(a) Except as provided in paragraph (d) of this section, no person may operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the country of registry.
Am I missing something, or is the news still bad?
There was a recent FAA ruling which seems to contridict that paragraph, the details were in the AVWEB news which limits the manufactures ability to unilaterally (without FAA participation) impose requirements on owners. Although this applies specifically to service bulletins it seems to at least the “or as otherwise prescribed” section of the rule you quoted.
The FAA On “Mandatory” Service Bulletins
The FAA’s Director of Regulatory and Certification Policy has sent a letter to AOPA stating that “small airplane design approval holders cannot unilaterally impose mandatory compliance with Manufacturer’s Service Bulletins.” The letter is an effort to clear up any confusion about just who is the final authority when it comes to the “mandatory” compliance designation stamped on some Service Bulletins (SB). Toward that end, the letter specifically points out that a manufacturer can only issue a statement that bulletin compliance is mandatory if it is FAA-approved and included in the Airworthiness Limitations Section of the Instructions for Continued Airworthiness (ICA). AOPA sides with the FAA regarding the legal tone of some manufacturer’s Service Bulletins and the letter reiterates the FAA’s position that it is the final authority on Service Bulletins to small aircraft and further clarified the fact that manufacturers cannot “mandate” compliance without the involvement of the FAA.
Under part 91 pilots are not required to follow the POH.
Bob,
I hate the volume and complexity of the FARs as much as anyone I know (maybe more), but this didn’t sound right to me, so I looked it up.
*§ 91.9 Civil aircraft flight manual,
marking, and placard requirements.
(a) Except as provided in paragraph (d) of this section, no person may operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the country of registry.*
Paragraph (d) has to do with helicopter operations.
Am I missing something, or is the news still bad?
Mike.
I think the FAA ruling that Art discusses (below) is significant for a/c owners as it clarifies the force and effect of service bulletins. But there is a difference with the oxygen issue, since as I understand it, the oxygen requirements are found in a supplement to the POH. The POH actually is issued with FAA involvement, not unilaterally like the SBs by the manufacturers. I was under the impression that all supplements to the POH were also issued with the same authority.
I don’t know what the answer is but I think it is a big issue. I also think this is a good example why we should eventually have a Cirrus Owners Society. The Society could obtain one authoritative legal opinion for all of us.
I don’t know what the answer is but I think it is a big issue. I also think this is a good example why we should eventually have a Cirrus Owners Society. The Society could obtain one authoritative legal opinion for all of us.
Would the AOPA legal plan pay for an attorney’s opinion on this, if a member asked? And/or, would another attorney be required to determine if the AOPA plan would pay for the answer to this question?
I really hate to throw water on the fires of defiance but … check the Foreword at the beginning of the Cirrus Design SR22 POH and you will find that it says “All limitations, procedures, maintenance & servicing requirements, and performance data contained in this Handbook are mandatory for compliance with FAA operating rules and for continued airworthiness of the airplane”. You will find Oxygen Systems described in the limitation section of the POH. When using oxygen at altitudes where operating rules do not require it, I would think it would be a good idea to just comply with the POH anyway … then you’re in compliance and aren’t creating a potential liability for yourself.