C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER A—DEFINITIONS AND GENERAL REQUIREMENTS › PART 3—GENERAL REQUIREMENTS › Subpart A—General Requirements Concerning Type Certificated Products or Products, Parts, Appliances, or Materials That May Be Used on Type-Certificated Products

14 C.F.R. § 3.5

Statements about products, parts, appliances and materials

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(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 § 3.5(b) and § 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.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2007–2021 · leading case: GoJet Airlines, LLC v. Fed. Aviation Admin., 743 F.3d 1168 (8th Cir. 2014).
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GoJet Airlines, LLC v. Fed. Aviation Admin., 743 F.3d 1168 (8th Cir. 2014). “' See 14 C.F.R. § 3.5 (a); Copsey v. NTSB, 993 F.”
United States Ex Rel. Smith v. Boeing Co., 505 F. Supp. 2d 974 (D. Kan. 2007). “Citing 14 CFR § 3.5 . Relators also appear to allege that the defendants failed to comply with obligations to report defects in products or parts that could result in a significant primary structural defect or failure ( 14 CFR § 21.”
Honda Jet Ltd., L.L.C. v. Honda Aircraft Co., LLC (M.D.N.C. 2021). “” 14 C.F.R. § 3.5 (a). 4 Citations herein to Docket Entry pages utilize the CM/ECF footer’s pagination.”
Raab v. Blakely, 370 F. App'x 303 (3rd Cir. 2010). “…DENIED. . "Airworthy” means that "the aircraft conforms to its type design and is in a condition for safe operation.” 14 C.F.R. § 3.5 (a).”
Raab v. Blakely, 370 F. App'x 303 (3rd Cir. 2010). “…DENIED. . "Airworthy” means that "the aircraft conforms to its type design and is in a condition for safe operation.” 14 C.F.R. § 3.5 (a).”
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