New Regulations On False and Misleading Statements About
Aircraft Products, Parts, Appliances and Materials
The FAA has issued a final rule
effective October 17, 2005 which amends FAA regulations to create
additional rules banning certain false or misleading statements
about type-certificated products, and products, parts, appliances
and materials that may be used on type-certificated products.
The FAA says this new rule is necessary to help prevent people
from representing that these items are suitable for use on
type-certificated products when in fact they may not be. The idea
is to provide assurance that aircraft owners and operators, and
persons who maintain aircraft, have factual information on which to
determine whether a product, part, appliance or material may be
used in a given type-certificated product application.
Here are some of the finer points in the new rule, courtesy of
AEA:
REFERENCE: Federal Register dated September 16,
2005 (Volume 70, Number 179) Page 54821
MAJOR HIGHLIGHTS: The following is the new PART
3--GENERAL REQUIREMENTS
Sec. 3.1 Applicability.
(a) This part applies to any person who makes a record
regarding:
(1) A type-certificated product, or
(2) A product, part, appliance or material that may be
used on a type-certificated product.
(b) Section 3.5(b) does not apply to records made under
part 43 of this chapter.
Sec. 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.
Product means an aircraft, aircraft engine, or aircraft
propeller.
Record means any writing, drawing, map, recording, tape,
film, photograph or other documentary material by which information
is preserved or conveyed in any format, including, but not limited
to, paper, microfilm, identification plates, stamped marks, bar
codes or electronic format, and can either be separate from,
attached to or inscribed on any product, part, appliance or
material.
(b) Prohibition against fraudulent and intentionally
false statements. When conveying information related to an
advertisement or sales transaction, no person may make or cause to
be made:
(1) Any fraudulent or intentionally false statement in
any record about the airworthiness of a type-certificated product,
or the acceptability of any product, part, appliance, or material
for installation on a type-certificated product.
(2) Any fraudulent or intentionally false reproduction or
alteration of any record about the airworthiness of any
type-certificated product, or the acceptability of any product,
part, appliance, or material for installation on a
type-certificated product.
(c) Prohibition against intentionally misleading
statements.
(1) When conveying information related to an
advertisement or sales transaction, no person may make, or cause to
be made, a material representation that a type-certificated product
is airworthy, or that a product, part, appliance, or material is
acceptable for installation on a type-certificated product in any
record if that representation is likely to mislead a consumer
acting reasonably under the circumstances.
(2) When conveying
information related to an advertisement or sales transaction, no
person may make, or cause to be made, through the omission of
material information, a representation that a type-certificated
product is airworthy, or that a product, part, appliance, or
material is acceptable for installation on a type-certificated
product in any record if that representation is likely to mislead a
consumer acting reasonably under the circumstances.
(d) The provisions of Sec. 3.5(b) and Sec. 3.5(c) shall
not apply if a person can show that the product is airworthy or
that the product, part, appliance or material is acceptable for
installation on a type-certificated product.
The AEA's Take
The new 14 CFR Part 3 is a critically NEW criterion applicable
to ALL avionics shops and distributors that sell aircraft parts and
accessories. Members are encouraged to read the new standards and
review all sales catalogs for misleading statements.