The sky is blue, visibility unlimited, winds calm. It is a perfect day to bore some holes in the sky or chase down a $100 ($200?) hamburger. But as you approach the plane, you notice something hanging from the wing strut. Upon closer inspection, it is a slip of paper bearing the foreboding word “ATTENTION.” On it are a list of purported discrepancies deemed “an imminent hazard to safety” and a warning that operation of the aircraft without corrective action will be contrary to the FARs. You might think this is a bad joke, but it’s not. You’ve just been tagged with an aircraft condition notice (FAA Form 8620-1).
Aircraft condition notices are typically issued by an FAA Aviation Safety Inspector (ASI) after observing a potentially unsafe condition with an aircraft. These notices are intended to make an aircraft owner or operator aware that the aircraft might be in an unairworthy condition and that further flight without first having the aircraft inspected might be a violation of the FARs. They are typically affixed or tagged to the aircraft in a conspicuous location near the door. The FAA’s guidance for issuing condition notices is sparse, but what can be found suggests such a notice should only be issued if the aircraft is “obviously unairworthy” or if a discrepancy requires immediate action prior to operation. However, the form itself allows a condition notice to be issued for even minor discrepancies not impacting an aircraft’s airworthiness. In fact, we’ve seen some odd things appear on condition notices, like “foggy” instruments, non-original fuel caps, or wet carpet (in a seaplane no less).
If your aircraft has been tagged with a condition notice, you should assume the FAA is monitoring your aircraft’s activity. You should carefully review the notice to address any airworthiness items before further flight. If you are not the owner, you can anticipate that the FAA will follow up with them. FAA guidance requires a copy of the condition notice be mailed to the registered owner. Often, the mailed notice is accompanied by a request to inspect aircraft logbooks. FAR 91.417(c) requires the owner or operator to make all required maintenance records available for inspection by the FAA.
If you fly the aircraft without correcting the alleged discrepancies, the FAA may suspend or revoke your pilot certificate or demand reexamination of the aircraft’s airworthiness certificate. Keep in mind that FAR 91.405 dictates all discrepancies be repaired unless an instrument or piece of equipment is permitted to be inoperative by FAR 91.213(d)(2). FAR 91.7 prohibits the operation of unairworthy aircraft and places responsibility on the pilot in command to determine whether an aircraft is in a condition for safe flight. Additionally, FAR 91.403 says that an aircraft owner or operator is primarily responsible for maintaining the aircraft in an airworthy condition. Of course, FAR part 43 dictates who may perform maintenance, preventive maintenance, rebuilding, and alterations to an aircraft and who may approve an aircraft for return to service.
At the end of the day, an aircraft condition notice is just that, a notice, and the ASI might be mistaken about the presence or significance of a discrepancy. Further, the NTSB has long held that “not … every scratch, dent, ‘pinhole’ of corrosion, missing screw, or other defect, no matter how minor or where located on the aircraft,” renders an aircraft unairworthy. So, if you disagree with the ASI, you should be prepared to explain why the noted discrepancy is erroneous or is not an airworthiness item. It will likely take supporting documentation from a certificated A&P, if not the aircraft or component manufacturer, to convince the ASI you were correct and to rescind the condition notice.
After the initial shock, a common question we receive is, “Why was the FAA looking at my aircraft?” The answer could be any of several reasons: the inspector may have been responding to a specific complaint about your aircraft; the inspector may have been performing a random inspection of all aircraft on the ramp; or the inspector might have simply noticed an issue with your aircraft while performing other duties. It is important to remember that if your aircraft is on the ramp of a public airport, it is fair game for an ASI to look over the exterior and peer into windows. However, authorization from the owner or operator is required before an ASI can open doors or cowlings, start popping open inspection plates, or access a hangar (depending on your lease terms).
Whether you agree with the listed discrepancies or not, if your aircraft is tagged with a condition notice, it is a matter to take seriously. If you are “it,” you should consult with a reputable A&P and reconsider that hamburger before it costs more than just money.
