Expired maintenance release and a failed gyro
A Part 135 operator's Cessna 206 is based at a rural strip. Its maintenance release expired at midnight the previous day. The attitude indicator has also failed, and the turn coordinator is intermittent. The aircraft is otherwise serviceable and the weather is fine day VFR. Three passengers are booked to a town 35 minutes away, where the operator's approved maintenance organisation is located. The pilot proposes to carry the passengers and then have the maintenance organisation issue a new release on arrival, arguing that a day-VFR Cessna does not need an attitude indicator and that the flight is only 35 minutes. The chief pilot asks you to decide whether the flight may proceed, and whether a ferry or special flight permit is available if the passengers are offloaded.
1. May the aircraft carry the three passengers?
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No. The controlling issue is the expired maintenance release, not whether a particular instrument is required for day VFR. Under Part 43, an aircraft must have a valid maintenance release before flight, and an operator cannot carry passengers on the basis that maintenance will be certified after arrival. The failed attitude indicator may not be required equipment for day VFR, but the intermittent turn coordinator and the expired release mean the aircraft is not in a compliant airworthy configuration for passenger operations. The pilot would also need to consider the operator's minimum equipment list or deferral procedures, if applicable. A defect cannot simply be deferred by the pilot unless the relevant rules and approved documents permit it. Carrying passengers to a maintenance base is not a lawful workaround. The passengers should be rebooked or carried by another serviceable aircraft.
2. What options exist to move the aircraft to the maintenance organisation without passengers?
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The operator should ask the CAA or an approved maintenance organisation about a special flight permit or ferry approval. Such an approval can allow a flight for the purpose of maintenance, with conditions such as no passengers, minimum crew, a specified route, day VFR only and any operational limitations needed because of the failed or intermittent instruments. The aircraft must still be safe for the ferry flight. The intermittent turn coordinator may affect the ferry approval, even under day VFR, because it indicates an unresolved defect. The maintenance organisation should assess the defect and record it before the flight. The pilot should not treat the 35-minute distance as a reason to skip the approval process. If a permit cannot be obtained, the aircraft should be repaired on site or moved by other means.
3. What records and notifications should be made?
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The defect and the expired maintenance release should be entered in the aircraft maintenance records, and the operator's occurrence/defect reporting system should be used if the rules or the operator's manual require it. The maintenance organisation should certify the corrective action and issue a new maintenance release only after the required inspections and tests. If a special flight permit is used, the operator should keep the approval with the aircraft documents and ensure the conditions are met. This is not an accident or incident requiring TAIC notification on the facts given, but the CAA may need to be informed if the operator seeks a ferry approval or if the defect affects continued airworthiness. The chief pilot should also review why the aircraft was scheduled with an expired release and an unresolved instrument defect.