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Old 08-21-2017, 01:10 PM
  #18  
JohnBurke
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 6,036
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Originally Posted by CrimsonEclipse View Post
Yes yes... pilots are all powerful and almighty and the only ones that can deem the airplane in service.
Incorrect. A mechanic may authorize for return to service, an a log signature is a statement of airthworthiness for the work performed. There is no place in Part 43 in which a mechanic, repairman, inspector, or repair station may return an aircraft, engine, airframe, appliance, or powerplant to service. Only approve it for return to service.

The pilot does not "deem" it into service. The pilot puts it in service by operating it.

It has nothing to do with power or the almighty. Calm down.

Originally Posted by JamesNoBrakes View Post
Is that a regulation?
You know very well it isn't a regulation. It's an advisory circular. I was getting set to launch on a fire and had very little time. You are employed by the FAA, no? You understand that it was an advisory circular. I stated it was an advisory circular. I provided the link, and the quote. Could there possibly be any doubt?

Originally Posted by JamesNoBrakes View Post
You are correct that a part/aircraft goes "back into service" when the flight starts as a revenue flight under the part for which it's conducted, the point though is the mechanic approves the aircraft for that return.
I said no such thing. You did. Revenue is irrelevant. Whether the aircraft is in commercial service, or makes any revenue for the flight is irrelevant.

A repairman, mechanic, inspector, or repair station (or pilot performing authorized preventative maintenance) may approve for return to service. That approval does NOT return the item to service.

You have attempted to say otherwise by incorrectly quoting two parts of the regulation, neither of which stated that a mechanic can return a part to service.

A regulation is not required stating that a pilot can or must return a part to service. The limitation is on the mechanic; the mechanic cannot return the part to service by function of a logbook entry. The mechanic may only approve it for return to service. There is no place in the regulation in which a mechanic may do more than approve for return to service.

If the mechanic happens to be a pilot who can fly the aircraft, then the mechanic may go beyond the function of maintenance and further return to service, but that is within the scope of pilot privileges, not maintenance privileges.

Originally Posted by JamesNoBrakes View Post
That's the airworthiness release, the mechanic/CH saying the aircraft is airworthy.
Incorrect again.

The mechanic's signature is only applicable to the work performed. The exception is a statement of airworthiness for the aircraft, and for the engine, as provided during an annual/100 hour inspection, when performed in conjunction with a checklist and the appropriate regulation. When a mechanic provides a signature for work performed, the signature, date, certificate number, and description of the work performed constitutes a statement of approval of airworthiness for the work performed only. This is a central premise to the authority and limitation of authority of the mechanic certificate.

If I sign off on the removal, repair, and replacement of a seat belt and provide a logbook entry for that work, my signature and statement of the repair serves to constitute an approval for the work performed, and nothing more. I do not become responsible for the airworthiness of the aircraft. I have approved that seatbelt repair to return to service and nothing more.

When an annual/100 hour is performed, the mechanic IA who does the work buys all the work previously done on the aircraft, up until the time his ink is in the logbook; he makes a statement of airworthiness and approval for return to service for the entire life of the aircraft up until his signature is complete. The saying is that he "buys the past." At that point, the aircraft is approved for return to service, but has not been put in service, or returned to service. The mechanic's role is done, and the aircraft is not returned to service. Simply approved for return to service.

The pilot returns it to service when he operates the aircraft, whether for pleasure, revenue, sport, or any other purpose.

Originally Posted by JamesNoBrakes View Post
IOn any and all flights, the PIC accepts the aircraft and is responsible for it's airworthiness, which is what the sentence you quoted refers to.
No, it doesn't. Incorrect, again.

In fact, I chose that quote because it stated what I've said, word for word. It's not semantics. Far from it. There are two elements to a return to service. The approval for return to service, provided by the mechanic, and the return to service, done by the individual (pilot) operating the aircraft. The sentence was very specific, and stated that the mechanic APPROVES return to service, while the pilot RETURNS to service. Two parts of a return to service. It can't be returned to service without the approval, and the approval does not return it to service.

I stated we can do this all day because it's far from a single paragraph in an obscure old advisory circular. This is not a new concept and has been the position of the FAA for many decades. Again, that you don't understand it reinforces the point that many pilots don't.

Last edited by JohnBurke; 08-21-2017 at 01:28 PM.
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