Responsibility for Compliance with Airworthiness Directives

by Frank
(Wichita)

1. Does a FAR 145 Repair Station have to confirm that all AD's have been complied with as part of an inspection performed under a FAR 91.409(f)(2) inspection, where the Operator is utilizing an Approved Aircraft Inspection Program (AAIP)?

ANSWER: Yes. Even though a repair station who performs maintenance for an operator under an AAIP is only required to identify and sign for the work performed, they are still responsible to ensure that there are no airworthiness directives (AD's) due prior to releasing the aircraft for return to service.

When a repair station issues a release to service, they are indicating that the aircraft is airworthy. If an AD has not been complied with, the aircraft would be considered un-airworthy.

2. Is the Repair Station still liable under FAR 43.15?

ANSWER: Yes. FAR 145.201(a)(1) – requires repair stations to perform the maintenance (which includes inspections) in accordance with FAR 43. This means that a repair station is liable under the peformance rules of FAR 43.13 and FAR 43.15.

FAR 43.15(a)(1) says to perform the inspection so as to determine whether the aircraft meets all applicable airworthiness requirements. That would include AD's.