751 

Federal Aviation Administration, DOT 

§ 91.409 

§ 91.407

Operation after maintenance, 

preventive maintenance, rebuild-
ing, or alteration. 

(a) No person may operate any air-

craft that has undergone maintenance, 
preventive maintenance, rebuilding, or 
alteration unless— 

(1) It has been approved for return to 

service by a person authorized under 
§ 43.7 of this chapter; and 

(2) The maintenance record entry re-

quired by § 43.9 or § 43.11, as applicable, 
of this chapter has been made. 

(b) No person may carry any person 

(other than crewmembers) in an air-
craft that has been maintained, re-
built, or altered in a manner that may 
have appreciably changed its flight 
characteristics or substantially af-
fected its operation in flight until an 
appropriately rated pilot with at least 
a private pilot certificate flies the air-
craft, makes an operational check of 
the maintenance performed or alter-
ation made, and logs the flight in the 
aircraft records. 

(c) The aircraft does not have to be 

flown as required by paragraph (b) of 
this section if, prior to flight, ground 
tests, inspection, or both show conclu-
sively that the maintenance, preven-
tive maintenance, rebuilding, or alter-
ation has not appreciably changed the 
flight characteristics or substantially 
affected the flight operation of the air-
craft. 

(Approved by the Office of Management and 
Budget under control number 2120–0005) 

§ 91.409

Inspections. 

(a) Except as provided in paragraph 

(c) of this section, no person may oper-
ate an aircraft unless, within the pre-
ceding 12 calendar months, it has had— 

(1) An annual inspection in accord-

ance with part 43 of this chapter and 
has been approved for return to service 
by a person authorized by § 43.7 of this 
chapter; or 

(2) An inspection for the issuance of 

an airworthiness certificate in accord-
ance with part 21 of this chapter. 

No inspection performed under para-
graph (b) of this section may be sub-
stituted for any inspection required by 
this paragraph unless it is performed 
by a person authorized to perform an-
nual inspections and is entered as an 

‘‘annual’’ inspection in the required 
maintenance records. 

(b) Except as provided in paragraph 

(c) of this section, no person may oper-
ate an aircraft carrying any person 
(other than a crewmember) for hire, 
and no person may give flight instruc-
tion for hire in an aircraft which that 
person provides, unless within the pre-
ceding 100 hours of time in service the 
aircraft has received an annual or 100- 
hour inspection and been approved for 
return to service in accordance with 
part 43 of this chapter or has received 
an inspection for the issuance of an air-
worthiness certificate in accordance 
with part 21 of this chapter. The 100- 
hour limitation may be exceeded by 
not more than 10 hours while en route 
to reach a place where the inspection 
can be done. The excess time used to 
reach a place where the inspection can 
be done must be included in computing 
the next 100 hours of time in service. 

(c) Paragraphs (a) and (b) of this sec-

tion do not apply to— 

(1) An aircraft that carries a special 

flight permit, a current experimental 
certificate, or a light-sport or provi-
sional airworthiness certificate; 

(2) An aircraft inspected in accord-

ance with an approved aircraft inspec-
tion program under part 125 or 135 of 
this chapter and so identified by the 
registration number in the operations 
specifications of the certificate holder 
having the approved inspection pro-
gram; 

(3) An aircraft subject to the require-

ments of paragraph (d) or (e) of this 
section; or 

(4) Turbine-powered rotorcraft when 

the operator elects to inspect that 
rotorcraft in accordance with para-
graph (e) of this section. 

(d) 

Progressive inspection. Each reg-

istered owner or operator of an aircraft 
desiring to use a progressive inspection 
program must submit a written request 
to the FAA Flight Standards district 
office having jurisdiction over the area 
in which the applicant is located, and 
shall provide— 

(1) A certificated mechanic holding 

an inspection authorization, a certifi-
cated airframe repair station, or the 
manufacturer of the aircraft to super-
vise or conduct the progressive inspec-
tion; 

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