[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR3.5]



[Page 19]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 3_GENERAL REQUIREMENTS--Table of Contents

 

Sec. 3.5  Statements about products, parts, appliances and materials.



    (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 Sec. 3.5(b) and Sec. 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.



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