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Request for Clarification of Legal Interpretation of Current Maintenance Program 14 C.F.R. & 91.409(f)(3)

Posted by AskBob on 05.24.10 at 09:02 AM

On May 3 the FAA Office of the Chief Counsel issued a Legal Interpretation to address questions raised by the earlier legal interpretation on the definition of "Current" as it deals with aircraft maintenance programs. You will find the earlier Legal Interp here.

Some of the key points of this Legal Interpretation are:

  • The new owner would have to select the most current program at the time of purchase. The new owner may not use the program that had been selected by the previous owner.
  • "an operator need only adopt a manufacturer's inspection program that is 'current' as of the time he adopts it, .... " cannot be read to mean that the program an owner or operator adopts
    could be the program that existed at the time the aircraft was manufactured.

The Legal Interpretation is attached


FAA Legal Int.pdf169.51 KB
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Quality Police (not verified) on Fri, 08/06/2010 - 05:07

There seems to still be some discussion regarding this topic, this interpretation is still not clear ! It seems to say that an owner/operator can elect not to complete inspections (e.g. structural inspections) which were added to the maintenance manual after purchase date of the aircraft ! This would mean that when amendments are added by the manufacturer, these need not be complied with until a change of ownweship or mandated by the FAA. Important structural inspections may never be completed ! How would a Repair Station release an aircraft in such a case as we work with current data as required by 145.109(d) and perform maintenance in accordance with practices prescribed in the current manufacturer's maintenance manual as required by 43.13 ?