Title 14 - Aeronautics and Space
Volume: 1Date: 2024-01-01Original Date: 2024-01-01Title: Section 3.5 - Statements about products, parts, appliances and materials.Context:
Title 14 - Aeronautics and Space. CHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION. SUBCHAPTER A - DEFINITIONS AND GENERAL REQUIREMENTS. PART 3 - GENERAL REQUIREMENTS. Subpart A - General Requirements Concerning Type Certificated Products or Products, Parts, Appliances, or Materials That May Be Used on Type-Certificated Products.
§ 3.5
Statements about products, parts, appliances and materials.
(a)
Definitions.
The following terms will have the stated meanings when used in this section:
Airworthy
means the aircraft conforms to its type design and is in a condition for safe operation.
Product
means an aircraft, aircraft engine, or aircraft propeller.
Record
means any writing, drawing, map, recording, tape, film, photograph or other documentary material by which information is preserved or conveyed in any format, including, but not limited to, paper, microfilm, identification plates, stamped marks, bar codes or electronic format, and can either be separate from, attached to or inscribed on any product, part, appliance or material.
(b)
Prohibition against fraudulent and intentionally false statements.
When conveying information related to an advertisement or sales transaction, no person may make or cause to be made:
(1) Any fraudulent or intentionally false statement in any record about the airworthiness of a type-certificated product, or the acceptability of any product, part, appliance, or material for installation on a type-certificated product.
(2) Any fraudulent or intentionally false reproduction or alteration of any record about the airworthiness of any type-certificated product, or the acceptability of any product, part, appliance, or material for installation on a type-certificated product.
(c)
Prohibition against intentionally misleading statements.
(1) When conveying information related to an advertisement or sales transaction, no person may make, or cause to be made, a material representation that a type-certificated product is airworthy, or that a product, part, appliance, or material is acceptable for installation on a type-certificated product in any record if that representation is likely to mislead a consumer acting reasonably under the circumstances.
(2) When conveying information related to an advertisement or sales transaction, no person may make, or cause to be made, through the omission of material information, a representation that a type-certificated product is airworthy, or that a product, part, appliance, or material is acceptable for installation on a type-certificated product in any record if that representation is likely to mislead a consumer acting reasonably under the circumstances.
(d) The provisions of § 3.5(b) and § 3.5(c) shall not apply if a person can show that the product is airworthy or that the product, part, appliance or material is acceptable for installation on a type-certificated product.