FAR 91.405 — Owner Maintenance Responsibilities
FAR 91.405 explains owner/operator maintenance duties: required inspections, repairing discrepancies, logbook entries, and placarding inoperative equipment.
In Plain English
FAR 91.405 spells out what every aircraft owner or operator is responsible for when it comes to maintenance. You can't just fly the airplane and assume someone else will keep it legal — the rule puts the duty on you.
Specifically, the owner/operator must:
- Have the aircraft inspected as required by Subpart E of Part 91 (annuals, 100-hours, etc.) and have any discrepancies repaired in accordance with Part 43 between those inspections.
- Ensure maintenance personnel make the proper logbook entries showing the aircraft has been approved for return to service after work is performed.
- For any inoperative instrument or piece of equipment that's allowed to be deferred under § 91.213(d)(2) (the no-MEL deferral process), have it repaired, replaced, removed, or inspected at the next required inspection.
- When listed discrepancies include inoperative instruments or equipment, make sure a placard has been installed as required by § 43.11.
Operationally, this is why your maintenance logs, deferral placards, and return-to-service signoffs all need to be squared away before you fly — the FAA holds you, the operator, accountable.
Regulation Text
14 CFR § 91.405§ 91.405 Maintenance required.
Each owner or operator of an aircraft—
(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter;
(b) Shall ensure that maintenance personnel make appropriate entries in the aircraft maintenance records indicating the aircraft has been approved for return to service;
(c) Shall have any inoperative instrument or item of equipment, permitted to be inoperative by § 91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspection; and
(d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a placard has been installed as required by § 43.11 of this chapter.
Oral Exam Questions a DPE Might Ask
Q1Whose responsibility is it to ensure the aircraft is airworthy and properly maintained?
Per FAR 91.405 (and 91.403), the owner or operator is responsible for having the aircraft inspected, having discrepancies repaired under Part 43, and ensuring proper maintenance record entries are made.
Q2If you defer an inoperative instrument under § 91.213(d), when must it be addressed, and what must be done to the cockpit?
FAR 91.405(c) requires that the inoperative item be repaired, replaced, removed, or inspected at the next required inspection, and 91.405(d) requires a placard be installed per § 43.11 identifying the inoperative equipment.
Q3After maintenance is performed on your aircraft, what must you verify before flying it?
Under FAR 91.405(b), you must ensure maintenance personnel made the appropriate maintenance record entries indicating the aircraft has been approved for return to service.
Studying for a checkride?
Related Sections in Part 91