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Welcome to the CPL Air Law question and answer forum. Please feel free to post your questions but more importantly also suggest answers for your forum colleagues. Bob himself or one of the other tutors will get to your question as soon as we can.
Is the aircraft suspected exceed structural limit deem to be unairworthy?
Star Alliance created the topic: Is the aircraft suspected exceed structural limit deem to be unairworthy?
During landing, you have experienced severe turbulence that you believe is over the aircraft's structural limitation. There is a charter flight schedules for tomorrow. Do you
a) make a RRM
b) write it on the maint release
c) write it on the maint release and deem it unairworthy
d) inform the chief and deem the aircraft unairworthy.
How to choose between B and C? Can we deem the aircraft is unairworthy?
SJM replied the topic: Is the aircraft suspected exceed structural limit deem to be unairworthy?
It's not accurately possible to identify the correct answer because the question presented is likely paraphrased and subtle wording may be lost.
However, we can address it generally.
Make a RRM
RRM need to be made within 72 hours. AIP ENR 1.14 gives examples that could trigger a RRM
an occurrence that results in difficulty controlling the aircraft, including any of the following:
- an aircraft system failure
- a weather phenomenon
- operation outside the aircraft’s approved flight envelope
In my view, this incident could lead to a RRM - particularly, if its established that operations did occur outside the envelope, however it is not the most immediate action you would do and is likely not the best answer
sonwill replied the topic: Is the aircraft suspected exceed structural limit deem to be unairworthy?
Looking at the CAR 47 Maintenance Release 1(a)(iii) and also paragraph (b), it states that if the pilot (or other person listed in the CAR), suspects that abnormal flight or ground loads have been imposed on the aircraft, and there is a likelihood that the aircraft will be flown before the issue has been fixed, the pilot may sign the maintenance release stating the aircraft is un-airworthy.
I would say the correct answer is C, as like SJM says, you would prob need to so report (RRM), however the aircraft is due to fly the next day therefore it satisfies CAR 47 (b) that the aircraft could fly before it is fixed. RRM is 72 hrs, so too long.
Thanks for sharing the question, was good to go and try and find the answer!