Narrative:

I own the majority share of an aircraft service and sale company. The other owner is a certified ia mechanic. We have had this company for 11 yrs. During this time, he has been responsible for the maintenance of the aircraft. I have worked along side him and have done much of the work myself, with him signing off on the annuals every year. When I would ask him to show me the logbooks to make sure that the record of the annuals were entered and that he had signed off on the work, he would just say, 'don't worry. I have it done. I'm taking care of it. We'll just say it's a progressive annual.' he has said this many times over the yrs. Due to a falling out, in nov 2002, he moved out of the hangar and wanted to sever all ties with the company and myself. I asked him repeatedly for the logbooks, and he refused to turn them over to me. I was trying to get the logbooks back as part of the lawsuit. In oct/tue/03, I received a phone call from an inspector at the FAA, saying that he had received an anonymous report stating that I had flown the airplane out of annual in oct 2003, and that he would have to investigate. This took me completely by surprise as I had done the work myself and knew that the plane was not out of annual. I told him about my ia, that he was part owner, had flown the plane and had signed off on the annuals through nov 2002, or so I believed. The inspector spoke with the ia and gave him 10 days to provide proof that the plane had been annulled. In nov, I called the inspector and found out that the ia had used the plane on his yearly ia certification requirements form. He gave this form, with the bonanza listed as annulled, to the FAA from 1994-1999, but he could not substantiate that he had done the work. He suggested the documented details of the annuals might be in a file in the hangar. I have looked and can't find these. Therefore, it is possible I have (and the ia has) flown the aircraft out of annual unless the inspection records are found. I believe my ia was the one that sent in the anonymous report, and that he also knew that the logbooks were not updated since 1993 and that 'turning' me into the FAA would be a way to get 'even' with me. This kind of situation is extremely unfortunate and I should have made every effort over the yrs to have access to the logbooks. If you learn nothing else, tell your ia that you want your logbooks to keep. He can have them when he does an annual or does work and then he must return them to you with the information entered, before you pay him!

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Original NASA ASRS Text

Title: A BE35 PLT RPTED THAT HE WAS ACCUSED OF FLYING HIS ACFT PAST ITS ANNUAL INSPECTION.

Narrative: I OWN THE MAJORITY SHARE OF AN ACFT SVC AND SALE COMPANY. THE OTHER OWNER IS A CERTIFIED IA MECH. WE HAVE HAD THIS COMPANY FOR 11 YRS. DURING THIS TIME, HE HAS BEEN RESPONSIBLE FOR THE MAINT OF THE ACFT. I HAVE WORKED ALONG SIDE HIM AND HAVE DONE MUCH OF THE WORK MYSELF, WITH HIM SIGNING OFF ON THE ANNUALS EVERY YEAR. WHEN I WOULD ASK HIM TO SHOW ME THE LOGBOOKS TO MAKE SURE THAT THE RECORD OF THE ANNUALS WERE ENTERED AND THAT HE HAD SIGNED OFF ON THE WORK, HE WOULD JUST SAY, 'DON'T WORRY. I HAVE IT DONE. I'M TAKING CARE OF IT. WE'LL JUST SAY IT'S A PROGRESSIVE ANNUAL.' HE HAS SAID THIS MANY TIMES OVER THE YRS. DUE TO A FALLING OUT, IN NOV 2002, HE MOVED OUT OF THE HANGAR AND WANTED TO SEVER ALL TIES WITH THE COMPANY AND MYSELF. I ASKED HIM REPEATEDLY FOR THE LOGBOOKS, AND HE REFUSED TO TURN THEM OVER TO ME. I WAS TRYING TO GET THE LOGBOOKS BACK AS PART OF THE LAWSUIT. IN OCT/TUE/03, I RECEIVED A PHONE CALL FROM AN INSPECTOR AT THE FAA, SAYING THAT HE HAD RECEIVED AN ANONYMOUS RPT STATING THAT I HAD FLOWN THE AIRPLANE OUT OF ANNUAL IN OCT 2003, AND THAT HE WOULD HAVE TO INVESTIGATE. THIS TOOK ME COMPLETELY BY SURPRISE AS I HAD DONE THE WORK MYSELF AND KNEW THAT THE PLANE WAS NOT OUT OF ANNUAL. I TOLD HIM ABOUT MY IA, THAT HE WAS PART OWNER, HAD FLOWN THE PLANE AND HAD SIGNED OFF ON THE ANNUALS THROUGH NOV 2002, OR SO I BELIEVED. THE INSPECTOR SPOKE WITH THE IA AND GAVE HIM 10 DAYS TO PROVIDE PROOF THAT THE PLANE HAD BEEN ANNULLED. IN NOV, I CALLED THE INSPECTOR AND FOUND OUT THAT THE IA HAD USED THE PLANE ON HIS YEARLY IA CERTIFICATION REQUIREMENTS FORM. HE GAVE THIS FORM, WITH THE BONANZA LISTED AS ANNULLED, TO THE FAA FROM 1994-1999, BUT HE COULD NOT SUBSTANTIATE THAT HE HAD DONE THE WORK. HE SUGGESTED THE DOCUMENTED DETAILS OF THE ANNUALS MIGHT BE IN A FILE IN THE HANGAR. I HAVE LOOKED AND CAN'T FIND THESE. THEREFORE, IT IS POSSIBLE I HAVE (AND THE IA HAS) FLOWN THE ACFT OUT OF ANNUAL UNLESS THE INSPECTION RECORDS ARE FOUND. I BELIEVE MY IA WAS THE ONE THAT SENT IN THE ANONYMOUS RPT, AND THAT HE ALSO KNEW THAT THE LOGBOOKS WERE NOT UPDATED SINCE 1993 AND THAT 'TURNING' ME INTO THE FAA WOULD BE A WAY TO GET 'EVEN' WITH ME. THIS KIND OF SIT IS EXTREMELY UNFORTUNATE AND I SHOULD HAVE MADE EVERY EFFORT OVER THE YRS TO HAVE ACCESS TO THE LOGBOOKS. IF YOU LEARN NOTHING ELSE, TELL YOUR IA THAT YOU WANT YOUR LOGBOOKS TO KEEP. HE CAN HAVE THEM WHEN HE DOES AN ANNUAL OR DOES WORK AND THEN HE MUST RETURN THEM TO YOU WITH THE INFO ENTERED, BEFORE YOU PAY HIM!

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.