Flying with inoperative instruments and equipment14 CFR 91.213 Inoperative instruments and equipment
An aircraft with inoperative equipment may take off under an approved Minimum Equipment List, or, for many small non-turbine airplanes without one, under paragraph (d) when the item is not required and has been removed or deactivated and placarded and judged not to be a hazard. A special flight permit under (e) is another option.
By the ATIS Alerts team · Updated October 15, 2026 · Regulation text current as of October 14, 2026. A study aid based on the official regulation text, not legal advice or an FAA interpretation.
At a glance
- With an MEL: an approved MEL, a letter of authorization on board, a records entry and compliance with the MEL conditions (a).
- Without an MEL, (d)(1) covers aircraft such as non-turbine-powered airplanes, gliders and lighter-than-air aircraft.
- The inoperative item must not be required by the type certification VFR-day list, the equipment list or Kinds of Operations Equipment List, 91.205 or another rule, or an airworthiness directive (d)(2).
- The item must be removed (cockpit control placarded, maintenance recorded under 43.9) or deactivated and placarded "Inoperative" (d)(3).
- An appropriately rated pilot or maintenance person must determine the item is not a hazard (d)(4).
In plain English
Section 91.213 answers a common preflight question: can I take off with something broken? Paragraph (a) describes the Minimum Equipment List path. It requires an approved MEL for that aircraft, a letter of authorization from the responsible Flight Standards office carried in the aircraft, an entry in the aircraft records available to the pilot describing the inoperable items, and operation under all the conditions and limitations of the MEL and the letter.
Paragraph (d) covers many small piston airplanes that have no MEL. It applies to operations under Part 91 in a rotorcraft, non-turbine-powered airplane, glider, lighter-than-air aircraft, powered parachute or weight-shift-control aircraft for which a master minimum equipment list has not been developed, and in certain small aircraft for which one has been developed. Under (d) you may take off with inoperative equipment without an MEL only if every condition in (d)(2) through (d)(4) is met.
First, the item must not be part of the VFR-day type certification instruments and equipment, not indicated as required on the aircraft's equipment list or Kinds of Operations Equipment List for the kind of flight, not required by 91.205 or any other rule of Part 91 for that kind of flight, and not required to be operational by an airworthiness directive. Second, it must be removed (with the cockpit control placarded and the maintenance recorded under 43.9) or deactivated and placarded "Inoperative." If deactivation involves maintenance, it must be done and recorded under Part 43. Third, a pilot certificated and appropriately rated under Part 61, or a person certificated and appropriately rated to perform maintenance on the aircraft, must determine that the item does not constitute a hazard.
If those conditions cannot be met, paragraph (e) provides that an aircraft with inoperable instruments or equipment may be operated under a special flight permit issued under 21.197 and 21.199.
Common mistakes
- Stopping at the placard. Under (d), the item must also pass every check in (d)(2) and a hazard determination must be made under (d)(4).
- Checking only 91.205. Paragraph (d)(2) also points to the type certification VFR-day list, the aircraft's equipment list or Kinds of Operations Equipment List, other Part 91 rules and airworthiness directives.
- Forgetting that the check depends on the kind of flight. An item that is not required for a day VFR flight may be required for a night or IFR flight (d)(2)(ii) and (iii).
The official text
14 CFR 91.213 as published on the eCFR, current as of October 14, 2026.
(a) Except as provided in paragraph (d) of this section, no person may take off an aircraft with inoperative instruments or equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that aircraft.
(2) The aircraft has within it a letter of authorization, issued by the responsible Flight Standards office, authorizing operation of the aircraft under the Minimum Equipment List. The letter of authorization may be obtained by written request of the airworthiness certificate holder. The Minimum Equipment List and the letter of authorization constitute a supplemental type certificate for the aircraft.
(3) The approved Minimum Equipment List must—
(i) Be prepared in accordance with the limitations specified in paragraph (b) of this section; and
(ii) Provide for the operation of the aircraft with the instruments and equipment in an inoperable condition.
(4) The aircraft records available to the pilot must include an entry describing the inoperable instruments and equipment.
(5) The aircraft is operated under all applicable conditions and limitations contained in the Minimum Equipment List and the letter authorizing the use of the list.
(b) The following instruments and equipment may not be included in a Minimum Equipment List:
(1) Instruments and equipment that are either specifically or otherwise required by the airworthiness requirements under which the aircraft is type certificated and which are essential for safe operations under all operating conditions.
(2) Instruments and equipment required by an airworthiness directive to be in operable condition unless the airworthiness directive provides otherwise.
(3) Instruments and equipment required for specific operations by this part.
(c) A person authorized to use an approved Minimum Equipment List issued for a specific aircraft under subpart K of this part, part 121, 125, or 135 of this chapter must use that Minimum Equipment List to comply with the requirements in this section.
(d) Except for operations conducted in accordance with paragraph (a) or (c) of this section, a person may takeoff an aircraft in operations conducted under this part with inoperative instruments and equipment without an approved Minimum Equipment List provided—
(1) The flight operation is conducted in a—
(i) Rotorcraft, non-turbine-powered airplane, glider, lighter-than-air aircraft, powered parachute, or weight-shift-control aircraft, for which a master minimum equipment list has not been developed; or
(ii) Small rotorcraft, nonturbine-powered small airplane, glider, or lighter-than-air aircraft for which a Master Minimum Equipment List has been developed; and
(2) The inoperative instruments and equipment are not—
(i) Part of the VFR-day type certification instruments and equipment prescribed in the applicable airworthiness regulations under which the aircraft was type certificated;
(ii) Indicated as required on the aircraft's equipment list, or on the Kinds of Operations Equipment List for the kind of flight operation being conducted;
(iii) Required by § 91.205 or any other rule of this part for the specific kind of flight operation being conducted; or
(iv) Required to be operational by an airworthiness directive; and
(3) The inoperative instruments and equipment are—
(i) Removed from the aircraft, the cockpit control placarded, and the maintenance recorded in accordance with § 43.9 of this chapter; or
(ii) Deactivated and placarded “Inoperative.” If deactivation of the inoperative instrument or equipment involves maintenance, it must be accomplished and recorded in accordance with part 43 of this chapter; and
(4) A determination is made by a pilot, who is certificated and appropriately rated under part 61 of this chapter, or by a person, who is certificated and appropriately rated to perform maintenance on the aircraft, that the inoperative instrument or equipment does not constitute a hazard to the aircraft.
An aircraft with inoperative instruments or equipment as provided in paragraph (d) of this section is considered to be in a properly altered condition acceptable to the Administrator.
(e) Notwithstanding any other provision of this section, an aircraft with inoperable instruments or equipment may be operated under a special flight permit issued in accordance with §§ 21.197 and 21.199 of this chapter.
Test yourself
Practice questions from our free FAA written test prep that cite 14 CFR 91.213.
Commercial Pilot
An aircraft with inoperative equipment and no MEL may be operated under part 91 if the inoperative item is:
- A. not required by the VFR-day type certification requirements, the equipment list or kinds of operations list, an AD, or 91.205, and is removed, or deactivated and placarded INOPERATIVE.
- B. any item the pilot in command judges nonessential for the flight.
- C. repaired within 10 days of the discrepancy.
- D. listed in the aircraft's flight manual as optional equipment.
Show answer
A. not required by the VFR-day type certification requirements, the equipment list or kinds of operations list, an AD, or 91.205, and is removed, or deactivated and placarded INOPERATIVE. 91.213(d) sets up a filter: the item must not be part of the VFR-day type certification requirements, required by the aircraft's equipment list or kinds of operations equipment list, required by 91.205 or another rule for the kind of operation, or required by an airworthiness directive. It must then be removed or deactivated and placarded, and a mechanic or pilot must determine it does not constitute a hazard.
More Commercial Pilot practice →Basic Ground Instructor
An aircraft without a minimum equipment list has an inoperative instrument that is not required by 91.205, the type certificate, or an AD. The aircraft may be flown if the instrument is:
- A. removed or deactivated and placarded 'INOPERATIVE', and a pilot or mechanic determines the condition is not a hazard.
- B. reported to the FAA within 24 hours.
- C. repaired before the next 100-hour inspection, with no other action needed.
- D. simply noted in the aircraft logbook.
Show answer
A. removed or deactivated and placarded 'INOPERATIVE', and a pilot or mechanic determines the condition is not a hazard. 91.213(d) allows flight without an MEL when the item is not required equipment, it is removed or deactivated and placarded, and a proper determination is made that flight is safe. Just writing it in the logbook is not enough: the placard and the hazard determination are the tested steps.
More Basic Ground Instructor practice →
Questions pilots ask
Can I fly with inoperative equipment if my airplane has no MEL?
Under 91.213(d), if the aircraft is one of the types listed in (d)(1), the item is not required by any of the sources in (d)(2), it is removed or deactivated and placarded under (d)(3), and an appropriately rated pilot or maintenance person determines it is not a hazard under (d)(4).
Who decides that an inoperative item is not a hazard?
A pilot who is certificated and appropriately rated under Part 61, or a person certificated and appropriately rated to perform maintenance on the aircraft (91.213(d)(4)).
What if a required instrument is inoperative?
Paragraph (d) does not cover items required under (d)(2). Section 91.213(e) allows an aircraft with inoperable instruments or equipment to be operated under a special flight permit issued in accordance with 21.197 and 21.199.
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Related rules
- 14 CFR 91.205 Required instruments and equipment
- 14 CFR 43.9 Content, form, and disposition of maintenance, preventive maintenance, rebuilding, and alteration records (except inspections performed in accordance with part 91, part 125, § 135.411(a)(1), and § 135.419 of this chapter)
- 14 CFR 91.405 Maintenance required