LEGAL CORNER By Gregory J. Reigel
The Data Plate Dance A
s most of you probably know, a type-certifi cated aircraft must have an identifi cation or “data” plate issued by the aircraft’s manufacturer secured to the aircraft in order to be airworthy. Ordinarily,
that requirement isn’t an issue for an aircraft owner. But what happens when an aircraft is missing its data plate? Perhaps the aircraft was wrecked, or the owner purchased the aircraft as salvage. This can leave an aircraft owner in a tough spot. The aircraft might be in a condition safe for fl ight, but it isn’t fl ying anywhere without a data plate. What can an aircraft owner (and the maintenance
provider who might be assisting the aircraft owner) do? One option is to contact the aircraft manufacturer and request a replacement data plate. Unfortunately, since product liability exposure is always a concern for manufacturers, they are reluctant to issue a new data plate and expose themselves to potential liability for an aircraft whose condition they have been unable to verify. As a result, that option is seldom successful.
Another option that might tempt an aircraft owner or maintenance provider in this situation would be to simply purchase another wrecked or salvage aircraft that is the same make and model and then use that aircraft’s data plate on the other aircraft missing its data plate. After all, this seems like a logical and reasonable option to get an aircraft that might be in perfectly safe, fl yable condition back in the air — right? Unfortunately, the FAA doesn’t agree and a recent decision by the NTSB affi rmed the FAA’s position that this option is contrary to the regulations.
In Administrator v. Tre Aviation Corporation and Robert E.
Mace, Tre Aviation Corporation (TAC) purchased a Bell 206B (serial number 3570) helicopter that was missing a data plate. Although Mace tried, on behalf of TAC, to obtain a data plate for the aircraft from Bell, that attempt was unsuccessful. Mace decided that TAC would use the helicopter for its parts. Later, Mace, again on behalf of TAC, purchased another Bell 206B (serial number 3282), which was missing an engine and many other parts but did include a data plate. Although TAC purchased 3282 with the intention of repairing it, inspection of the aircraft disclosed that 3282’s fuselage was corroded beyond repair and required replacement. Later, in what would otherwise appear to be a reasonable
way of making the best of the situation, TAC replaced the corroded fuselage and tailboom on 3282 with the fuselage and tailboom from 3570. It also painted the registration number for 3282 on the tailboom of 3570. During the replacement, TAC used only the upper right and left engine cowlings and the particle separator, as well as other “small” parts from 3282. TAC then applied for and received a standard airworthiness certifi cate for the aircraft from an FAA designated airworthiness representative (DAR). With that in hand, Mace, who is an A&P mechanic with inspection authorization, approved the aircraft for return to service. Unfortunately, when Mace was talking with several
FAA inspectors during the course of an inspection, he told several inspectors what he had done. Shortly thereafter, the FAA issued an order revoking the aircraft’s airworthiness
PARTS
11.12 2014
14 There are always two sides to experience.
Experience Is Everything. To You. And To Us.
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