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Top-flight Lawyers For The Business Of Aviation
November 10, 2022

Dynamic Regulatory System (DRS): A Helpful Tool or Sole Means of Communication?

On November 1, 2022, AOPA Pilot Protection Services published Attorney Christopher Poreda’s article “The FAA’s New Dynamic Regulatory System (DRS): A Helpful Tool or Sole Means of Communication?”

“Over the past decade the FAA has increased its use of electronic communication methods substantially.  The Agency use to view communicating electronically with aircraft owners, users, maintainers, and the general public as a convenient additional way to get its message out.  In 2022, in appears, the FAA has decided to cross the electronic Rubicon to now rely solely on electronic communication methods.  That is both great news for General Aviation and very big a problem for General Aviation.  It’s great news in that now aircraft owners and maintainers have near immediate access to the most current information available about the aircraft they operate and maintain.  It’s a problem for some segments of General Aviation since not every owner checks the internet for maintenance updates before flying.  For example, while I worked for the FAA’s Legal Office an oft debated question was the application to the facts of a case the phrase in §43.13, “current manufacturer’s maintenance manual or Instructions for Continued Airworthiness.”  Does that phrase mean the most current manual or ICA the manufacturer has published or the latest version the owner or maintainer possesses?  Owing to the time it takes for a design approval holder to mail a new manual update to “persons required … to comply with any of those instructions” (see, §21.50) which version of the ICA must be followed could materially affect whether the owner or maintainer complied with the rules.  Now, with the advent of the FAA’s new Dynamic Regulatory System or DRS, the agency seems to want everyone to rely exclusively on the DRS for that information – no more mailing of important documents.”

To read the full article, click here.