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Pilot of a C170 operated the aircraft after FAA inspector informs pilot that the aircraft is unairworthy, due to damage caused by a bear on the ground at another airport from which the pilot had previously landed.
| Attributes | |
| ACN | 485553 |
| Time | |
| Date | 200009 |
| Day | Tue |
| Local Time Of Day | 1201 To 1800 |
| Place | |
| Locale Reference | airport : akn.airport |
| State Reference | AK |
| Altitude | agl single value : 0 |
| Environment | |
| Flight Conditions | VMC |
| Light | Daylight |
| Aircraft 1 | |
| Controlling Facilities | tower : cyul.tower |
| Operator | general aviation : personal |
| Make Model Name | Cessna 170 |
| Operating Under FAR Part | Part 91 |
| Flight Phase | ground : preflight |
| Flight Plan | None |
| Person 1 | |
| Affiliation | other |
| Function | flight crew : single pilot |
| Qualification | pilot : private |
| Experience | flight time last 90 days : 6 flight time total : 2240 flight time type : 159 |
| ASRS Report | 485553 |
| Person 2 | |
| Affiliation | government : faa |
| Function | maintenance : inspector observation : air carrier inspector other personnel other |
| Events | |
| Anomaly | aircraft equipment problem : critical ground encounters : animal non adherence : far other anomaly other |
| Independent Detector | aircraft equipment other aircraft equipment : acft damage other other : faa inspector |
| Resolutory Action | none taken : detected after the fact |
| Consequence | faa : reviewed incident with flight crew faa : investigated faa : assigned or threatened penalties other other |
| Supplementary | |
| Problem Areas | Flight Crew Human Performance Aircraft |
| Primary Problem | Aircraft |
Narrative:
My C170A was damaged by a bear on the ground at port moller, ak. After consultation with an experienced a&P/pilot, I determined that it was airworthy and flew it with passenger to king salmon. At king salmon, FAA personnel tried to convince me that it was not airworthy and that continued operation would be a violation of FARS. Relying on 91.7(B), I made the determination that the aircraft was airworthy and continued the flight. Subsequently, the FAA has notified me, by certified mail, that the airworthiness certificate was suspended 'immediately' on sep/xa/00. I have considerable experience operating this aircraft over this route and believe that I properly exercised the authority/authorized of 91.7(B), but the FAA disagrees. A secondary related factor is that the FAA twice interrupted servicing and preflight inspection. Such interruptions had a greater potential impact on flight safety than the condition of the plane.
Original NASA ASRS Text
Title: PLT OF A C170 OPERATED THE ACFT AFTER FAA INSPECTOR INFORMS PLT THAT THE ACFT IS UNAIRWORTHY, DUE TO DAMAGE CAUSED BY A BEAR ON THE GND AT ANOTHER ARPT FROM WHICH THE PLT HAD PREVIOUSLY LANDED.
Narrative: MY C170A WAS DAMAGED BY A BEAR ON THE GND AT PORT MOLLER, AK. AFTER CONSULTATION WITH AN EXPERIENCED A&P/PLT, I DETERMINED THAT IT WAS AIRWORTHY AND FLEW IT WITH PAX TO KING SALMON. AT KING SALMON, FAA PERSONNEL TRIED TO CONVINCE ME THAT IT WAS NOT AIRWORTHY AND THAT CONTINUED OP WOULD BE A VIOLATION OF FARS. RELYING ON 91.7(B), I MADE THE DETERMINATION THAT THE ACFT WAS AIRWORTHY AND CONTINUED THE FLT. SUBSEQUENTLY, THE FAA HAS NOTIFIED ME, BY CERTIFIED MAIL, THAT THE AIRWORTHINESS CERTIFICATE WAS SUSPENDED 'IMMEDIATELY' ON SEP/XA/00. I HAVE CONSIDERABLE EXPERIENCE OPERATING THIS ACFT OVER THIS RTE AND BELIEVE THAT I PROPERLY EXERCISED THE AUTH OF 91.7(B), BUT THE FAA DISAGREES. A SECONDARY RELATED FACTOR IS THAT THE FAA TWICE INTERRUPTED SVCING AND PREFLT INSPECTION. SUCH INTERRUPTIONS HAD A GREATER POTENTIAL IMPACT ON FLT SAFETY THAN THE CONDITION OF THE PLANE.
Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.