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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