Direct Answer — §43.5 vs §43.7
Approving an aircraft for return to service after maintenance takes two things, governed by two rules:
- §43.5The conditions. No person may approve a return to service unless (a) the §43.9 or §43.11 record entry has been made; (b) for a major repair or major alteration, the Administrator-furnished repair or alteration form (FAA Form 337 in practice) has been executed as prescribed; and (c) if the work changed operating limitations or flight data in the approved flight manual, those have been revised per §91.9.
- §43.7The authority. Except as provided in §43.7 and §43.17, only the Administrator — or a mechanic/IA per part 65, a repair station per part 145, a manufacturer under §43.3(j), an air carrier under part 121/135, a pilot doing preventive maintenance under §43.3(g), a light-sport repairman, or a sport pilot — may sign that approval.
Sources: 14 CFR §43.5 and §43.7 — eCFR. §43.5 is the checklist of conditions; §43.7 is the list of authorities. A valid return to service satisfies both.
“Approved for return to service” is the single most consequential phrase in an aircraft maintenance record. It is the regulatory act that releases an article back into operation, and it is what an FSDO inspector, a buyer's pre-purchase examiner, and an FAA surveillance audit all trace back through. Two rules govern it, and they are frequently conflated. §43.5 says what must be true; §43.7 says who may say it.
Getting the distinction right matters because the failure modes are different. A §43.5 failure is usually a missing precondition — an unexecuted Form 337 on a major alteration, or a flight manual that was never revised after a limitation changed. A §43.7 failure is an authority problem — the wrong person signed, or signed beyond the scope their certificate permits. FAA civil penalties for recordkeeping and airworthiness violations under 49 U.S.C. § 46301 reach $75,000 per violation under 14 CFR §13.301 (for violations occurring on or after December 30, 2024).
§43.5 — The Three Conditions for Approving a Return to Service
Per 14 CFR §43.5, no person may approve for return to service any aircraft, airframe, aircraft engine, propeller, or appliance that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless all of the following are satisfied. They are jointly necessary — satisfying two does not excuse the third.
The maintenance record entry has been made
§43.5(a)Before any return to service, the maintenance record entry required by §43.9 or §43.11 — as appropriate to the work — must already exist. For maintenance, preventive maintenance, rebuilding, or alteration, that is the §43.9 entry. For an inspection conducted under part 91, part 125, §135.411(a)(1), or §135.419, that is the §43.11 inspection entry. The approval for return to service is not a separate signature floating free of the record — §43.9(a)(4) and the §43.11 certification language are where the approval is documented.
The records this condition produces
The §43.9 entry (description, date, performer name when different from the approver, plus the approving person's signature, certificate number, and kind of certificate) — or the §43.11 inspection entry with type/extent, aircraft total time in service, and the verbatim airworthy-condition certification (or a signed, dated discrepancy list on disapproval).
The Administrator-furnished repair or alteration form has been executed
§43.5(b)For work that requires it — major repairs and major alterations — the repair or alteration form authorized by or furnished by the Administrator must have been executed in a manner prescribed by the Administrator. In FAA practice this is the FAA Form 337, whose execution and disposition §43.9(d) directs through appendix B. A major alteration such as a Supplemental Type Certificate (STC) installation is recorded on a Form 337. This condition is independent of the logbook entry: a major alteration with a complete §43.9 entry but no executed Form 337 does not satisfy §43.5.
The records this condition produces
The executed FAA Form 337 for each major repair or major alteration, disposed of per §43.9(d) and appendix B, with the supporting approved data the major work was performed against. These become §91.417(a)(2) life-of-aircraft records that transfer with the aircraft on sale.
The flight manual / limitations have been revised, if changed
§43.5(c)If a repair or alteration results in any change in the aircraft operating limitations or flight data contained in the approved aircraft flight manual, those operating limitations or flight data must be appropriately revised and set forth as prescribed in §91.9. §91.9 requires operation within the approved flight manual and requires current, approved flight manual content, markings, and placards. An alteration that introduces new limitations is not fully returned to service until the manual, placards, and markings reflect them.
The records this condition produces
The revised approved aircraft flight manual or AFM supplement, revised placards, and revised instrument markings consistent with §91.9 — plus any STC flight manual supplement that introduced the new limitations.
Why §43.5(a) points at both §43.9 and §43.11
§43.5(a) requires “the maintenance record entry required by §43.9 or §43.11, as appropriate.” Which one applies depends on the work. §43.9 covers maintenance, preventive maintenance, rebuilding, and alteration — and §43.9(c) expressly excludes inspections under part 91, part 125, §135.411(a)(1), and §135.419. Those inspections are documented under §43.11 instead, which carries its own airworthy-condition certification language. So a return to service after a magneto replacement rests on a §43.9 entry; a return to service after an annual inspection rests on a §43.11 entry.
Where §43.5 and §43.7 Converge: Major Repairs and Major Alterations
Major work is where the two rules tighten around each other. A major repair or major alteration triggers the §43.5(b) condition (the Form 337 must be executed) and narrows the §43.7 authority (most can only be approved by an IA, a rated repair station, the manufacturer, or an authorized air carrier). The two are designed to travel together: the Form 337 documents that the work was done in a manner and to data approved by the Administrator, and the approving person must hold authority sufficient for that category of work. Whether a given job is major or minor is itself a determination with records consequences — see major vs minor repair/alteration determination.
Valid return to service — STC avionics install
- §43.5(a): §43.9 maintenance entry made — description, date, signature, certificate number, kind of certificate.
- §43.5(b): FAA Form 337 executed and disposed of per §43.9(d) / appendix B; STC and its approved data referenced.
- §43.5(c): AFM supplement, placards, and instrument markings revised per §91.9 for the new limitations.
- §43.7: signed by an IA (§65.95) or a repair station rated for the work (§145), with authority for a major alteration.
Defective — the gaps inspectors find
- Form 337 never executed — §43.5(b) unmet, even though the §43.9 entry looks complete.
- AFM supplement/placards not updated after limitations changed — §43.5(c) unmet.
- A mechanic without an IA signed the major alteration — §43.7 authority exceeded (§65.85 excludes major work).
- Approval references data that was acceptable but not approved for a major alteration — §43.13/§43.5(b) data gap.
A note on STCs, Form 337, and approved data
A Supplemental Type Certificate (STC) installation is a major alteration recorded on a Form 337. The STC and its associated instructions for continued airworthiness supply the approved data the §43.13 performance rules require, and §43.5(b) requires the form to be executed in the manner the Administrator prescribes. The CFR text itself says the major-work form is executed and disposed of “in the manner prescribed in appendix B” (§43.9(d)); the FAA Form 337 is the form used to satisfy that requirement in practice. Describing the form as “Form 337” is FAA practice; the regulatory hook is §43.5(b) plus §43.9(d) and appendix B. For the §43.5(c) limb, when the alteration changes operating limitations or flight data, the approved flight manual content must be revised and set forth per §91.9 — see AFM and AFM supplement records.
Prove every return to service is backed by its required records
FileFlo classifies aviation maintenance documents against the governing CFR — the §43.9/§43.11 entry behind §43.5(a), the Form 337 behind §43.5(b), and the AFM revision behind §43.5(c) — links them to the article and the approving authority, and generates an inspector-format audit binder on demand. See the full Aviation compliance coverage.
The Record Set Behind a Defensible Return to Service
§43.5 and §43.7 are satisfied not by a single signature but by a coordinated set of documents that an inspector can read back to confirm each condition and the signer's authority. The §43.5 approval is documented inside the §43.9 or §43.11 entry; the §43.7 authority is evidenced by the certificate number and kind of certificate in that same entry. Around them sit the data, forms, and program records that make the approval hold up.
The §43.9 / §43.11 entry (satisfies §43.5(a) and evidences §43.7)
The maintenance or inspection record entry is where both rules surface. The §43.9 entry carries the description, date, performer name (when different from the approver), and — under §43.9(a)(4) — the signature, certificate number, and kind of certificate that constitute the return-to-service approval and prove §43.7 authority. For inspections, the §43.11 entry carries the verbatim airworthy-condition certification. This entry is also the operator's record under §91.417 retention from the moment it is made.
FAA Form 337 + approved data (satisfies §43.5(b))
For each major repair or major alteration, the executed Form 337, disposed of per §43.9(d) and appendix B, together with the STC, PMA, or other data approved by the Administrator that the work was performed against under §43.13. A common practical pairing is PMA parts traceability and 8130-3 records supporting the parts installed during the alteration.
Revised AFM, placards, markings (satisfies §43.5(c) via §91.9)
When the work changed operating limitations or flight data, the revised approved flight manual or AFM supplement, revised placards, and revised instrument markings consistent with §91.9. Until these are in place, the §43.5(c) condition is not met — even with a complete entry and Form 337.
Part 145 release + retention (where a repair station signs)
When a repair station approves under §43.7(c), the §145.219 records demonstrating compliance with part 43, the maintenance release provided to the owner or operator, and the 2-year retention all attach to the approval. Note §145.221 (Service Difficulty Reports, 96-hour window) is a separate obligation from the return-to-service approval — see SDR requirements. Repair stations should also keep the work tied to the binder an auditor expects, covered in what inspectors ask for.
Related Part 43, Part 91, and operator-side recordkeeping
- 14 CFR §43.9 — what a maintenance record entry must contain (the §43.5(a) record)
- Major vs minor repair/alteration — the determination that triggers §43.5(b)
- FAA Form 337 — major repair / major alteration records
- Airworthiness directive compliance records — §43.9 entries for AD-mandated work
- Part 91 aircraft records — §91.417 retention and §91.9 flight manual
- Owner/operator maintenance responsibility — §91.405 and the records you keep
- Electronic maintenance records and digital signatures on a return to service
- §43.2 — overhauled vs rebuilt and the records each status requires
How §43.5 / §43.7 Plays Out Across Operators
The same two rules apply everywhere a US-registered article is returned to service, but the authority that signs and the records that surround it differ by operation.
Part 91 owners and corporate flight departments
Most returns to service are signed by an A&P or IA, with the §43.9/§43.11 entry becoming the owner's §91.417 record. The owner does not sign the approval but is responsible for the records that prove it — the airframe, engine, and propeller logs, the Form 337s, and the AFM revisions. See corporate flight department records and Part 91 aircraft records.
Part 145 repair stations
Repair stations approve under §43.7(c) within their ratings, layering the §145.219 release and retention onto every §43.5 approval. The compliance risk is systemic: a missing Form 337 or an out-of-scope approval repeated across work orders produces a systemic finding. See Part 145 recordkeeping and the RSQCM that governs how releases are controlled.
Part 135 and Part 121 air carriers
Air carriers approve under §43.7(e) per their part 121/135 program; operators on a continuous airworthiness maintenance program record and release under that program rather than §43.9(a), per §43.9(b). The §43.5 conditions still apply, and the airworthiness release ties back to the underlying maintenance records. See Part 135 CAMP recordkeeping, what records a Part 135 operator must keep, and how the maintenance picture connects to operational control.
Frequently Asked Questions
What is the difference between 14 CFR §43.5 and §43.7?
They answer two different questions about the same approval-for-return-to-service (RTS) event. 14 CFR §43.5 sets the conditions that must be satisfied before anyone may approve an aircraft, airframe, aircraft engine, propeller, or appliance for return to service after maintenance, preventive maintenance, rebuilding, or alteration: the §43.9 or §43.11 record entry must have been made; for a major repair or major alteration, the repair or alteration form furnished by the Administrator must have been executed; and if the work changed the aircraft operating limitations or flight data in the approved flight manual, those must be revised per §91.9. 14 CFR §43.7 answers who is authorized to give that approval — a mechanic or IA per part 65, a repair station per part 145, a manufacturer under §43.3(j), an air carrier under part 121 or 135, a pilot performing preventive maintenance under §43.3(g), and certain light-sport repairmen and sport pilots. In short: §43.5 is the checklist of conditions; §43.7 is the list of authorities. Both must be satisfied for a valid return to service.
What conditions does §43.5 require before an aircraft can be approved for return to service?
Per 14 CFR §43.5, no person may approve for return to service any aircraft, airframe, aircraft engine, propeller, or appliance that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless three conditions are met. Under §43.5(a), the maintenance record entry required by §43.9 or §43.11, as appropriate, has been made. Under §43.5(b), the repair or alteration form authorized by or furnished by the Administrator has been executed in a manner prescribed by the Administrator — in FAA practice this is the FAA Form 337 used for major repairs and major alterations, whose disposition §43.9(d) prescribes through appendix B. Under §43.5(c), if a repair or alteration results in any change in the aircraft operating limitations or flight data contained in the approved aircraft flight manual, those operating limitations or flight data are appropriately revised and set forth as prescribed in §91.9. All three conditions are jointly necessary — a perfect logbook entry does not cure a missing Form 337 on a major alteration, and a Form 337 does not cure an unrevised flight manual.
Who is authorized to approve an aircraft for return to service under §43.7?
Per 14 CFR §43.7, and except as provided in that section and §43.17, no person other than the Administrator may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service after maintenance, preventive maintenance, rebuilding, or alteration. The persons §43.7 authorizes are: the holder of a mechanic certificate or an inspection authorization, as provided in part 65 (§43.7(b)); the holder of a repair station certificate, as provided in part 145 (§43.7(c)); a manufacturer, for the items it worked on under §43.3(j) (§43.7(d)); the holder of an air carrier or operating certificate under part 121 or 135, as applicable (§43.7(e)); the holder of a pilot certificate authorized under §43.3(g) to perform preventive maintenance (§43.7(f)); the holder of a repairman certificate (light-sport aircraft) with a maintenance rating, as provided in part 65 (§43.7(g)); and the holder of a sport pilot certificate, after preventive maintenance under §43.3(g) (§43.7(h)). The authority is item- and category-specific — a mechanic without an inspection authorization cannot, for example, approve the kind of major repair or major alteration that §65.95 reserves to an IA.
Can an A&P mechanic approve a major repair or major alteration for return to service?
Generally no — that authority is narrower than many operators assume. Under 14 CFR §65.85, a certificated mechanic with an airframe rating may approve for return to service an airframe, or related part or appliance, after maintenance or alteration that it has performed, supervised, or inspected — but that privilege expressly excludes major repairs and major alterations (with a narrow light-sport carve-out in §65.85(b) for products not produced under an FAA approval). The same exclusion structure applies on the powerplant side. For most standard-category aircraft, approving a major repair or major alteration for return to service requires the holder of an inspection authorization under §65.95(a), a repair station rated for the work under part 145, the manufacturer under §43.3(j), or an appropriately authorized air carrier under part 121 or 135. This is why the §43.7 authority and the §43.5(b) Form 337 condition travel together on major work: the form documents that the work was done per data approved by the Administrator, and the approving person must hold authority sufficient for that category of work.
Is the §43.5 return-to-service approval the same thing as the §43.9 logbook entry?
No, though they are tightly linked. The §43.9 (or §43.11) entry is the written record of the work; the §43.5 approval for return to service is the regulatory act that releases the article back to service, and §43.5(a) makes the existence of the §43.9 or §43.11 entry a precondition of that approval. In a §43.9 entry, the approval for return to service is carried by §43.9(a)(4) — the signature, certificate number, and kind of certificate of the person approving the work. In a §43.11 inspection entry, the approval is carried by the verbatim airworthy-condition certification language (or, on disapproval, a signed and dated list of discrepancies). So the entry and the approval are documented in the same record, but they are distinct concepts: §43.9 and §43.11 govern what the record must contain, §43.5 governs the conditions for approving the return to service, and §43.7 governs who may sign that approval.
What records make a return-to-service approval valid and defensible on inspection?
A defensible return to service typically rests on a coordinated record set rather than a single signature. For the §43.5(a) condition: the §43.9 maintenance entry or §43.11 inspection entry, complete with description, date, performer name when different from the approver, and the approving person's signature, certificate number, and kind of certificate. For the §43.5(b) condition on major work: the FAA Form 337 executed and disposed of as §43.9(d) and appendix B prescribe. For the §43.5(c) condition: a revised approved flight manual, placards, and instrument markings consistent with §91.9 when the work changed operating limitations or flight data. Supporting these are the approved or acceptable data the work was performed against under §43.13, any §43.16 airworthiness limitations records, and — where applicable — the §145.219 repair station records and the maintenance release provided to the owner or operator. FileFlo classifies and indexes these documents against the governing CFR so that an approval is provably backed by its required records, but it does not perform maintenance, hold a certificate, or itself approve any aircraft for return to service.
Does §43.5 require the flight manual to be updated, and when?
Yes, when the work changes operating limitations or flight data. Under §43.5(c), if a repair or an alteration results in any change in the aircraft operating limitations or flight data contained in the approved aircraft flight manual, those operating limitations or flight data must be appropriately revised and set forth as prescribed in §91.9. §91.9 in turn requires the aircraft to be operated within its approved flight manual limitations and requires the current, approved flight manual, markings, and placards to be in place. In practice, an alteration such as an avionics upgrade or a Supplemental Type Certificate installation that introduces new limitations may require an AFM supplement, revised placards, and revised instrument markings — and until those are in place, the §43.5(c) condition for return to service is not satisfied even if the maintenance entry and any Form 337 are complete.
How does a Part 145 repair station approve an article for return to service?
Under §43.7(c), a repair station approves an article for return to service as provided in part 145. The repair station's privilege is bounded by its ratings and capability list, and the §43.5 conditions still apply: the §43.9 or §43.11 record entry must be made, any required Form 337 executed for major work, and the flight manual revised under §91.9 if limitations changed. Part 145 layers its own recordkeeping on top: under §145.219 the repair station must keep records demonstrating compliance with part 43 in a format acceptable to the FAA, provide a copy of the maintenance release to the owner or operator, retain the records for at least two years after the article is approved for return to service, and make them available to the FAA and NTSB. Note that §145.221 — distinct from §145.219 — governs Service Difficulty Reports, requiring the repair station to report a serious failure, malfunction, or defect within 96 hours of discovering it; that obligation is separate from the return-to-service approval itself.
Related Aviation Compliance Reading
Part 91.409 Annual Inspection Requirements
The §43.11 inspection entry behind an annual return to service
Inspection Authorization (IA) Renewal Requirements
The §65.95 authority required for major-work approvals
Part 65 Mechanic & Repairman Certificate Records
The certificates that supply §43.7 return-to-service authority
Life-Limited Parts Disposition — §43.10
Disposition records that travel with a returned-to-service article
Airworthiness Directive Compliance Records
§43.9 entries and AD status feeding §91.417(a)(2)
Part 43 Performance Rules & Airworthiness Limitations
§43.13 — the standard the work must meet before approval
Make every return to service provable before the inspector arrives
FileFlo is a compliance document intelligence platform that classifies aviation maintenance records against the governing CFR — the §43.9/§43.11 entry behind §43.5(a), the Form 337 behind §43.5(b), the §91.9 flight-manual revision behind §43.5(c), and the §43.7 authority evidenced by the certificate number and kind of certificate. It tracks expirations, links each approval to its supporting records, generates inspector-format audit binders, and surfaces gaps weeks before an FSDO review. It does not perform maintenance, hold a certificate, or itself approve any aircraft for return to service. Starter $89/month · Professional $299/month · 5-day free trial, no credit card required.