Airworthiness
Hey guys,
New to civilian flying a want to ensure I am not mistaken -
In part 91 operations can the PIC make an airworthiness decision on an aircraft that does not have an MEL and is not in compliance with the kinds of equipment list (KOEL) published in the POH? ex. I Feel confident that I can safely mitigate flying with only one of two fuel gauges operative in my King Air using the other fuel gauge, digital fuel flow for the inop gauge engine, visual and other available onboard sensors to ensure no fuel leaks, functional quantity annunciators, and cross feed capibility.
But the KOEL requires two fuel gauges for all operations (even though other King Air variants require only one of two operative fuel gauges). I ask because downing an aircraft for a few days For repairs effects my company's bottom line and ultimately my employment and I want to be clear on what decisions I do and don't have authority to make with respect to the airworthiness of the aircraft.
My understanding of 14 CFR 91.205/213 is that the FAA and manufacturer have already made the decision for the AMP and PIC when they published the KOEL. I don't believe that a type rating gives the PIC authority to take that aircraft flying, even if the AMP released the aircraft (which I don't believe he has the authority to do either). The AMP's and PIC's personal assessment about the airworthiness of the aircraft is irrelevant when the KOEL isn't satisfied and the only decision either is making at that point is whether to violate FAA regulations.
Am I correct or does the PIC have more authority and decision making ability here than I think?