Is It Airworthy?

The question comes up time and again in the FBOs pilot lounge and on aviation-related forums: Does a known fault make an airplane unairworthy? Time and again when faced with this question, I hear the response, "TOMATO FLAMES" for an aircraft in VFR-day conditions, a mnemonic referring to the items required under FAR 91.205 for day VFR. This is part of the answer, but it is neither the beginning nor the end of determining the airworthiness of an aircraft with a known fault. Instead of a simple, "one-size-fits-all" answer, exploring existing regulations, legal decisions and legal interpretations should guide a pilot or owner in determining whether or not an aircraft with known faults is airworthy. First, lets define "airworthy." Somewhat surprisingly, "airworthy" isnt defined by the FAA, at least not in FAR Part 1, Definitions and Abbreviations. In 1994, Congress took it upon itself to describe an "airworthiness certificate" as something the FAA Administrator shall issue when he or she "finds that the aircraft conforms to its type certificate and, after inspection, is in condition for safe operation." Very little additional guidance is available from the 350-plus pages of FAA Advisory Circular AC 8130.2F, Airworthiness Certification of Aircraft and Related Products. When attempting to define "airworthy," the AC basically reaffirms what Congress said.

Key Takeaways:

• Determining an aircraft's airworthiness with a known fault is a complex process extending far beyond simple mnemonics like "TOMATO FLAMES."
• Airworthiness implies conforming to the aircraft's type certificate, being in a condition for safe operation, and having all maintenance performed per FAR Parts 21, 43, and 91.
• For aircraft without an FAA-approved Minimum Equipment List (MEL), pilots must follow FAR 91.213(d), checking if the inoperative equipment is required by the original type certification, the Pilot Operating Handbook's equipment and limitations lists, FAR 91.205, or any applicable Airworthiness Directives.
• If an item is not required, it must be removed or deactivated and placarded "inoperative" (with appropriate maintenance recording), and an appropriately rated pilot or mechanic must make a final determination that it poses no hazard to flight.

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