Regulation Text
(a) No person may operate a civil aircraft unless it is in an airworthy condition.
(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.
Research Notes
Section 91.7 is the airworthiness anchor rule for Part 91 operations. It requires that no person may operate a civil aircraft unless it is in an airworthy condition, and it assigns the determination of airworthiness specifically to the pilot in command.
Definition of "airworthy": While § 91.7 doesn't define the term, the FAA has long held airworthiness to mean: (1) the aircraft conforms to its type design (or properly altered configuration); AND (2) the aircraft is in condition for safe operation. Both elements are required. An aircraft with a current annual but a known unsafe condition is not airworthy. An aircraft in perfect mechanical condition but with an expired inspection is also not airworthy under FAA enforcement interpretation.
The PIC determination (paragraph b): The PIC is responsible for determining whether the aircraft is in condition for safe flight. This is a preflight obligation that doesn't get delegated — not to the mechanic who signed the logs, not to the line crew, not to the operator. The PIC walks the aircraft, checks the documents, and decides go/no-go.
Discontinuance in flight (paragraph b): The PIC must discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur. "Discontinue" here means the flight must end as soon as it can be safely concluded — not necessarily an immediate emergency landing, but the operation cannot continue as planned. The PIC selects the safest course consistent with the condition.
Interaction with the MEL (§ 91.213): If the aircraft has an approved Minimum Equipment List, certain equipment may be inoperative under the conditions specified in the MEL and the aircraft remains airworthy. Without an MEL, § 91.213(d) provides a kinds-of-operations equipment list framework for small piston aircraft. Either way, § 91.7 still applies — the PIC must determine airworthiness.
Reference: AC 43-9 (Maintenance Records) and FAA-H-8083-30 (AMT General Handbook) Chapter 12 cover the airworthiness framework. The FAA Chief Counsel's 2009 "Coleal" letter is a foundational interpretation on what "airworthy" means and how § 91.7 applies in enforcement.
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