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The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight...91.3

The owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition, including compliance with part 39 of this chapter...91.403

These are two separate and distinct functions which invokes a checks & balances for aircraft airworthiness.  It is a shared resonsibility...

 

v/r