Relevant Regulations / Policy / Background

The relavent regulations for this accident deal mainly with maintenance procedures. Birgenair maintenance manuals from this time period could not be found, but typically airlines will adopt the manuals recommended by the manufacturer. The accident report cited that they thought the procedures were not followed with respect to using pitot tube covers nor with respect to return-to-flight maintenance actions.

In the U.S. this would fall under the Code of Federal Regulations (CFR) 14 (Aeronautics and Space) Federal Aviation Regulation (FAR) Part 43, "Maintenance, Preventive Maintenance, Rebuilding and Alteration." Specifically, paragraph 43.5, "Approval for return to serviceafter maintenance, preventive maintenance, rebuilding or alteration.” The companion operational rule is FAR Part 91, "General Operating and Flight Rules,” paragraph 91.407, "Operations after maintenance, preventive maintenance, rebuilding or alteration."

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