FAR 91.213 — Inoperative Equipment
FAR 91.213 explains how to legally fly with inoperative instruments using an MEL or the Part 91 deactivate-and-placard procedure. Study guide for pilots.
In Plain English
FAR 91.213 governs when you can legally take off with inoperative instruments or equipment. There are essentially three legal paths:
- Minimum Equipment List (MEL): If your aircraft has an approved MEL and a letter of authorization from the Flight Standards office, you must operate under that MEL's conditions and limitations, and the inop item must be logged in the aircraft records.
- Part 91 procedure (no MEL): For most light, non-turbine aircraft without an MEL, you may fly with inop equipment only if the item is not required by VFR-day type certification, the Kinds of Operations Equipment List, § 91.205, or an airworthiness directive. The item must be either removed and placarded (with a logbook entry per § 43.9) or deactivated and placarded "Inoperative." A pilot or qualified mechanic must determine the inop item is not a hazard to flight.
- Special flight permit (ferry permit) under §§ 21.197/21.199.
This matters operationally because flying with a broken item without following one of these paths makes the aircraft unairworthy, exposing the pilot in command to enforcement and insurance issues.
Regulation Text
14 CFR § 91.213§ 91.213 Inoperative instruments and equipment.
(a) Except as provided in paragraph (d) of this section, no person may take off an aircraft with inoperative instruments or equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that aircraft.
(2) The aircraft has within it a letter of authorization, issued by the responsible Flight Standards office, authorizing operation of the aircraft under the Minimum Equipment List. The letter of authorization may be obtained by written request of the airworthiness certificate holder. The Minimum Equipment List and the letter of authorization constitute a supplemental type certificate for the aircraft.
(3) The approved Minimum Equipment List must—
(i) Be prepared in accordance with the limitations specified in paragraph (b) of this section; and
(ii) Provide for the operation of the aircraft with the instruments and equipment in an inoperable condition.
(4) The aircraft records available to the pilot must include an entry describing the inoperable instruments and equipment.
(5) The aircraft is operated under all applicable conditions and limitations contained in the Minimum Equipment List and the letter authorizing the use of the list.
(b) The following instruments and equipment may not be included in a Minimum Equipment List:
(1) Instruments and equipment that are either specifically or otherwise required by the airworthiness requirements under which the aircraft is type certificated and which are essential for safe operations under all operating conditions.
(2) Instruments and equipment required by an airworthiness directive to be in operable condition unless the airworthiness directive provides otherwise.
(3) Instruments and equipment required for specific operations by this part.
(c) A person authorized to use an approved Minimum Equipment List issued for a specific aircraft under subpart K of this part, part 121, 125, or 135 of this chapter must use that Minimum Equipment List to comply with the requirements in this section.
(d) Except for operations conducted in accordance with paragraph (a) or (c) of this section, a person may takeoff an aircraft in operations conducted under this part with inoperative instruments and equipment without an approved Minimum Equipment List provided—
(1) The flight operation is conducted in a—
(i) Rotorcraft, non-turbine-powered airplane, glider, lighter-than-air aircraft, powered parachute, or weight-shift-control aircraft, for which a master minimum equipment list has not been developed; or
(ii) Small rotorcraft, nonturbine-powered small airplane, glider, or lighter-than-air aircraft for which a Master Minimum Equipment List has been developed; and
(2) The inoperative instruments and equipment are not—
(i) Part of the VFR-day type certification instruments and equipment prescribed in the applicable airworthiness regulations under which the aircraft was type certificated;
(ii) Indicated as required on the aircraft's equipment list, or on the Kinds of Operations Equipment List for the kind of flight operation being conducted;
(iii) Required by § 91.205 or any other rule of this part for the specific kind of flight operation being conducted; or
(iv) Required to be operational by an airworthiness directive; and
(3) The inoperative instruments and equipment are—
(i) Removed from the aircraft, the cockpit control placarded, and the maintenance recorded in accordance with § 43.9 of this chapter; or
(ii) Deactivated and placarded “Inoperative.” If deactivation of the inoperative instrument or equipment involves maintenance, it must be accomplished and recorded in accordance with part 43 of this chapter; and
(4) A determination is made by a pilot, who is certificated and appropriately rated under part 61 of this chapter, or by a person, who is certificated and appropriately rated to perform maintenance on the aircraft, that the inoperative instrument or equipment does not constitute a hazard to the aircraft.
An aircraft with inoperative instruments or equipment as provided in paragraph (d) of this section is considered to be in a properly altered condition acceptable to the Administrator.
(e) Notwithstanding any other provision of this section, an aircraft with inoperable instruments or equipment may be operated under a special flight permit issued in accordance with §§ 21.197 and 21.199 of this chapter.
[Docket 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91-280, 68 FR 54560, Sept. 17, 2003; Amdt. 91-282, 69 FR 44880, July 27, 2004; Docket FAA-2018-0119, Amdt. 91-350, 83 FR 9171, Mar. 5, 2018]
Oral Exam Questions a DPE Might Ask
Q1You arrive at the airplane and notice the landing light is burned out. Walk me through how you'd legally depart.
Per FAR 91.213(d), I'd check that the landing light isn't required by § 91.205, the KOEL, an AD, or VFR-day type certification for my flight. If not, I'd have it deactivated or removed, placarded "Inoperative," logged per part 43, and determine it's not a hazard before flight.
Q2What four lists or rules must you check before deciding an inoperative item can be deferred under the Part 91 procedure?
FAR 91.213(d)(2) requires the item not be part of the VFR-day type certification equipment, not required by the aircraft's equipment list or KOEL, not required by § 91.205 or another part 91 rule for that operation, and not required operational by an airworthiness directive.
Q3If your aircraft has an approved MEL, can you still use the Part 91 deactivate-and-placard method instead?
No. Under FAR 91.213(c), if you're authorized to use an approved MEL, you must use that MEL to comply with this section rather than the paragraph (d) procedure.
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Related Sections in Part 91