91.413 and 91.411 Questions

[rleffler]

To all the IAs, APs, DARs, etc,

In both 91.413 and 91.411 (pitot/static and transponder testing) it states that the manufacturer of the aircraft may make these tests if the appropriate calibrated test equipment is used.

I've not heard of anyone with a Repairman's Certificate performing these tests. It appears that we are authorized by the FAR as manufacturer of the aircraft.

So other than the cost of the appropriate hardware, why aren't folks performing these tests? Am I missing something in the FARs?

thanks,

bob

[Mel]

Originally Posted by rleffler

To all the IAs, APs, DARs, etc,
In both 91.413 and 91.411 (pitot/static and transponder testing) it states that the manufacturer of the aircraft may make these tests if the appropriate calibrated test equipment is used.
I've not heard of anyone with a Repairman's Certificate performing these tests. It appears that we are authorized by the FAR as manufacturer of the aircraft.
So other than the cost of the appropriate hardware, why aren't folks performing these tests? Am I missing something in the FARs?
thanks,
bob

Because in the context of 91.413 and 91.411 we are NOT considered to be the aircraft manufacturer.
Walt will be along soon to explain further.

[Walt]

This question comes up at least once a year, below is the answer which I copied from the FAQ section of my website (which also has other common questions/misconceptions):

"The FAR?s authorize the "manufacturer" of the aircraft to conduct the tests However, the builder of an amateur-built aircraft does not meet the FAA?s definition of a manufacturer. The FAA, in Order 8130.2, defines a manufacturer as a Production Approval Holder (PAH). Some examples of a PAH would be the holder of a Production Certificate (PC), a Parts Manufacturing Authority (PMA), and Technical Standards Order Authorization (TSOA). An amateur builder does not fit this definition. Thus, the amateur-builder cannot perform the transponder and pitot/static tests on his/her homebuilt."

[Piper J3]

Slightly different question... Does the transponder certification for VFR (91.413) require static system test or is it only transponder / encoder that gets certified?

In other words, if static system has small leak does that impair the VFR certification process?

[Walt]

Originally Posted by Piper J3

Slightly different question... Does the transponder certification for VFR (91.413) require static system test or is it only transponder / encoder that gets certified?

In other words, if static system has small leak does that impair the VFR certification process?

No static system tests are required for the 'VFR' transponder check:

What inspections are required for VFR operations?

"The aircraft transponder must be certified every 24 months in accordance with the requirements of CFR. 91.413. Transponder testing is accomplished in accordance with Part 43 Appendix F.
Note: For new certifications or if the encoder or altimeter has been replaced, a Data Correspondence Check must be accomplished to ensure the altitude data transmitted to ATC corresponds to within 125 feet of the altimeter normally used to maintain flight altitude per CFR 91.217. "

[rleffler]

Thanks Walt!

bob

[BobTurner]

I think if one were so inclined, you could argue with the FAA. FAA orders are their interpretation of the law, not the law itself. However, it's academic. The cost of required, frequent re-certifications of the equipment makes this a non-starter for the typical owner.

[Mel]

Originally Posted by BobTurner

I think if one were so inclined, you could argue with the FAA. FAA orders are their interpretation of the law, not the law itself. However, it's academic. The cost of required, frequent re-certifications of the equipment makes this a non-starter for the typical owner.

You could certainly argue, but you would not win. It's not a law, it's a rule.
It's their rule and they get to interpret it. And they have.