Can I fly with an inoperative instrument if my airplane does not have an MEL?

Yes, but only if the item passes all four gates of the FAR 91.213 decision tree — it must not be required by the type certificate, FAR 91.205 or other applicable regulations, any airworthiness directive, or any required equipment list. You must also placard it inoperative and deactivate or remove it.

What is the difference between an MEL and the FAR 91.213 decision tree?

An MEL is an FAA-approved document specific to your aircraft that lists exactly which items can be inoperative and under what conditions. Most Part 91 personal and training aircraft do not have one. The 91.213 decision tree is the alternative method for those aircraft.

Do I need a mechanic to placard an inoperative instrument?

Not necessarily. The pilot can placard the item and deactivate it in some cases. However, if deactivation requires maintenance action beyond simple steps, a mechanic should be involved. A logbook entry documenting the inoperative item is required either way.

Is a landing light required for night VFR flight?

Under FAR 91.205(c), a landing light is required only when the aircraft is operated for hire. If you are flying at night for personal purposes, it is not legally required — but flying at night without one is strongly discouraged from a safety standpoint.

Can I leave an instrument placarded inoperative permanently?

Placarding is a temporary authorization to continue flying, not a permanent solution. The deferred maintenance must be addressed eventually, and the logbook entry serves as a record that repair is needed.

FAR ninety-one dot two thirteen and the broken instrument that might not ground your airplane

FAR 91.213 governs what happens when something in your airplane is broken and whether you can still legally fly. For aircraft without an approved Minimum Equipment List (MEL), the regulation provides a four-gate decision tree: if the inoperative item is not required by the type certificate, not required by FAR 91.205 or another regulation for your type of flight, not required by an airworthiness directive, and not on any required equipment list, you can placard it inoperative, deactivate or remove it, make a logbook entry, and go fly. If it fails any single gate, the airplane stays on the ground.

Who Uses FAR 91.213 Instead of an MEL?

Most Part 91 operators flying single-engine trainers and personal aircraft do not have an FAA-approved Minimum Equipment List. Airlines and charter operators typically do. If your airplane has an approved MEL, that document supersedes the 91.213 decision tree entirely — it specifically lists what can be inoperative and under what conditions, sometimes allowing more flexibility through compensating procedures and limitations.

For everyone else — and that includes most of us flying a Cessna 172 or similar training aircraft — FAR 91.213 provides the alternative path.

The Four Gates: How to Decide If You Can Fly

When you discover inoperative equipment during preflight, walk through these four checks in order. The item must pass all four to be eligible for deferral.

Gate 1: Is the item on a required equipment list? Check your aircraft’s equipment list and the Kind of Equipment List in the Type Certificate Data Sheet. If it is not on any required list and was not mandated by an airworthiness directive or other regulation, you may already be clear — but keep going.

Gate 2: Is it required by the type certificate? Your airplane was certificated with certain equipment. If the broken item was part of that original certification, it must work.

Gate 3: Is it required by FAR 91.205 or another regulation for your specific flight? This is where the type of flight matters. For day VFR under 91.205(d)(2), the required instruments include:

Anti-collision lights
Altimeter
Airspeed indicator
Tachometer
Oil pressure gauge
Oil temperature gauge
Fuel gauge for each tank
Landing gear position indicator (retractable gear only)
Magnetic compass
ELT
Seatbelts

If the broken item is on the applicable list, the flight does not happen.

Gate 4: Is it required by an airworthiness directive? If an AD mandates that the equipment be installed and operational, and it is not working, you are grounded.

What to Do After the Item Passes All Four Gates

Clearing the four gates does not mean you simply ignore the problem. Two steps remain:

Deactivate or remove the equipment. You cannot leave a broken piece of avionics in the panel sending erroneous information. Either you or a mechanic must deactivate it.
Placard it as inoperative. A piece of tape with the word “INOPERATIVE” written on it is sufficient. This alerts the next pilot and the next mechanic that the item is known to be broken and intentionally deactivated.

A maintenance logbook entry must also be made. Placarding something inoperative is not a permanent fix — it is a temporary authorization to continue flying until the repair is completed.

Real-World Scenarios

Scenario 1: Second comm radio inoperative, day VFR flight. Is a second comm radio required by the type certificate for most trainers? No. Required by 91.205 for day VFR? No. Required by an AD? Almost certainly not. You can placard it inoperative, deactivate it, and fly.

Scenario 2: Airspeed indicator inoperative, day VFR flight. Is it required by 91.205? Yes — it is explicitly on the list. The airplane does not move until it is fixed.

Scenario 3: Landing light inoperative, night flight (not for hire). Under 91.205(c), a landing light is required only if the aircraft is operated for hire. So technically, flying yourself at night without a landing light is legal. But legal and wise are two different things — flying at night without a landing light is a risk most pilots should not accept.

Scenario 4: Turn coordinator sluggish, day VFR flight. The turn coordinator is not on the 91.205 day VFR required list. The magnetic compass is. The altimeter is. The turn coordinator is not. Placard it, deactivate it, log it, and fly.

Legal vs. Safe: The Fifth Gate That Isn’t in the Regulation

Even when an item passes all four regulatory gates, one question remains: am I comfortable flying without this today, on this route, in this weather?

A broken VOR receiver may not be required for a local day VFR flight. But if you planned to use it as backup navigation for a long cross-country over unfamiliar terrain, the smart move might be to rethink the flight or adjust the route.

This is your pilot-in-command authority under FAR 91.3, and no regulation can make that judgment call for you. Legal and safe are two circles on a Venn diagram — you want to operate in the overlap.

What the Examiner Wants to Hear on the Checkride

On a practical test, the examiner may present a scenario with inoperative equipment. They want to hear you:

Reference FAR 91.213 by name
Walk through the four-gate decision tree systematically
Demonstrate you know the difference between required and merely installed
Show awareness of the placard and deactivation requirements
Acknowledge the safety judgment that goes beyond regulatory compliance

Key Takeaways

FAR 91.213 applies to aircraft without an approved MEL — which includes most Part 91 training and personal aircraft
Walk four gates: type certificate, 91.205/applicable regulations, airworthiness directives, and required equipment lists
If the item fails any single gate, the airplane is grounded until repaired
Items that pass all four gates must be placarded inoperative and deactivated or removed, with a logbook entry
Always apply a personal safety assessment on top of the regulatory decision — PIC authority under FAR 91.3 is yours alone