Legal Interpretations
Colvin-JPSAviation 2011
Summary
The Question
Is a 100-hour inspection required under 14 CFR 91.409(b) when the student receiving flight instruction provides the aircraft?
Background
JPS Aviation, a flight school, asked whether an aircraft provided by a student for that student's Part 61 flight instruction needs a 100-hour inspection.
The FAA’s Interpretation
No. The 100-hour requirement of 14 CFR 91.409(b) applies when the instructor provides both flight instruction for hire and the aircraft. When the student provides the aircraft, owned or leased, the annual inspection under 14 CFR 91.409(a) applies. If the student does not own it, the FAA may review how it was provided to ensure the instructor, or an entity the instructor represents, did not effectively provide it.
- Requester
- Colvin
- Organization
- JPSAviation
- Issued
- November 10, 2011
- Subjects
- Pilot Certification & Privileges · General Operating & Flight Rules · Maintenance & Repair Stations
Regulations Cited
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
NO'V l tl IJff"
Office of the Chief Counsel
T.L. Colvin, Jr., Flight Schbol Manager
JPS Aviation, LLC
5410 Operations Road
Monroe, LA 71203
Dear Mr. Colvin:
800 Independence Ave., S.W.
Washington , D.C. 20591
This letter responds to your request for a legal interpretation dated June 30, 2011. In your letter, you requested clarification of 14 C.F.R. 91.409, specifically whether a 100-hour inspection is required for an aircraft provided by a student for the purposes of flight instruction under part 61 to that student.
Section 91.409(a), in relevant part, states no person may operate an aircraft unless it has had an annual inspection under part 43 within the preceding 12 calendar months. Section 91.409(b), in relevant part, states "no person may give flight instruction for hire in an aircraft which that person provides" unless it has had an annual or 100-hour inspection under part 43 within the preceding 100 hours of time in service. Section 91.409(c) list four exceptions to the maintenance requirements under paragraphs (a) and (b), but none of these exceptions appears to apply to your question.
The 100-hour inspection requirement applies when the instructor provides both flight instruction for hire and the aircraft used for instruction. This requirement does not apply if the person receiving instruction provides the aircraft. When the person receiving instruction provides the aircraft, the annual inspection requirement under§ 91.409(a) applies. The person receiving instruction could provide an aircraft he or she owns or an aircraft he or she leases. See Legal Interpretation to Berry Rackers (May 3, 1984) (interpreting§ 91.169(b), the predecessor to§ 91.409(b)). However, if the person receiving instruction does not own the aircraft, the FAA may review the manner by which that person provided the aircraft to ensure the instructor, or an entity represented by the instructor, did not effectively provide the aircraft.
This response was prepared by Robert Hawks, an Attorney in the Regulations Division of the Office of Chief Counsel, and coordinated with the General Aviation and Commercial Division of Flight Standards Service. We hope this response has been helpful to you. If you
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have additional questions regarding this matter, please contact us at your convenience at (202) 267-3073.
Sincerely,
R!:;~s~Assistant Chief Counsel for Regulations, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.