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certificate. TAC appealed the FAA’s order and, after a hearing, an NTSB administrative law judge (ALJ) affirmed the FAA’s order. The ALJ found that TAC’s apparent removal of the data plate from 3282 and installation on 3570 resulted in the aircraft being improperly identified and thus lacking qualification to hold a standard airworthiness certificate. TAC then appealed the ALJ’s decision to the full NTSB.
On appeal, TAC argued, among other The ability to move a wide range of
aircraft types becomes an ease with Mototok. Depending on the nose wheel size and the gross weight of the aircraft, you can choose one of
4 Mototok models. Regardless the size of the aircraft – Mototok excels in narrow situations: Park your aircraft safely, easily and effectively and save space in the process.
We offer units that work with the following weights: Model
Towing capacity
61,700lbs
528 28 t
M
TWIN 6500
110,200lbs 209,400lbs 429,900lbs 50 t 95 t 195 t
SPACER 8600
SPACER 195
things, that it had simply repaired the aircraft and that replacement of the 3282 fuselage was simply replacement of a component rather than switching the aircraft. In response, the Board initially cited 14 C.F.R. § 45.13(e) that states, “[n]o person may install an identification plate removed in accordance with paragraph (d)(2) of this section on any aircraft, aircraft engine, propeller, propeller blade, or propeller hub other than the one from which it was removed.” Consistent with this regulation, it also noted the importance of having an accurate data plate in light of airframe times and airworthiness directive compliance. Turning to the specific facts of the
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case, the Board rejected TAC’s argument that it had simply “repaired” the 3282 aircraft. Rather, the Board determined the resulting aircraft was really the 3570 aircraft with the addition of a few parts, the registration number and data plate from the 3282 aircraft. As a result, the Board found that Section 45.13(e) specifically prohibited the replacement of the data plate in that situation. The Board also rejected TAC’s argument that the “fuselage” was merely a component, rather than the “aircraft” itself. It observed that “[a] fuselage is a substantial aspect of any rotorcraft” and under the language of Section 45.13(e) “the absence of the terms ‘fuselage’ and ‘airframe’ indicates a data plate’s installation on an airframe or fuselage or any other component designed to exist permanently on an aircraft is the same as the data plate’s installation on an aircraft.”
The Board then confirmed that Section 45.13(e) precludes replacing virtually all parts and components of a wrecked aircraft and then attaching that aircraft’s data plate to the assembled of replacement parts and components. Based upon the record, the Board determined that is what TAC had done and it affirmed the ALJ’s finding that TAC had violated Section 45.13(e). This is a tough situation for an aircraft
owner to be in. It can also be difficult for the maintenance provider assisting the aircraft owner and trying to get the aircraft back in the air. As with most cases, whether an aircraft is simply being repaired, or whether it is being completely rebuilt with replacement parts and components, will be decided based upon the unique facts of each particular situation. If an aircraft owner in that situation suggests or requests a remedy that involves removal or installation of a data plate, maintenance providers should be wary. In this case, the FAA was only taking action to revoke the aircraft’s airworthiness certificate. However, the FAA will often also pursue action against the mechanic who worked on the aircraft or returned it to service. If you are asked to replace or install an aircraft data plate, make sure you understand the regulations and the risks before you agree to participate in the data plate dance.
Greg Reigel is an aviation attorney, author and pilot. He holds a commercial pilot certificate with an instrument rating and can fly single-engine land and sea, as well as
multi-engine land aircraft. His practice concentrates on aviation litigation, including insurance matters and creditor’s rights, FAA certificate actions and transactional matters. He represents clients throughout the country on aviation law matters. He also an adjunct professor at Minnesota State University - Mankato where he teaches aviation law and at William Mitchell College of Law where he is an instructor in the advocacy course. He can be reached via e-mail at
greigel@aerolegalservices.com.
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