Airworthy – To be Airworthy – From FAA ORDER 8130 Airworthiness Certification of Aircraft and Related Products:
The term “airworthy” is not defined in Title 49, United States Code (49 U.S.C.), or in 14 CFR; however, a clear understanding of its meaning is essential for use in the agency’s airworthiness certification program. Below is a summary of the conditions necessary for the issuance of an airworthiness certificate. A review of case law relating to airworthiness reveals two conditions that must be met for an aircraft to be considered “airworthy.” 49 U.S.C. § 44704(c) and 14 CFR § 21.183(a), (b), and (c) state that the two conditions necessary for issuance of an airworthiness certificate:
a. The aircraft must conform to its TC. Conformity to type design is considered attained when the aircraft configuration and the components installed are consistent with the drawings, specifications, and other data that are part of the TC, which includes any supplemental type certificate (STC) and field approved alterations incorporated into the aircraft.
b. The aircraft must be in a condition for safe operation. This refers to the condition of the aircraft relative to wear and deterioration, for example, skin corrosion, window delamination/crazing, fluid leaks, and tire wear.
NOTE: If one or both of these conditions are not met, the aircraft would be considered unairworthy. Aircraft that have not been issued a TC must meet the requirements of paragraph “b” above
(From AC120-77)
(1) The aircraft must conform to its Type Certificate (TC). Conformity to type design is considered attained when the aircraft configuration and the components installed are consistent with the drawings, specifications, and other data that are part of the TC and would include any Supplemental Type Certificate (STC) and field approved alterations incorporated into the aircraft.
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The “legal” definition of Airworthy is found in FAR Part 3, Sec. 3.5(a) where it states:
§ 3.5 Statements about products, parts, appliances and materials.
(a) Definitions. The following terms will have the stated meanings when used in this section:
Airworthy means the aircraft conforms to its type design and is in a condition for safe operation.
This “legal” definition came into being via Federal Register 70 FR 54832, dated 16 September 2005. The information provided in AC 120-77 just further clarifies this “legal” definition but compliance with applicable Airworthiness Directives is not mentioned in the rule or in the AC.
You are correct William & I appreciate the clarification of the legal term. I will adjust the definition to clarify the difference between the “rule” and the “guidance”. Thank you!