Quiz question?

Question

Can a private pilot perform preventive maintenance on his airplane

if......

1.Medical is expired.

2.no Flight Review in 3+ years, or in any way current to exercise the privileges of his Pilots certificate.

Answer 1

Of course. No medical needed for a glider anyway.

Answer 2

If you own the machine, yes, as provided by FARs.

Answer 3

Yes.

Answer 4

Yes...

Answer 5

43.3(g) - "...the holder of a pilot certificate issued under part 61 may perform preventive maintenance on any aircraft owned or operated by that pilot which is not used under part 121, 129, or 135 of this chapter."

This neither permits nor forbids the certificate holder from doing preventative maintenance without a medical.

61.3(c)(1) - "Except as provided for in paragraph (c)(2) of this section, a person may not act as pilot in command or in any other capacity as a required pilot flight crewmember of an aircraft, under a certificate issued to that person under this part, unless that person has a current and appropriate medical certificate that has been issued under part 67 of this chapter..."

This section also neither permits nor forbids preventative maintenance without a medical.

61.23 (b) lists operations that do not require a medical. Preventative maintenance is not listed as an operation that does NOT require a medical, whereas John B's example of being a glider pilot is specifically mentioned as not requiring a medical.

61.23(a) - "Except as provided in paragraphs (b) and (c) of this section, a person - (3) Must hold at least a third-class medical certificate - (i) When exercising the privileges of a private pilot certificate"

Preventative maintenance is not listed under (b) or (c), so that would imply it is a privilege that requires a medical certificate.

You might argue that preventative maintenance is not a "privilege", as listed under 61.113. However, 61.113 only enumerates privileges and limitations related to acting as a pilot in command. It does not necessarily state that there are no other "privileges" related to that certificate. Besides, if preventative maintenance is not a "privilege", what is it then, since a certificate is required to perform such work?

As coffeebuzz pointed out, according to 61.56 and 61.57, a flight review and recent experience are only required to act as pilot in command or carry passengers, etc. They are not required to perform preventative maintenance.

I would say that the pilot cannot perform the preventative maintenance based on those regulations.

Thanks coffeebuzz! This is a tough question and I think you could almost go either way on it. This seems like one of those cases where if it is not forbidden, is it permitted? or if it is not permitted, is it forbidden? Great question.

Answer 6

"Except for holders of a sport pilot certificate, the holder of a pilot certificate issued under part 61 may perform preventive maintenance on any aircraft owned or operated by that pilot which is not used under part 121, 129, or 135 of this chapter."

Yes, have to be owner or operator... Aviophage is correct

Answer 7

I think this could be argued either way by a good lawyer.. but i think the common sense would play into this.

The reason that i belive the FAA requires a certifact to perform preventive mx, is that they dont want anyone that does not know anything about aircraft systems to do anything that could affect the safety of flight.

Since the pilot in the question has successfully demonstrated his knowlege to the Private PTS standards,  he has an understanding of a/c systems and could perform the mx, just not be legal then to go fly.

However, if this came up in a law suit because the mx lead to a crash and killed/injured someone, then it would be a totally different thing, and then the FAA would specify, as most FARs are created after the fact..

Answer 8

yes if he is the owner of the plane. as in FAR as the lady says.

Answer 9

Depends on the plane.

Answer 10

Where do you come up with these questions?  They're great - they require some creative regulation interpretation!

I'd say YES within the scope of 43.3 (owner of the airplane, plane not used in Part 121, 129, or 135 operations).

According to 61.56, a flight review is a requirement for acting as pilot in command.  Preventive maintenance is not acting as pilot in command.

The medical certificate issue is a little more debatable.  Is preventive maintenance considered exercising the privileges of a pilot certificate?  That isn't listed specifically as a privilege or limitation under Part 61.  And a sport pilot, who is allowed to exercise the privileges of a sport pilot certificate without a medical, is allowed to perform preventive maintenance on an airplane issued a special airworthiness certificate in the light-sport category.

My interpretation is that since a private pilot is allowed to perform preventive maintenance under Part 43 and it's not considered a privilege under Part 61, there are no recency of experience, flight review, or medical requirements tied to it.  All it states is that the person needs to hold at least a private pilot certificate, which doesn't expire.  I could not find anything in the regulations that state anything contrary to this.

EDIT:  Apollo, nice answer!  You summed up the other direction that I was leaning to before settling on the answer I gave... I'm just waiting for Cherokee to point out some obscure AC to clarify this!