FAR ninety-one dot two thirteen and what you are actually allowed to fly with when something on the panel is broken

FAR 91.213 governs what happens when you find broken instruments or equipment during preflight. For most general aviation airplanes without a Minimum Equipment List (MEL), the regulation provides a four-step decision tree: check the type certificate, airworthiness directives, applicable regulations like 91.205, and operational necessity. If the inoperative item clears all four checks, you can fly after placarding and deactivating it. If it fails any one, the airplane stays on the ground for that type of operation.

What Are the Two Paths Under FAR 91.213?

The regulation creates two distinct paths depending on whether the airplane has an approved Minimum Equipment List (MEL).

Path one applies to aircraft with an MEL. Airlines, Part 135 operators, and some corporate flight departments use MELs. These documents are operator-specific, derived from the manufacturer’s Master Minimum Equipment List, and approved by the local Flight Standards District Office (FSDO). The MEL spells out exactly which items can be inoperative, under what conditions, and for how long. If your airplane has one, follow it.

Path two applies to aircraft without an MEL, which includes the vast majority of the training fleet. Most Cessna 172s and Piper Cherokees at flight schools do not have an approved MEL. This is the path private pilot students need to know for the checkride and for everyday general aviation flying.

What Is the Four-Step Decision Tree for Aircraft Without an MEL?

When something is broken and no MEL exists, run these four checks in order. If the item fails any single check, the airplane cannot fly for that type of operation.

Step 1: Is the item required by the type certificate? Check the Kinds of Operations Equipment List (KOEL) in the Pilot Operating Handbook. The KOEL specifies what equipment is required for day VFR, night VFR, and IFR flight. If the broken item appears on that list for your intended operation, the airplane is not airworthy. Stop here.

Step 2: Is the item required by an airworthiness directive? ADs are mandatory. If an AD requires the equipment to be installed and operational, and it is not, the airplane cannot fly.

Step 3: Is the item required by FAR 91.205 or another applicable regulation? FAR 91.205 lists required instruments and equipment for day VFR, night VFR, and IFR flight. For day VFR, the commonly taught mnemonic is ATOMATOFLAMES: airspeed indicator, tachometer, oil pressure gauge, manifold pressure gauge (if applicable), altimeter, temperature gauge (liquid-cooled engines), oil temperature gauge, fuel quantity gauge for each tank, landing gear position indicator (retractable gear), anti-collision lights, magnetic compass, ELT, and seatbelts. If the broken item is on the list for your type of flight, the airplane stays on the ground.

Step 4: Is the item necessary for the specific operation you’re conducting? This is a judgment call under your pilot-in-command authority. Even if an item passes the first three checks, consider whether you genuinely need it for the flight you’re planning.

What Do You Have to Do Before Flying With an Inoperative Item?

If the item clears all four checks, two actions are required before departure:

1. Placard the item as inoperative. Place a visible label on or near it so no one attempts to use it.
2. Deactivate or remove the item. Pull and collar the circuit breaker, or physically remove the equipment if applicable. The goal is to prevent anyone from relying on something that does not work.

How Does This Work in Practice?

Scenario 1: Inoperative attitude indicator on a Cessna 172, day VFR flight. Check the KOEL. On most Cessna 172s, the attitude indicator is listed as required equipment for all operations. The decision stops at step one. The airplane is not airworthy until it is repaired.

Scenario 2: Dead number-two comm radio on a Cessna 172, day VFR flight. The airplane has two comm radios, but most training aircraft only require one. Check the KOEL — a second comm radio is typically not required. No AD likely applies. FAR 91.205 does not require communication radios for basic day VFR. If your planned operation does not specifically demand a second radio, you placard it, pull the breaker, and fly legally.

Why Does the Type of Flight Change Everything?

A common checkride trap involves changing the type of operation mid-scenario. An item that passes the day VFR check may fail the night VFR check.

Night VFR adds requirements under 91.205: position lights, an anti-collision light system, a source of electrical energy, and spare fuses (if the airplane uses fuses). IFR operations expand the list further. Always run the four-step process against the actual flight you are planning, not just the simplest category.

When Should You Cancel Even If It’s Legal to Fly?

Legal and smart are not the same thing. A single comm radio on a 300-mile cross-country through multiple airspace types means zero backup if that radio fails. FAR 91.3 gives you final authority as pilot in command, and sometimes the right call is to postpone even when 91.213 says you could go.

The regulation defines the minimum. Your judgment fills in the rest.

What Should You Do After Placarding an Inoperative Item?

Beyond the regulatory requirements, notify the people who need to know. If you rent from a flight school, tell dispatch. Tell the mechanic. Make a note in the aircraft maintenance records. The next pilot will need to run the same decision tree, and they deserve accurate information. Communication on the ground prevents surprises in the air.

Where Can You Review This in Detail?

The FAA covers this topic in Advisory Circular 43-12 and in the Pilot’s Handbook of Aeronautical Knowledge chapter on aircraft systems and airworthiness. Both are available free on the FAA website.

Key Takeaways

• FAR 91.213 provides a structured four-step process for deciding whether to fly with inoperative equipment: type certificate, ADs, 91.205/applicable regulations, and operational necessity.
• Most GA training aircraft do not have an MEL, so you must use the four-step decision tree rather than relying on a pre-approved list.
• Always run the checks against your actual planned flight type — day VFR, night VFR, and IFR each have different required equipment lists.
• If the item passes all four checks, placard it as inoperative and deactivate or remove it before flying.
• Legal does not always mean smart — use PIC authority under FAR 91.3 to make the final judgment call based on the full context of your flight.