Can You Legally Fly With Inoperative Flaps? A Pilot’s Guide to FAR 91.213

Photo by casper lin on Pexels.com

For most general aviation airplanes, the answer is no — you cannot legally fly with inoperative flaps under Part 91 operations. Even though flaps aren’t on the FAR 91.205 required equipment list for VFR or IFR flight, they’re typically required by the aircraft’s type certificate data sheet (TCDS) and Kinds of Operations Equipment List (KOEL), which makes them mandatory equipment regardless of what the pilot might prefer. Boldmethod’s classic case study — the Tecnam P2006T twin — illustrates exactly this trap, and it’s worth every pilot’s time to understand the four-step decision flowchart behind it.

Here’s how to make the right go/no-go call when something on your aircraft isn’t working — flaps included.

What FAR 91.213 Actually Says

Federal Aviation Regulation 14 CFR 91.213 governs flight with inoperative instruments and equipment under Part 91. The default rule is simple: you cannot take off with inoperative equipment installed unless you meet specific exceptions.

The regulation provides two pathways:

Path 1 — Operate under an approved Minimum Equipment List (MEL). 14 CFR 91.213(a) allows flight with inoperative equipment if the aircraft has an FAA-approved MEL on board, along with a Letter of Authorization (LOA) from the FAA. The MEL specifies which items can be inoperative, under what conditions, and what restrictions apply. Together, the MEL and LOA function as a supplemental type certificate.

Path 2 — Operate under 91.213(d). This is the path most GA pilots actually use. It allows certain Part 91 operators to fly with inoperative equipment without an MEL, provided strict conditions are met. Eligibility under 91.213(d) is limited to non-turbine-powered small airplanes (12,500 pounds or less maximum certificated takeoff weight) and similar small rotorcraft.

If neither pathway applies, the inoperative equipment must be fixed before flight. Period.

The Four-Step Decision Flowchart

When you find inoperative equipment during preflight, FAR 91.213(d) sets a four-step test to determine whether the aircraft is legal to fly. Every test must come back “not required” before you can deactivate, placard, and depart.

Step 1: Is the item required by the aircraft’s Type Certificate Data Sheet (TCDS) or Kinds of Operations Equipment List (KOEL)?

The TCDS is the FAA-issued document that defines the certified configuration of the aircraft. The KOEL, found in the POH, lists what equipment is required for each kind of operation (VFR day, VFR night, IFR day, IFR night). If the item is required by either document for your planned flight, the aircraft is not airworthy with it inoperative.

Step 2: Is the item required by 14 CFR 91.205?

FAR 91.205 lists the minimum equipment required for day VFR, night VFR, and IFR flight under Part 91. Pilots memorize it using mnemonics like ATOMATOFLAMES (Day VFR), FLAPS (Night VFR additions), and GRABCARD (IFR additions). If the inoperative item is on the 91.205 list for your planned flight, you can’t go.

Step 3: Is the item required by an Airworthiness Directive (AD)?

ADs are FAA-mandated maintenance or inspection requirements that apply to specific aircraft, engines, propellers, or components. If an AD requires the item, it must be operational.

Step 4: Is the item required by any other regulation for your operation?

Some operations have additional equipment requirements — examples include ELTs (FAR 91.207), transponders (FAR 91.215), or ADS-B Out (FAR 91.225/227) in certain airspace.

If the answer to all four questions is no, the pilot may deactivate or remove the inoperative item, placard it “INOPERATIVE,” and make a logbook entry. If the answer to any question is yes, the equipment must be repaired before flight.

Why Flaps Usually Fail Step 1

Here’s the trap many pilots fall into. They look at FAR 91.205 and see that flaps aren’t listed. Then they assume that means flaps are optional. They’re not.

Flaps are almost always required by the aircraft’s type certificate and KOEL. Most aircraft are type-certified with flaps as part of the certified configuration, and the KOEL in the POH typically lists flaps as required for all operations. That makes them mandatory under Step 1 — even though they don’t appear in 91.205.

The Boldmethod case study used the Tecnam P2006T twin to illustrate this. Polling readers, 716 said the aircraft could fly with inoperative flaps; 944 said it could not. The 944 were correct. The Tecnam P2006T’s KOEL requires flaps for all flight operations. Without an approved MEL allowing flap inoperability, the aircraft cannot legally take off with flaps inop under Part 91.

The same logic applies to most certified GA aircraft. The Cessna 172, Cessna 182, Piper Cherokee, Cirrus SR22, Beechcraft Bonanza — all have flaps listed as required equipment in their KOELs. None can legally fly with inoperative flaps under 91.213(d).

What About Light Sport and Experimental Aircraft?

Light Sport Aircraft (LSA) and Experimental aircraft operate under different rules.

Experimental aircraft. Operating limitations issued at airworthiness certification define what equipment is required. The standard ATOMATOFLAMES/91.205 list doesn’t apply in the same way. Pilots must consult the aircraft’s specific operating limitations.

Light Sport Aircraft. LSA equipment requirements are typically defined by the aircraft manufacturer in the aircraft’s documentation. Many LSAs have simplified equipment requirements compared to standard-category aircraft, but flaps remain required if listed in the aircraft’s documentation.

In both cases, the underlying principle is the same: if the equipment is required by the document that defines the aircraft’s certified configuration, it can’t be inoperative for flight.

The Practical Process When Equipment Fails

When you find something broken during preflight, the procedure under 91.213(d) is straightforward:

Determine if the item is required. Walk through the four-step flowchart. Check the TCDS, KOEL, 91.205, and applicable ADs. If any of them require the item, the aircraft is grounded until repair.

If not required, deactivate or remove. The item must be physically deactivated or removed so it cannot be inadvertently used or fail in a way that affects flight safety. For an inoperative landing light, you might pull the breaker. For an inoperative position light, you may need a mechanic to disable it.

Placard “INOPERATIVE.” The placard must be visible to the pilot from the normal operating position. Use clear, durable material that won’t fall off in flight.

Make a logbook entry. Document the inoperative item, the date, and the placarding action. The aircraft records must reflect the current configuration.

Determine if a maintenance signoff is required. If the deactivation involves anything beyond a simple action (pulling a circuit breaker, for example), a certificated mechanic may need to perform and document the deactivation.

Common Equipment Failures and Their Outcomes

Here’s how common GA equipment failures typically resolve under 91.213(d):

Landing light. Required by 91.205 only for operations for hire under 91.205(c). For most Part 91 personal flying, a landing light is not required and can be placarded inop. Always check KOEL anyway.

Position lights (nav lights). Required for night flight under 91.205(c). Inoperative position lights ground the aircraft for night operations but may allow day VFR flight if not otherwise required by KOEL.

Vacuum-driven attitude indicator. Required for IFR by 91.205(d). Grounds the aircraft for IFR but may allow day VFR.

Pitot heat. Required for IFR by 91.205(d). Same logic.

Flaps. Almost always required by TCDS/KOEL. Aircraft is grounded for all operations regardless of weather.

One radio (in a two-radio aircraft). Generally not required by 91.205 in non-controlled airspace, but may be required by KOEL or operational requirements. Check the POH.

The MEL Alternative

For aircraft that frequently operate with minor inoperative items — flight schools with high utilization, charter operators, larger GA aircraft — an FAA-approved MEL can provide operational flexibility that 91.213(d) cannot.

An MEL is developed from the manufacturer’s Master Minimum Equipment List (MMEL) and tailored to a specific aircraft tail number. It includes:

A list of items that may be inoperative
The category of repair interval (A, B, C, or D — ranging from “no later than the next flight” to “120 flight days”)
Any operational or maintenance procedures (O and M procedures) required to operate with the item inoperative

MELs require an FAA Letter of Authorization and significant maintenance documentation discipline. They’re not practical for most individual GA owners but are common in commercial and high-utilization GA operations.

The Bottom Line

The single most important takeaway: just because something isn’t on the FAR 91.205 list doesn’t mean it’s optional. The four-step flowchart — TCDS/KOEL, 91.205, ADs, other regulations — applies to every inoperative item, every time.

For flaps specifically, the answer is almost always the same: required by the KOEL, grounded until repair. The Boldmethod Tecnam P2006T case is one example; the principle applies across virtually every certified GA aircraft.

The next time you find something broken during preflight, don’t guess. Pull out the POH, check the KOEL, walk the flowchart, and make the right go/no-go call. Your certificate — and the airworthiness of the aircraft — depends on it.

Frequently Asked Questions

Can you legally fly with inoperative flaps under Part 91? Generally no. While flaps aren’t listed in FAR 91.205, they are almost always required by the aircraft’s Type Certificate Data Sheet (TCDS) and Kinds of Operations Equipment List (KOEL) in the POH. That makes them mandatory equipment under FAR 91.213(d) Step 1. Without an approved Minimum Equipment List (MEL), most certified GA aircraft cannot legally take off with inoperative flaps.

What is the FAR 91.213(d) flowchart? The four-step flowchart determines whether an aircraft is legal to fly with inoperative equipment under Part 91 without an MEL. Step 1: Is the item required by the TCDS or KOEL? Step 2: Is it required by FAR 91.205? Step 3: Is it required by any Airworthiness Directive? Step 4: Is it required by any other regulation for your operation? If any answer is yes, the aircraft is grounded until repair.

What is the difference between FAR 91.205 and a KOEL? FAR 91.205 lists the FAA’s minimum equipment requirements for day VFR, night VFR, and IFR flight under Part 91. The Kinds of Operations Equipment List (KOEL) is found in the aircraft’s POH and lists the manufacturer-defined equipment required for each operating condition. Both must be checked when evaluating inoperative equipment — an item not in 91.205 may still be required by the KOEL.

What is a Minimum Equipment List (MEL)? An MEL is an FAA-approved document that lists which equipment can be inoperative on a specific aircraft, under what conditions, and for how long. It’s developed from the manufacturer’s Master MEL (MMEL) and tailored to a specific tail number. Operating under an MEL requires a Letter of Authorization from the FAA and offers more flexibility than the default 91.213(d) flowchart.

What do I do if I find inoperative equipment during preflight? Work through the FAR 91.213(d) flowchart: check the TCDS/KOEL, FAR 91.205, applicable ADs, and other operational regulations. If the item isn’t required by any of those, deactivate or remove it, placard it “INOPERATIVE” visibly from the pilot’s position, and make a logbook entry. If it’s required, the aircraft is grounded until repaired. When in doubt, consult a mechanic or your CFI.

Sources: