Regulation Text
(a) The owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition, including compliance with part 39 of this chapter.
(b) No person may perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter.
(c) No person may operate an aircraft for which a manufacturer's maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitations section unless the mandatory replacement times, inspection intervals, and related procedures specified in that section or alternative inspection intervals and related procedures set forth in an operations specification approved by the Administrator under part 121 or 135 of this chapter or in accordance with an inspection program approved under § 91.409(e) have been complied with.
(d) A person must not alter an aircraft based on a supplemental type certificate unless the owner or operator of the aircraft is the holder of the supplemental type certificate, or has written permission from the holder.
[Docket 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91-267, 66 FR 21066, Apr. 27, 2001; Amdt. 91-293, 71 FR 56005, Sept. 26, 2006]
Research Notes
Section 91.403 establishes the maintenance responsibility framework. The owner or operator of an aircraft is primarily responsible for maintaining that aircraft in airworthy condition, including compliance with Part 39 (airworthiness directives) and the inspection requirements of § 91.409.
Paragraph (a) — Primary responsibility: The owner or operator of an aircraft is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Part 39 airworthiness directives.
Paragraph (b) — Operation contrary to AD or required inspection: No person may operate an aircraft for which a manufacturer has issued maintenance manual notes, an Airworthiness Directive, or other operational note REQUIRING service, alteration, or inspection action UNLESS such service, alteration, or inspection has been performed.
Paragraph (c) — Required inspections — annual, 100-hour, etc. — by paragraph (d) — must be performed as required by § 91.409.
Paragraph (d) — Maintenance limitations: No person may perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in Part 43 and this part.
The owner's actual obligations:
- Ensure annual inspection is current (§ 91.409(a))
- Ensure 100-hour inspection is current if applicable
- Ensure ELT inspection is current (§ 91.207(b))
- Ensure altimeter/static check is current for IFR ops (§ 91.411)
- Ensure transponder check is current (§ 91.413)
- Ensure all ADs applicable to the aircraft have been complied with
- Maintain records per § 91.417
The 'should the owner know?' enforcement standard: The FAA's enforcement framework holds the owner accountable for inspection currency AND for noticing obvious airworthiness issues. The 'I didn't know' defense rarely succeeds — owners are expected to know what their aircraft requires.
Reference: Part 39 (Airworthiness Directives); AC 43-9 on maintenance records.
Amendment History
Amendment History Coming Soon
Every time this regulation changes, we'll record it here — the date, what was amended, and a plain-English summary of what shifted.