Aircraft Salvage Question

[gfeher]

This isn’t a C-170 question per se, but given the brain trust in this group, I’m guessing someone will know the answer. Can the FAA remove the data plate from an aircraft sold by the insurance company at auction (through a salvage company) after an accident? Here’s the situation: A C-172 flipped at my airport (the pilot and only passenger was not hurt). The plane was underinsured, so the insurance company totaled it. The insurance company recently sold it at auction via a salvage company. The buyer has sent payment but title has not passed yet. The plane is significantly damaged but salvageable (in my view). The local FISDO has just indicated that he wants to remove the data plate. Seems to me that would prevent the aircraft from being repaired and would reduce the value of what the buyer is purchasing. Apparently the FISDO has gone back and forth over whether it’s something he should do. Anyone with experience with salvaged aircraft have any thoughts about whether the FISDO can do this?

[Bruce Fenstermacher]

It would be my opinion the Inspector has no authority to remove the plate. They do not have the authority to determine what can and can not be repaired and removing the plate would be detrimental to the value of the salvage again something they have no authority to do. I'd think the insurance company, owner of the salvage, would not be happy and coming after the the Fed who damaged their property.

In any case, if it was my salvage, the Fed would have to show me the FAR which allows him to confiscate the data plate.

[GAHorn]

It sounds as if the local FSDO is desiring the aircraft to be scrapped/destroyed….not to be repaired or sold as salvage. (But FAA normally may not direct the owner to do so.)

The question: “Can the FAA remove the data plate from an aircraft sold by the insurance company at auction (through a salvage company) after an accident?”

Short Answer: No. The dataplate is “property” of the owner. FAA has no authority to confiscate property. (FAA can de-register it but that does not confiscate the dataplate.)

Dataplates are not transferrable. (this was once a popular way to “re-identify” an airframe and is specifically prohibited. Every once in a while we see someone get online and argue this point saying that there are methods whereby a dataplate can be removed and placed on another airframe. That is Specifically Prohibited.)

The only valid reason to remove a dataplae is to repair the section to which it is attached and to re-attach it on the repaired item…OR…if the aircraft is to be totally destroyed/scrapped.
If the aircraft is to be Totally Destroyed / Scrapped (not to be sold as salvage)…. then the data plate must be surrendered to the FAA who must “copy” it and destroy it OR return it to the original manufacturer by certified mail.

The Basis of these statements is found in FAA Order 8100.19 see: https://www.faa.gov/documentLibrary/med ... .pdf#page4

https://www.faa.gov/documentLibrary/med ... .pdf#page4

[gfeher]

Thanks George and Bruce. That’s what I thought too.

[Bruce Fenstermacher]

You know I often wonder what mechanism makes an FAA order, regulatory. And what process must take place to create an FAA order or asked another way, what oversight we the people have of this process.

But as interesting as this research and answer might be, it is off topic.

[gfeher]

Apparently there was no comment period for that order when it issued.

In any event, this FAA powerpoint presentation on the FAA’s website on the topic clearly states on slide 5 that the FAA does not have the legal authority to confiscate a data plate on an aircraft. George’s link lead me to find it.
https://www.faa.gov/sites/faa.gov/files ... rcraft.pdf