LEGAL CORNER
performed (e.g., the original departure airport). When the aircraft returns, an annual or 100-hour inspection will be required before the aircraft may be used for flight instruc- tion, and the next inspection after that must be per- formed before the next 99.9 hours of time in service in order to continue to use the aircraft for flight instruction.
EXAMPLE FOUR An FBO or flight school owns an aircraft that has accu- mulated 100 hours since its last inspection. Although the aircraft is used for flight instruction, an inspection cannot be performed within the next week. As a result, the air- craft’s schedule is marked “for rental use only.” During the next week the aircraft is rented to customers, without a flight instructor, who accumulate a total of 15 hours of flight time. Additionally, no flight instruction is performed with the aircraft during the week.
Similar to example one, this situation does not violate Section 91.409(b). The 100-hour inspection requirement does not apply to aircraft operated for rental purposes and the FBO or flight school is free to rent the aircraft to customers as long as it is not providing a flight instruc- tor or pilot and the customer is not oper- ating the aircraft for hire. However, before the aircraft is again used for flight instruc- tion, an annual or 100-hour inspection must be performed and the next inspec- tion after that must be performed before the next 85 hours of time in service in order to continue to use the aircraft for flight instruction. As you can see, in order to apply Section 91.409(b)’s 100-hour inspection limita- tion it is important to not only look at the purpose of a flight, but also the intention of the operator in conducting the flight. Further, as is the case with all areas of reg- ulatory compliance, it is critical that you have documentation or other evidence to be able to prove the purpose and intention for the flight. Aircraft schedules and rental agreements should include the purpose of the flight (e.g., rental or flight instruction) as well as the intentions for the flight (e.g., local, cross country, etc.). With an under- standing of Section 91.409(b)’s limitations and documentation in hand, you will be able prove that you performed your 100- hour inspections properly in compliance with the regulations.
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. © 2015 All rights reserved.
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