FAR ninety-one dot two thirteen and the question every pilot asks — can I fly with this broken?

FAR 91.213 governs whether you can legally fly an aircraft with inoperative equipment. The regulation establishes a systematic, four-step decision process — not a judgment call — that every pilot should know cold. If an aircraft lacks an approved Minimum Equipment List (MEL), you must verify the broken item clears four regulatory “gates” before departing.

What Is FAR 91.213 and Why Does It Matter?

FAR 91.213 answers the most common ramp-side question in aviation: something is broken — can I still fly? The regulation provides a structured flowchart of yes-or-no questions that replace guesswork with a repeatable process.

The first question is simple: does the aircraft have an approved Minimum Equipment List (MEL)? An MEL is an FAA-approved document specific to that aircraft that spells out which equipment can be inoperative and under what conditions. Airlines and many Part 135 operators carry them. Most flight school trainers and small general aviation aircraft do not.

Without an MEL, the regulation moves you into a four-gate evaluation.

What Are the Four Gates of the Inoperative Equipment Decision?

The broken item must pass through all four gates. Failing any single one grounds the aircraft for that type of operation.

Gate 1 — Is the item on the aircraft’s equipment list? Every aircraft has an equipment list in its Type Certificate Data Sheet or Pilot’s Operating Handbook (POH). If the broken item isn’t listed there, you can move forward. If it is, proceed to Gate 2.

Gate 2 — Is it required by FARs for your type of flight? This is where FAR 91.205 applies. For day VFR, the required instruments and equipment are commonly memorized with the mnemonic A TOMATO FLAMES: airspeed indicator, tachometer, oil pressure gauge, manifold pressure gauge (if applicable), altimeter, temperature gauge (liquid-cooled engines), oil temperature gauge, magnetic compass, anti-collision lights (if certificated after 3/11/96… see Gate 4 nuance), fuel gauge for each tank, landing gear position indicator (retractable gear), ELT, and seatbelts. If the item is on the 91.205 required list for your planned flight, the aircraft is grounded. No exceptions without an MEL.

Gate 3 — Is it required by an Airworthiness Directive (AD)? ADs are mandatory safety directives issued by the FAA for specific aircraft or components. If an AD requires the item to be operational, you cannot fly until it’s repaired. Check the aircraft’s AD compliance records or consult your mechanic.

Gate 4 — Is it required by any other regulation for your specific flight? This is the catch-all. A transponder may be required under FAR 91.215 for certain airspace. Position lights are required for night operations. An ELT is required under FAR 91.207. If any regulation mandates the equipment for your planned operation, you’re grounded.

How Do You Apply the Four Gates? Real Examples

Broken rotating beacon (day VFR, post-1996 Cessna 172): The beacon is on the equipment list (Gate 1 — continue). It’s not explicitly listed in 91.205’s day VFR requirements (Gate 2 — continue). No AD likely requires it (Gate 3 — continue). However, FAR 91.209 requires an approved anti-collision light system for aircraft certificated after March 11, 1996. Most training 172s fall into this category. Gate 4 stops you. The aircraft is grounded.

One important nuance: 91.209 does allow a pilot in command to turn off anti-collision lights during flight if they create a safety hazard. That authority applies to operations in flight, not to departing with a broken light.

Inoperative #2 comm radio (day VFR, Cessna 172 with two radios): On the equipment list (Gate 1 — continue). FAR 91.205 requires the ability to communicate by radio but does not require two radios (Gate 2 — continue). No AD likely applies (Gate 3 — continue). With the #1 radio working, no other regulation requires a second (Gate 4 — pass). Placard it inoperative and go fly.

Stuck fuel gauge on the left tank: On the equipment list (Gate 1 — continue). FAR 91.205 explicitly requires a fuel quantity indicator for each tank for all flight operations — day VFR, night VFR, and IFR. Gate 2 stops you immediately. The aircraft does not fly until the gauge is repaired or an approved MEL addresses it.

This isn’t just a legal issue. Without a working fuel gauge, you lose situational awareness over one of the aircraft’s most critical systems. Fuel exhaustion remains one of the leading causes of general aviation accidents.

What Do You Do After the Item Passes All Four Gates?

If the inoperative item clears every gate, two things must happen before departure:

1. Deactivate or remove the item (you or a mechanic).
2. Placard it as inoperative. A piece of masking tape labeled “INOPERATIVE” placed next to the instrument or switch is standard practice. This alerts the next pilot not to rely on it.

An appropriate logbook entry should also be made.

What If You’re Stuck at a Remote Airport With a Broken Aircraft?

FAR 91.213 allows for a special flight permit (sometimes called a ferry permit) to fly the aircraft to a location where repairs can be made. This requires contacting your local Flight Standards District Office (FSDO) and obtaining specific approval. It is not casual, not for training flights, and not something you self-authorize.

What’s the Difference Between Inoperative and Missing Equipment?

Inoperative means equipment that was installed and is now broken — this is what 91.213 covers. Missing means equipment that was never installed. If a piece of equipment was never part of the aircraft and isn’t required for your type of flight, it’s a different situation entirely. You can’t have an “inoperative” item that was never there. This distinction matters most with older aircraft that lack equipment standard on newer models.

How Does FAR 91.213 Come Up on the Private Pilot Checkride?

The Airman Certification Standards (ACS) lists regulations as a required knowledge area. Examiners commonly present inoperative equipment scenarios and expect you to walk through the 91.213 process step by step — not just give a yes-or-no answer.

Demonstrating that you can reference 91.213, check 91.205, and systematically work the four gates shows the examiner you think like a pilot, not someone who guesses and hopes for the best.

Key Takeaways

• No MEL? Use the four gates: equipment list, 91.205 required equipment, Airworthiness Directives, and any other applicable regulation.
• All four gates must be cleared. Failing any single one grounds the aircraft for that operation.
• Placard and log every inoperative item before flight.
• Know the 91.205 mnemonic (A TOMATO FLAMES) — it’s the gate that catches most scenarios.
• When in doubt, don’t go. No pilot has ever regretted canceling a flight over an uncertain aircraft.