Especially in comparison to FAR 91.213, that’s how simple it could be. I’ll ask EASA on their online forum.
TomTom wrote:
Is “required for the intended for the flight” relative to “any of the aeroplane instruments, items of equipment or functions” or to “functions” only
The former.
TomTom wrote:
- I can’t see how a MEL if established could authorise to fly with something inoperative that is required for the intended flight? Any example?
If you read “required” as “required by subpart NCO.IDE” then yes. In CS-MMEL there are a few examples, though, as you imply, the equipment requirements in Part-NCO are sufficiently bare that there’s little latitude for inoperability:
ELT or PLB:
May be inoperative for a maximum of 6 flights or 25 flight hours, whichever occurs first.
Transponder:
One or more may be inoperative provided permission is obtained from the Air Navigation ServiceProvider(s) when required for the intended flight route.
TomTom wrote:
Yes Peter, but if you consider Part M M.A.403 b) ; without a MEL you would need a certifying staff assessing whether the landing light defect rectification can be deferred or not.
Indeed, which is ridiculous and effectively unenforceable. We pushed EASA for changes, pointing out that they don’t really have a choice as to whether or not a single pilot operating under Part-NCO defers a defect or not, they only have a choice as to whether or not the pilot documents the defect. :)
So Part-ML says:
ML.A.403 Aircraft defects
(a) Any aircraft defect that seriously endangers the flight safety shall be rectified before further flight.
(b) The following persons may decide that a defect does not seriously endanger flight safety, and may defer it accordingly:
(1) the pilot in respect of defects affecting non-required aircraft equipment;
(2) the pilot, when using the minimum equipment list, in respect of defects affecting required aircraft equipment — otherwise, these defects may only be deferred by authorised certifying staff;
(3) the pilot in respect of defects other than those referred to in points (b)(1) and (b)(2) if all the following conditions are met:
(i) the aircraft is operated under Annex VII to Regulation(EU) No 965/2012 (Part-NCO) or,…
(ii) the pilot defers the defect with the agreement of the aircraft owner or, if applicable, of the contracted CAMO or CAO;
(4) the appropriately qualified certifying staff in respect of other defects than those referred to in points (b)(1) and (b)(2), where the conditions referred to in point 3(i) and (ii) are not met.
Even there, authorised certifying staff obviously cannot defer inoperability or absence of required aircraft equipment, but they can defer intermittent faults or poor performance. So unfortunately we’re back to pilots not documenting such problems unless there is an engineer around.
Thank you bookworm!
Now it is much clearer to me.
Happy to see that Part-ML will head in the good direction and solve this puzzle!
Then do we know when will Part-ML come into force?
It went through EASA Committee in February, and is now in translation. Someone close to the process guessed June.
Any news on this, @bookworm?
Incidentally I came across this Master Minimum Equipment List for SE planes local copy.
Part-ML will come into force on February 2020 this year.
A MEL is no longer needed for part-NCO operations. The pilot decides.
ML.A.403 Aircraft defects
(a) Any aircraft defect that seriously endangers the flight safety shall be rectified before further flight.
(b) The following persons may decide that a defect does not seriously endanger flight safety, and may defer it accordingly:
(1) the pilot in respect of defects affecting non-required aircraft equipment;
(2) the pilot, when using the minimum equipment list, in respect of defects affecting required aircraft equipment — otherwise, these defects may only be deferred by authorised certifying staff;
(3) the pilot in respect of defects other than those referred to in points (b)(1) and (b)(2) if all the following conditions are met:
(i) the aircraft is operated under Annex VII to Regulation (EU) No 965/2012 (Part-NCO) or, in the case of balloons or sailplanes, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976;
(ii) the pilot defers the defect with the agreement of the aircraft owner or, if applicable, of the contracted CAMO or CAO;
(4) the appropriately qualified certifying staff in respect of other defects than those referred to in points (b)(1) and (b)(2), where the conditions referred to in point 3(i) and (ii) are not met.
(c) Any aircraft defect that does not seriously hazard flight safety shall be rectified as soon as practicable from the date on which the defect was first identified and within the limits specified in the maintenance data.
(d) Any defect not rectified before flight shall be recorded in the aircraft continuing airworthiness record system referred to in point ML.A.305 and a record shall be available to the pilot.
If you look at the list of documents applicable to the DA42, you will see :
7.05.1 OPERATIONAL SUITABILITY DATA – MASTER MINIMUM EQUIPMENT LIST (OSD-MMEL)
However It is not available online. Does anyone know where it is available?
Thank you !
Salim
Airborne_Again wrote:
Part-ML will come into force on February 2020 this year.The 20th to be more precise.
Part M light was delayed to the 24th of March
