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Is the FAA 91.411 and 91.413 altimeter check required outside the USA, and mandatory stickers?

My anual on my experimental ex military jet is past and so the transponder 24 month check ( I understand it that I need TX check). So in order to be airworthy I need my transponder to be checked and I cant do that any other way than that I take the transponder decoder and antena to the repair shop and do the check on the bench

LJLJ, Slovenia

@ncyankee will know more but I think that if you disturb the static pipework (e.g. by removing a component of it, like the altitude encoder) then the FAR check needs to be done again on the aircraft. So even if you check the components individually, that doesn’t help.

Is your jet N-reg? If not then the 91.4xx checks do not apply. It will be some local regulation.

Administrator
Shoreham EGKA, United Kingdom

My airplane is N registred yes.
That is why I attached the FAR43 where its written how the check is done. And it says something about bench test that is why I asked you how do you interpret this FAR.

LJLJ, Slovenia

Appendix F to Part 43—ATC Transponder Tests and Inspections

The ATC transponder tests required by §91.413 of this chapter may be conducted using a bench check or portable test equipment and must meet the requirements prescribed in paragraphs (a) through (j) of this appendi

LJLJ, Slovenia

It says in rhe FAR bench check. To summerise again.
1.My airplane is N registred
2.it needs anual check
3.it is VFR only (experimental warbird)
4.can not fly the airplane to the maintainance shop because a&p says that in order to sign my anual I need my transponder check
4.Cant do the transponder check on the airplane because it doesn not have anual. I can not get anual until my transponder has this check.
5.that is why I understand the apendix to FAR 63 which allows bench test.
6. That is why I asked you guys if you understand this as I do and if you dont, please argument your statement by helping me with showing me the regulations where it is stated so.

Thx

LJLJ, Slovenia

See this post re the VFR angle.

because a&p says that in order to sign my anual I need my transponder check

You need a better A&P/IA

Administrator
Shoreham EGKA, United Kingdom

:)

LJLJ, Slovenia

This is an analysis of the relevant regulations when operating in US NAS. Operation in another country 91.703 applies, so one would need to know the flight rules for that country.

§91.703 Operations of civil aircraft of U.S. registry outside of the United States.
(a) Each person operating a civil aircraft of U.S. registry outside of the United States shall—
(1)
(2) When within a foreign country, comply with the regulations relating to the flight and maneuver of aircraft there in force;
(3) Except for §§91.117(a), 91.307(b), 91.309, 91.323, and 91.711, comply with this part so far as it is not inconsistent with applicable regulations of the foreign country where the aircraft is operated or Annex 2 of the Convention on International Civil Aviation; and
(4) .
(5)

This is the applicability of part 91, subpart E:

Subpart E—Maintenance, Preventive Maintenance, and Alterations
Sec. 91.401 Applicability.
(a) This subpart prescribes rules governing the maintenance, preventive maintenance, and alterations of U.S.-registered civil aircraft operating within or outside of the United States.

In the US, having the transponder not comply with 91.413 is not an airworthiness item. It does restrict the use of the transponder. So flight is permitted as long as you do not operate it. That may restrict what class of airspace one may fly in and the rules under which the flight may be conducted. So 91.413 only applies to the use of the transponder and does not say anything about flight with a transponder that does not comply with the 24 month inspection.

Sec. 91.413 ATC transponder tests and inspections.

(a) No persons may use an ATC transponder that is specified in 91.215(a), 121.345(c), or Sec. 135.143(c) of this chapter unless, within the preceding 24 calendar months, the ATC transponder has been tested and inspected and found to comply with appendix F of part 43 of this chapter; and
(b) Following any installation or maintenance on an ATC transponder where data correspondence error could be introduced, the integrated system has been tested, inspected, and found to comply with paragraph (c), appendix E, of part 43 of this chapter.

91.215 Specifies where a transponder is required in US airspace and what TSO applies to various airspace types. It also indicates when the transponder must be on, but only if it is operable and maintained in accordance with 91.413. So if you don’t meet 91.413, it instructs you to not have the transponder on. It also provides the pilot with a means of requesting transit through airspace that requires a transponder, so clearly it is not an airworthiness item and should never prevent an annual inspection from being signed off. For operation in another country, one would need to know the countries rules.

Sec. 91.215 ATC transponder and altitude reporting equipment and use.
(a)
(b)
(c) Transponder-on operation. While in the airspace as specified in paragraph (b) of this section or in all controlled airspace, each person operating an aircraft equipped with an operable ATC transponder maintained in accordance with Sec. 91.413 of this part shall operate the transponder, including Mode C equipment if installed, and shall reply on the appropriate code or as assigned by ATC.
(d) ATC authorized deviations. Requests for ATC authorized deviations must be made to the ATC facility having jurisdiction over the concerned airspace within the time periods specified as follows:
(1) For operation of an aircraft with an operating transponder but without operating automatic pressure altitude reporting equipment having a Mode C capability, the request may be made at any time.
(2) For operation of an aircraft with an inoperative transponder to the airport of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time.
(3) For operation of an aircraft that is not equipped with a transponder, the request must be made at least one hour before the proposed operation.

If an annual inspection has been accomplished, the AI must sign it off. He may sign it off as airworthy or as not airworthy. If it is signed off as unairworthy, he must give the pilot a list of discrepancies. If I encountered an intransigent IA and the only discrepancy was the transponder did not meet 91.413, I would have him sign it off as unairworthy and a discrepancy list given to the pilot. I would then have an A&P familiar with the actual rules, return the aircraft to service with a log book entry that the discrepancies were resolved. Then I would fly the aircraft to the location that the 91.413 inspection was to be performed. A transponder not meeting the 91.413 requirements is an operational issue, not an airworthiness issue. Aircraft don’t need to be equipped with a transponder in the US. The 24 month can expire at any time and assuming the pilot is aware of the non compliance, can fly to the avionics shop and get it resolved, totally legally, so how does the IA justify his actions. If the IA is unwilling to sign off the annual inspection that he has completed, that is a violation of 43.11 that uses the wording of shall make an entry in the maintenance record. IMHO, the IA needs some recurrent training.

Sec. 43.11 Content, form, and disposition of records for inspections conducted under parts 91 and 125 and Sec. Sec. 135.411(a)(1) and 135.419 of this chapter.
(a) Maintenance record entries. The person approving or disapproving for return to service an aircraft, airframe, aircraft engine, propeller, appliance, or component part after any inspection performed in accordance with part 91, 125, Sec. 135.411(a)(1), or Sec. 135.419 shall make an entry in the maintenance record of that equipment containing the following information:
(1) The type of inspection and a brief description of the extent of the inspection.
(2) The date of the inspection and aircraft total time in service.
(3) The signature, the certificate number, and kind of certificate held by the person approving or disapproving for return to service the aircraft, airframe, aircraft engine, propeller, appliance, component part, or portions thereof.
(4) Except for progressive inspections, if the aircraft is found to be airworthy and approved for return to service, the following or a similarly worded statement—“I certify that this aircraft has been inspected in accordance with (insert type) inspection and was determined to be in airworthy condition.”
(5) Except for progressive inspections, if the aircraft is not approved for return to service because of needed maintenance, noncompliance with applicable specifications, airworthiness directives, or other approved data, the following or a similarly worded statement—“I certify that this aircraft has been inspected in accordance with (insert type) inspection and a list of discrepancies and unairworthy items dated (date) has been provided for the aircraft owner or operator.”
(6)
(7)
(b) Listing of discrepancies and placards. If the person performing any inspection required by part 91 or 125 or Sec. 135.411(a)(1) of this chapter finds that the aircraft is unairworthy or does not meet the applicable type certificate data, airworthiness directives, or other approved data upon which its airworthiness depends, that persons must give the owner or lessee a signed and dated list of those discrepancies. For those items permitted to be inoperative under Sec. 91.213(d)(2) of this chapter, that person shall place a placard, that meets the aircraft’s airworthiness certification regulations, on each inoperative instrument and the cockpit control of each item of inoperative equipment, marking it “Inoperative,” and shall add the items to the signed and dated list of discrepancies given to the owner or lessee.
KUZA, United States

Another brilliant post by NCyankee!

Administrator
Shoreham EGKA, United Kingdom

#NcYankee ufff my hat off to you. It is the first time that I see answer in such detail and understandable.
P.s. I have experimental aircraft so anual is done by a&p.
So I will show this to him and give all you an answer what he decided to do.
Thx again for the clarification.

LJLJ, Slovenia
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