Technology_January-February_2020 - 1
Aircraft_Maintenance_Technology_January-February_2020 - 2
Aircraft_Maintenance_Technology_January-February_2020 - 3
Aircraft_Maintenance_Technology_January-February_2020 - Editor's Viewpoint
Aircraft_Maintenance_Technology_January-February_2020 - 5
Aircraft_Maintenance_Technology_January-February_2020 - Industry Inspection
Aircraft_Maintenance_Technology_January-February_2020 - 7
Aircraft_Maintenance_Technology_January-February_2020 - 8
Aircraft_Maintenance_Technology_January-February_2020 - 9
Aircraft_Maintenance_Technology_January-February_2020 - Should Operators Still Outsource?
Aircraft_Maintenance_Technology_January-February_2020 - 11
Aircraft_Maintenance_Technology_January-February_2020 - 12
Aircraft_Maintenance_Technology_January-February_2020 - 13
Aircraft_Maintenance_Technology_January-February_2020 - 14
Aircraft_Maintenance_Technology_January-February_2020 - 15
Aircraft_Maintenance_Technology_January-February_2020 - All Lit Up
Aircraft_Maintenance_Technology_January-February_2020 - 17
Aircraft_Maintenance_Technology_January-February_2020 - 18
Aircraft_Maintenance_Technology_January-February_2020 - 19
Aircraft_Maintenance_Technology_January-February_2020 - 20
Aircraft_Maintenance_Technology_January-February_2020 - 21
Aircraft_Maintenance_Technology_January-February_2020 - Supplying the A&P Demand
Aircraft_Maintenance_Technology_January-February_2020 - 23
Aircraft_Maintenance_Technology_January-February_2020 - 24
Aircraft_Maintenance_Technology_January-February_2020 - 25
Aircraft_Maintenance_Technology_January-February_2020 - 26
Aircraft_Maintenance_Technology_January-February_2020 - 27
Aircraft_Maintenance_Technology_January-February_2020 - All Booked Up
Aircraft_Maintenance_Technology_January-February_2020 - 29
Aircraft_Maintenance_Technology_January-February_2020 - 30
Aircraft_Maintenance_Technology_January-February_2020 - 31
Aircraft_Maintenance_Technology_January-February_2020 - 32
Aircraft_Maintenance_Technology_January-February_2020 - 33
Aircraft_Maintenance_Technology_January-February_2020 - Aviation Education Demands Better
Aircraft_Maintenance_Technology_January-February_2020 - 35
Aircraft_Maintenance_Technology_January-February_2020 - Positively Charged
Aircraft_Maintenance_Technology_January-February_2020 - 37
Aircraft_Maintenance_Technology_January-February_2020 - 38
Aircraft_Maintenance_Technology_January-February_2020 - 39
Aircraft_Maintenance_Technology_January-February_2020 - 40
Aircraft_Maintenance_Technology_January-February_2020 - 41
Aircraft_Maintenance_Technology_January-February_2020 - ARSA Insight
Aircraft_Maintenance_Technology_January-February_2020 - 43
Aircraft_Maintenance_Technology_January-February_2020 - Professionalism
Aircraft_Maintenance_Technology_January-February_2020 - 45
Aircraft_Maintenance_Technology_January-February_2020 - Securing a Skilled Workforce Amid Labor-Related Headwinds
Aircraft_Maintenance_Technology_January-February_2020 - 47
Aircraft_Maintenance_Technology_January-February_2020 - 48
Aircraft_Maintenance_Technology_January-February_2020 - Advertiser's Index
Aircraft_Maintenance_Technology_January-February_2020 - Editor's Takeoff
Aircraft_Maintenance_Technology_January-February_2020 - 51
Aircraft_Maintenance_Technology_January-February_2020 - 52
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