Originally Posted by
JohnBurke
Tidbit for those who don't know (most don't): no mechanic can return an aircraft to service. When you fly it, you do that.
Part 43 says the person that signs the log returns it to service. The PIC may be ultimately responsible for the airworthiness (whereas the mechanic/maintenance is responsible for actually doing the work correctly) when he signs for the aircraft, but that is not a return to service. Part 43 explicitly explains this in 43.5.
§43.5 Approval for return to service after maintenance, preventive maintenance, rebuilding, or alteration.
No person may approve for return to service any aircraft, airframe, aircraft engine, propeller, or appliance, that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless—
(a) The maintenance record entry required by §43.9 or §43.11, as appropriate, has been made;
(b) The repair or alteration form authorized by or furnished by the Administrator has been executed in a manner prescribed by the Administrator; and
(c) If a repair or an alteration results in any change in the aircraft operating limitations or flight data contained in the approved aircraft flight manual, those operating limitations or flight data are appropriately revised and set forth as prescribed in §91.9 of this chapter.
Now, if you want to argue that "approval for return to service" is different than "return to service", I'd say you are just trying to argue the semantics. If you've approved it to return to service, as soon as you sign off, it's back in service. No one goes after a pilot for "returning an aircraft to service" incorrectly, unless they have done maintenance in accordance with 43.3(h) or (i) and not met the requirements of Part 43. Many times, pilots performing maintenance under these authorizations don't realize all the requirements that must be met in Part 43 when they use this, but this authorization is not applicable for 121 and much of 135. It is a "thing" that maintenance/mechanics have occasionally "returned an aircraft to service" incorrectly, as supported by the regulation.