Where Can A Mechanic With An Inspection Authorization Perform An Inspection?

A mechanic who holds an inspection authorization (IA) recently asked me whether he could perform inspections both at his home base here in Minnesota and at his home in Arizona where he escapes the Minnesota winters. The mechanic knew that the IA issued by the FAA does not contain any specific geographic limitations and, as a result, the mechanic thought the answer to the question should be “anywhere in the U.S.” Well, the mechanic was right — sort of.

In order to the question, a little background is in order. As you may know, under 14 C.F.R. § 65.95, a mechanic must hold an IA in order to

1. Inspect and approve for return to service any aircraft or related part or appliance (except any aircraft maintained in accordance with a continuous airworthiness program under 14 C.F.R. Part 121) after a major repair or major alteration to it in accordance with 14 C.F.R. Part 43, if the work was done in accordance with technical data approved by the Administrator; and

2. Perform an annual, or perform or supervise a progressive inspection according to 14 C.F.R. §§ 43.13 and 43.15.

A mechanic who wants to obtain an IA must apply to his or her local Flight Standards District Office (FSDO) and meet the requirements of 14 C.F.R. § 65.91. In addition to having the appropriate experience, equipment, facilities and data, as well as passing a knowledge test, the mechanic must also have a fixed base of operation. This base allows the local FSDO to locate the mechanic, either in person or via telephone, but it isn’t necessarily the location at which the mechanic will be exercising his or her inspection authority.

Once issued, the IA expires March 31 of each odd-numbered year and also ceases to be effective if

1. The authorization is surrendered, suspended or revoked;

2. The mechanic fails to meet the renewal requirements of 14. C.F.R. § 65.91(c)(1) through (4) (e.g., the mechanic no longer has a fixed base of operation, the equipment, facilities or inspection data); or

3. The mechanic fails to meet the first year’s activity requirements as described in 14. C.F.R. § 65.93(a)(1) through (5).

Now, with respect to the question of where a mechanic with an IA may conduct inspections, we need to first look at 14 C.F.R. § 65.95. Section C of that regulation provides:

If the holder of an inspection authorization changes his fixed base of operation, he may not exercise the privileges of the authorization until he has notified the FAA Flight Standards District Office or International Field Office for the area in which the new base is located, in writing, of the change.

As you can see, this language doesn’t expressly prevent a mechanic with an IA from exercising inspection authority in any geographic location. However, if a mechanic wants to exercise inspection authority somewhere other than his or her fixed base of operation, and by so doing changes his or her fixed base of operation, then the mechanic needs to provide notice to the FAA office responsible for that new area before exercising inspection authority (most likely the local FSDO).

What if the mechanic wants to exercise inspection authority away from his or her fixed base of operation, but is not changing his or her fixed base of operation? Although the regulation does not specifically address this situation, FAA Flight Standards Information Systems guidance states that “[w]hen operating away from the district office that has geographic responsibility, an IA holder should notify the district office in the area where the work will be performed before exercising the authorization.”

Interestingly, this guidance is not directly supported in the regulations, nor does the FAA’s use of the word “should” suggest that a mechanic is required to give notice in this situation. Thus, the answer isn’t necessarily clear. As a result, it really becomes a question of whether the mechanic’s exercise of inspection authority equates to a change of the mechanic’s fixed base of operation. If it does, then notice is required. If it doesn’t, then it appears that notice isn’t necessary. The answer to that question will likely depend upon the unique facts and circumstances of each case.

Although some may argue that this notice requirement is simply the FAA acting as “big brother” with respect to where a mechanic may exercise his or her inspection authority, it does make some sense when you consider that a mechanic applies for and is issued renewals of his or her IA through the local FSDO or field office, rather than through Oklahoma City. Thus, the issuing FSDO or FAA office has some incentive to keep track of the mechanic’s exercise of inspection authorization within the geographic area for which it is responsible.

The next question you may have is, “What happens if a mechanic with an IA fails to provide the required notice?” Unfortunately, the sanction guidance contained in Order 2150.3B: FAA Compliance and Enforcement Program doesn’t provide a proposed sanction addressing this specific type of violation. However, depending upon the circumstances, I wouldn’t be surprised to see a sanction of suspension of the mechanic’s inspection authorization for some defined period of time up to indefinitely, pending compliance.

Thus, although the notice requirement may seem like a nuisance and an improper exercise of authority, a mechanic holding an IA needs to be aware of the requirement and ensure that he or she provides the required notice, when necessary. When in doubt, it may be better to give the notice than to have to deal with an FAA enforcement action.

Greg Reigel is an aviation attorney, author and pilot. He holds a commercial pilot certificate (single-engine land and sea and multi-engine land) with instrument rating. His practice concentrates on aviation litigation, including aviation insurance matters and FAA certificate actions, and also aviation transactional matters. He is admitted to practice law in Minnesota and Wisconsin and advises clients throughout the country on aviation law matters. A cum laude graduate of William Mitchell College of Law, Reigel is the founder and president of the law firm Reigel & Associates Ltd./Aero Legal Services based in Hopkins, MN. He frequently speaks to groups on aviation and business law issues. Reigel is a member of the AOPA Legal Services Panel, secretary of the Minnesota Aviation Trade Association, and a member of the NTSB Bar Association, National Business Aviation Association, Minnesota Business Aviation Association, ABA-Forum on Air & Space Law, Lawyer-Pilot Bar Association and Experimental Aircraft Association.

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