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739 

Federal Aviation Administration, DOT 

§ 91.409 

§ 91.403

General. 

(a) The owner or operator of an air-

craft is primarily responsible for main-
taining that aircraft in an airworthy 
condition, including compliance with 
part 39 of this chapter. 

(b) No person may perform mainte-

nance, preventive maintenance, or al-
terations on an aircraft other than as 
prescribed in this subpart and other ap-
plicable regulations, including part 43 
of this chapter. 

(c) No person may operate an aircraft 

for which a manufacturer’s mainte-
nance manual or instructions for con-
tinued airworthiness has been issued 
that contains an airworthiness limita-
tions section unless the mandatory re-
placement times, inspection intervals, 
and related procedures specified in that 
section or alternative inspection inter-
vals and related procedures set forth in 
an operations specification approved 
by the Administrator under part 121 or 
135 of this chapter or in accordance 
with an inspection program approved 
under § 91.409(e) have been complied 
with. 

(d) A person must not alter an air-

craft based on a supplemental type cer-
tificate unless the owner or operator of 
the aircraft is the holder of the supple-
mental type certificate, or has written 
permission from the holder. 

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as 
amended by Amdt. 91–267, 66 FR 21066, Apr. 
27, 2001; Amdt. 91–293, 71 FR 56005, Sept. 26, 
2006] 

§ 91.405

Maintenance required. 

Each owner or operator of an air-

craft— 

(a) Shall have that aircraft inspected 

as prescribed in subpart E of this part 
and shall between required inspections, 
except as provided in paragraph (c) of 
this section, have discrepancies re-
paired as prescribed in part 43 of this 
chapter; 

(b) Shall ensure that maintenance 

personnel make appropriate entries in 
the aircraft maintenance records indi-
cating the aircraft has been approved 
for return to service; 

(c) Shall have any inoperative instru-

ment or item of equipment, permitted 
to be inoperative by § 91.213(d)(2) of this 
part, repaired, replaced, removed, or 

inspected at the next required inspec-
tion; and 

(d) When listed discrepancies include 

inoperative instruments or equipment, 
shall ensure that a placard has been in-
stalled as required by § 43.11 of this 
chapter. 

§ 91.407

Operation after maintenance, 

preventive maintenance, rebuild-
ing, or alteration. 

(a) No person may operate any air-

craft that has undergone maintenance, 
preventive maintenance, rebuilding, or 
alteration unless— 

(1) It has been approved for return to 

service by a person authorized under 
§ 43.7 of this chapter; and 

(2) The maintenance record entry re-

quired by § 43.9 or § 43.11, as applicable, 
of this chapter has been made. 

(b) No person may carry any person 

(other than crewmembers) in an air-
craft that has been maintained, re-
built, or altered in a manner that may 
have appreciably changed its flight 
characteristics or substantially af-
fected its operation in flight until an 
appropriately rated pilot with at least 
a private pilot certificate flies the air-
craft, makes an operational check of 
the maintenance performed or alter-
ation made, and logs the flight in the 
aircraft records. 

(c) The aircraft does not have to be 

flown as required by paragraph (b) of 
this section if, prior to flight, ground 
tests, inspection, or both show conclu-
sively that the maintenance, preven-
tive maintenance, rebuilding, or alter-
ation has not appreciably changed the 
flight characteristics or substantially 
affected the flight operation of the air-
craft. 

(Approved by the Office of Management and 
Budget under control number 2120–0005) 

§ 91.409

Inspections. 

(a) Except as provided in paragraph 

(c) of this section, no person may oper-
ate an aircraft unless, within the pre-
ceding 12 calendar months, it has had— 

(1) An annual inspection in accord-

ance with part 43 of this chapter and 
has been approved for return to service 
by a person authorized by § 43.7 of this 
chapter; or 

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