Revised Laws of Saint Lucia (2023)

PART 5
AIRWORTHINESS

5.1   GENERAL

5.1.1.1   Applicability

1.  

   This Part contains the requirements for—

   1.  

      (a)     certification of aircraft and aeronautical components;

   1.  

      (b)     issuance of Airworthiness Certificates and other certifications for aeronautical products;

   1.  

      (c)     continued airworthiness of aircraft and aeronautical components;

   1.  

      (d)     rebuilding and modifications of aircraft and aeronautical components;

   1.  

      (e)     maintenance and preventive maintenance of aircraft and aeronautical components;

   1.  

      (f)     aircraft inspection requirements; and

   1.  

      (g)     air operator aircraft maintenance and inspection requirements.

5.1.1.2   Definitions

1.  

   For the purpose of this Part, the following definitions shall apply—

   1.  

      “Duplicate Inspection” means an inspection first made and certified by one qualified person and subsequently made and certified by a second qualified person;

   1.  

      “Control System” means a system by which the flight path, attitude or propulsive force of an aircraft is changed, including the flight, engine and propeller controls, the related system controls and the associated operating mechanisms;

   1.  

      “Major modification” shall have the meaning given to it in IS: 5.1.1.2(a)(3);

   1.  

      “Major repair” shall have the meaning given to it in IS: 5.1.1.2(a)(4);

   1.  

      “Modification” means the alteration of an aircraft/aeronautical product in conformity with an approved standard;

   1.  

      “Preventative maintenance” shall have the meaning given to it in IS: 5.1.1.2(a)(5);

   1.  

      “Overhaul” means the restoration of an aircraft/aeronautical product using methods, techniques, and practices acceptable to the Authority, including:

      1.  

         (a)     disassembly, cleaning, and inspection as permitted, repair as necessary, and reassembly; and

      1.  

         (b)     tested in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the State of Design, holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under Parts Manufacturing Authorisation (PMA) or Technical Standard Order (TSO);

   1.  

      “Rebuild” means the restoration of an aircraft/aeronautical product by using methods, techniques, and practices acceptable to the Authority, when it has been—

      1.  

         (a)     disassembled;

      1.  

         (b)     cleaned;

      1.  

         (c)     inspected as permitted;

      1.  

         (d)     repaired as necessary;

      1.  

         (e)     reassembled; and

      1.  

         (f)     tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits.

This work will be performed by only the manufacturer or an organization approved by the manufacturer, and authorised by the State of Registry;

1.  

   “State of Design” means the Contracting State which approved the original type certificate and any subsequent supplemental type certificates for an aircraft, or which approved the design of an aeronautical product or an appliance;

1.  

   “State of Manufacture” means the Contracting State, under whose authority an aircraft was assembled, approved for compliance with the type certificate and all extant supplemental type certificates, test flown and approved for operation. The state of manufacture may or may not also be the state of design;

1.  

   “State of Registry” means the Contracting State on whose register the aircraft is entered;

1.  

   “Vital Point” means any point on an aircraft at which a single mal-assembly could lead to catastrophe, or result in loss of an aircraft or in fatalities.

5.1.1.3   Acronyms

1.  

   The following acronyms are used in Part 5:

   1.  

      (a)     AOC – Air Operator Certificate (Civil Aviation Law);

   1.  

      (b)     AMO – Approved Maintenance Organisation (Part 1);

   1.  

      (c)     MEL – Minimum Equipment List (Part 1);

   1.  

      (d)     PIC – Pilot in command (Part 1);

   1.  

      (e)     TSO – Technical Standard Order.

5.2   AIRCRAFT AND COMPONENT ORIGINAL CERTIFICATION

5.2.1.1   Applicability

1.  

   (1)     This Section describes the procedures and designation of applicable rules for original certification of an aircraft and related aeronautical products.

1.  

   (2)     The Authority shall hold this Subpart reserved until such time as it has received an application for Type Certificates, Production Certificates or other related approvals.

1.  

   (3)     An applicant for a production certificate for any aircraft or aeronautical product thereof for manufacture in Saint Lucia shall comply with the type certificate as required by the State of Design for approval.

1.  

   (4)     At such time as the application for production is presented the Authority shall make available suitable regulations or provisions for the issuance of an airworthiness certificate, or airworthiness document as appropriate for the product concerned.

5.3   SUPPLEMENTAL TYPE CERTIFICATES

5.3.1.1   Applicability

1.  

   This Section prescribes procedural requirements for the issue of supplemental type certificates.

5.3.1.2   Issuance of a Supplemental Type Certificate

1.  

   (1)     Any person who alters a product by introducing a major change in type design, not great enough to require a new application for a type certificate, shall apply for a Supplemental Type Certificate, or equivalent, to the regulatory agency of the State of Design that approved the type certificate for that product, or to the State of Registry of the aircraft.

1.  

   (2)     The person referred to under section (1) shall apply in accordance with the procedures prescribed by that State.

5.4   AIRWORTHINESS CERTIFICATES

5.4.1.1   Applicability

1.  

   This Section prescribes procedures required for the issue of airworthiness certificates.

5.4.1.2   Eligibility

1.  

   (1)     A registered owner or the agent of a registered owner of an aircraft registered in Saint Lucia shall apply for an airworthiness certificate for that aircraft.

1.  

   (2)     An applicant for an airworthiness certificate under part (1) shall apply in a form and manner that is acceptable to the Authority.

5.4.1.3   Classifications of Airworthiness Certificates

1.  

   (1)     Standard Airworthiness Certificates shall be issued for aircraft in the specific category and model designated by the State of Design in the type certificate.

1.  

   (2)     The Authority may issue a Special Airworthiness Certificate in the form of a restricted certificate or special flight permit.

5.4.1.4   Amendment of Airworthiness Certificate

1.  

   The Authority may amend or modify an Airworthiness Certificate:

   1.  

      (a)     upon application from an operator; or

   1.  

      (b)     on its own initiative.

5.4.1.5   Transfer or Surrender of Airworthiness Certificate

1.  

   (1)     An owner of an aircraft shall transfer an Airworthiness Certificate—

   1.  

      (a)     to the lessee upon lease of an aircraft within or outside Saint Lucia; or

   1.  

      (b)     to the buyer upon sale of the aircraft within Saint Lucia.

1.  

   (2)     An owner shall surrender the Airworthiness Certificate for the aircraft to the issuing Authority upon sale of that aircraft outside of Saint Lucia.

5.4.1.6   Effective Dates of Airworthiness Certificate

1.  

   (1)     Airworthiness Certificates are effective as follows unless sooner surrendered, suspended or revoked, or a special termination date is otherwise established by the Authority—(See IS: 5.4.1.6)

   1.  

      (a)     a special flight permit is valid for the period of time specified in the permit;

   1.  

      (b)     a Certificate of Airworthiness shall be renewed or shall remain valid, subject to the laws of the State of Registry, provided that the State of Registry shall require that the continuing airworthiness of the aircraft shall be determined by a periodical inspection at appropriate intervals having regard to lapse of time and type of service.

1.  

   (2)     When an aircraft imported for registration in Saint Lucia has a Certificate of Airworthiness issued by another Contracting State, Saint Lucia may, as an alternative to issuance of its own Certificate of Airworthiness, establish validity by suitable authorisation to be carried with the former Certificate of Airworthiness accepting it as the equivalent of a Certificate of Airworthiness issued by Saint Lucia.

1.  

   (3)     The validity of the authorisation under paragraph (2) shall not extend beyond the period of validity of the Certificate of Airworthiness or one year, whichever is less.

5.4.1.7   Aircraft Identification

1.  

   An applicant for an airworthiness certificate shall show that the aircraft is properly registered and marked, and includes at least one fireproof identification plate in accordance with Part 4.3.1.10

5.1.1.8   Issue of Standard Airworthiness Certificates

1.  

   (1)     The Authority shall issue a Standard Airworthiness certificate if—

   1.  

      (a)     the applicant presents evidence to the Authority that the aircraft conforms to a type design approved under a type certificate or a supplemental type certificate and to the applicable Airworthiness Directives of the State of Manufacture;

   1.  

      (b)     the aircraft has been inspected in accordance with the performance rules of this regulation for inspections and found airworthy by persons authorised by the Authority to make such determinations within the last 30 calendar days; and

   1.  

      (c)     the Authority finds after an inspection that the aircraft conforms to type design and is in condition for safe operation.

1.  

   (2)     The Authority may validate an airworthiness certificate issued by another Contracting State upon registration of the aircraft in Saint Lucia. The validity of the validation shall not extend beyond the period of validity of the airworthiness certificate or one year, whichever is less.

5.4.1.9   Airworthiness Directives

1.  

   (1)     Upon registration of an aircraft in Saint Lucia, the Authority shall notify the State of Design of the aircraft of the registration in Saint Lucia, and request that the Authority receives any and all airworthiness directives addressing that aircraft, airframe, aircraft engine, propeller, appliance or component part.

1.  

   (2)     Whenever the State of Design or State of Manufacture considers that a condition in an aircraft, airframe, aircraft engine, propeller, appliance, or component part is unsafe as shown by the issuance of an airworthiness directive by that State, the requirements of such directives shall apply to Saint Lucia registered civil aircraft of the type identified in that airworthiness directive.

1.  

   (3)     The Authority shall identify manufacturer's service bulletins and other sources of data, or develop and prescribe inspections, procedures and limitations, for mandatory compliance pertaining to affected aircraft in Saint Lucia.

1.  

   (4)     A person shall not operate any civil aircraft registered in Saint Lucia to which the measures of this subsection apply, except in accordance with the applicable directives.

5.4.1.10   Commercial Air Transport

1.  

   The Authority shall consider an airworthiness certificate valid for commercial air transport only when the aircraft is operated in accordance with a valid AOC issued by the State of the Operator.

5.4.1.11   Issue of Special Airworthiness Certificates

1.  

   (1)     The Authority may issue a Special Airworthiness Certificate to the aircraft that does not qualify for a Standard Certificate.

1.  

   (2)     Aircraft holding Special Airworthiness Certificates shall be subject to operating limitations within Saint Lucia and may not make international flights. The Authority shall issue specific operating limitations for each Special Airworthiness Certificate.

1.  

   (3)     The Authority shall issue specific operating limitations for each Special Airworthiness Certificate.

1.  

   (4)     The Authority may issue Special Flight Permits to an aircraft that is capable of safe flight, but unable to meet applicable airworthiness requirements, for the purpose of—

   1.  

      (a)     flying to a base where repairs, modifications, maintenance, or inspections are to be performed, or to a point of storage;

   1.  

      (b)     testing after repairs, modifications, or maintenance have been performed;

   1.  

      (c)     delivering or exporting the aircraft;

   1.  

      (d)     evacuating aircraft from areas of impending danger;

   1.  

      (e)     operating at weight in excess of the aircraft's maximum Certified Takeoff Weight for flight beyond normal range over water or land areas, where adequate landing facilities or appropriate fuel is not available and the excess weight is limited to additional fuel, fuel-carrying facilities and navigation equipment necessary for the flight; and

   1.  

      (f)     ferry Flights for any purpose. In cases of damage sustained to an aircraft, the Authority will determine the airworthiness of the aircraft. If damage is sustained when an aircraft is in the territory of another State, the authorities of that state shall be entitled to prevent the aircraft from resuming its flight, on the condition that they shall advise the OECS DCA immediately.

1.  

   (5)     A permit issued under this paragraph is an authorisation, including conditions and limitations for flight, which is set forth in the AOC holder's specific operating provisions. This permit under this paragraph may be issued to an AOC holder certificated under Part 9.

1.  

   (6)     In the case of Special Flight Permits, the Authority shall require a properly executed maintenance endorsement in the aircraft permanent record by a person or organisation, authorised in accordance with this Part and Part 6, stating that the subject aircraft has been inspected and found to be safe for the intended flight.

1.  

   (7)     The operator shall obtain all required overflight authorisations from countries to be overflown on flights outside Saint Lucia.

5.4.1.12   AIRCRAFT NOISE CERTIFICATION

1.  

   (1)     Noise certification of an aircraft shall be granted by the Authority on the basis of satisfactory evidence that the aircraft complies with requirements specified in IS: 5.4.1.12.

1.  

   (2)     When an aircraft imported for registration in Saint Lucia has a Noise Certificate issued by another Contracting State, Saint Lucia may, as an alternative to issuance of its own Noise Certificate, establish validity by suitable authorisation to be carried with the former Noise Certificate, accepting it as the equivalent of a Noise Certificate issued by Saint Lucia.

5.5   CONTINUED AIRWORTHINESS OF AIRCRAFT AND COMPONENTS

5.5.1.1.   Applicability

1.  

   This Section prescribes rules governing the continued airworthiness of civil aircraft registered in Saint Lucia, whether operating inside or outside the borders of Saint Lucia.

5.5.1.2   Responsibility

1.  

   An owner or a lessee of an aircraft shall be responsible for maintaining the aircraft in an airworthy condition by ensuring that—

   1.  

      (a)     all maintenance, overhaul, modifications and repairs which affect airworthiness are performed as prescribed by the State of Registry;

   1.  

      (b)     maintenance personnel make appropriate entries in the aircraft maintenance records certifying that the aircraft is airworthy;

   1.  

      (c)     the approval for return to service (maintenance release) is completed to the effect that the maintenance work performed has been completed satisfactorily and in accordance with the prescribed methods; and

   1.  

      (d)     in the event there are open discrepancies, the maintenance release includes a list of the uncorrected maintenance items and these items are made a part of the aircraft permanent record.

5.5.1.3   General

1.  

   (1)     A person shall not perform any maintenance, preventive maintenance, or modifications on an aircraft other than as prescribed in this regulation.

1.  

   (2)     A person shall not operate an aircraft for which a manufacturer's maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitation section unless the:

   1.  

      (a)     mandatory replacement times;

   1.  

      (b)     inspection intervals; and

   1.  

      (c)     related procedures specified in that section or alternative inspection intervals and related procedures set forth in the specific operating provisions approved under part 9, or in accordance with the inspection program approved under Part 8,

1.  

   have been complied with.

   1.  

      (3)     A person shall not operate an aeronautical product to which an Airworthiness Directive applies, issued either by the State of Design, State of Manufacture or by the State of Registry for aircraft operated within Saint Lucia, except in accordance with the requirements of that Airworthiness Directive.

   1.  

      (4)     When the Authority determines that an airframe or aeronautical product has exhibited an unsafe condition and that condition is likely to exist or to develop in other products of the same type design, the Authority shall issue an Airworthiness Directive prescribing inspections and the conditions and limitations, if any, under which those products may continue to be operated.

5.5.1.4   Reporting of Failures, Malfunctions, and Defects

1.  

   (1)     An owner or an operator of an aircraft shall report to the Authority any failures, malfunctions, or defects that may result in at least the following—

   1.  

      (a)     fires during flight and whether the related fire-warning system properly operated;

   1.  

      (b)     fires during flight not protected by a related fire-warning system;

   1.  

      (c)     false fire warning during flight;

   1.  

      (d)     an engine exhaust system that causes damage during flight to the engine, adjacent structure, equipment, or components;

   1.  

      (e)     an aircraft component that causes accumulation or circulation of smoke, vapour, or toxic or noxious fumes in the crew compartment or passenger cabin during flight;

   1.  

      (f)     engine shutdown during flight because of flameout;

   1.  

      (g)     engine shutdown during flight when external damage to the engine or aircraft structure occurs;

   1.  

      (h)     engine shutdown during flight due to foreign object ingestion or icing;

   1.  

      (i)     shutdown during flight of more than one engine;

   1.  

      (j)     a propeller feathering system or ability of the system to control overspeed during flight;

   1.  

      (k)     a fuel or fuel-dumping system that affects fuel flow or causes hazardous leakage during flight;

   1.  

      (l)     an unintended landing gear extension or retraction, or opening or closing of landing gear doors during flight;

   1.  

      (m)     brake system components that result in loss of brake actuating force when the aircraft is in motion on the ground;

   1.  

      (n)     aircraft structure that requires major repair;

   1.  

      (o)     cracks, permanent deformation, or corrosion of aircraft structure, if more than the maximum acceptable to the manufacturer or the Authority;

   1.  

      (p)     aircraft components or systems malfunctions that result in taking emergency actions during flight (except action to shut down an engine);

   1.  

      (q)     each interruption to a flight, unscheduled change of aircraft en route, or unscheduled stop or diversion from a route, caused by known or suspected technical difficulties or malfunctions;

   1.  

      (r)     any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure;

   1.  

      (s)     a failure or malfunction of more than one attitude, airspeed, or altitude instrument during a given operation of the aircraft;

   1.  

      (t)     the number of engines removed prematurely because of malfunction, failure or defect, listed by make and model and the aircraft type in which it was installed; or

   1.  

      (u)     the number of propeller featherings in flight, listed by type of propeller and engine and aircraft on which it was installed.

1.  

   (2)     A report required by this Subsection shall—

   1.  

      (a)     be made within 3 days after determining that the failure, malfunction, or defect required to be reported has occurred; and

   1.  

      (b)     include as much of the following information as is available and applicable—

      1.  

         (i)     aircraft serial number,

      1.  

         (ii)     when the failure, malfunction, or defect is associated with an article approved under a TSO authorisation, the article serial number and model designation, as appropriate,

      1.  

         (iii)     when the failure, malfunction or defect is associated with an engine or propeller, the engine or propeller serial number, as appropriate,

      1.  

         (iv)     product model,

      1.  

         (v)     identification of the part, component, or system involved, including the part number, and

      1.  

         (vi)     nature of the failure, malfunction, or defect.

1.  

   (3)     The Authority, of the State of Registry of the aircraft, shall submit all such reports upon receipt to the State of Design.

1.  

   (4)     The Authority, if not the State of Registry of the aircraft, will submit all such reports upon receipt to the State of Registry.

5.6   AIRCRAFT MAINTENANCE AND INSPECTION

5.6.1.1   Applicability

1.  

   This Section prescribes rules governing the maintenance and inspection of any aircraft having an Saint Lucia Airworthiness Certificate or associated aeronautical products.

5.6.1.2   Persons Authorised to Perform Maintenance, Preventive Maintenance and Modifications

1.  

   (1)     The persons authorised to perform maintenance subject to this Subpart include—

   1.  

      (a)     a pilot licensed by the Authority;

   1.  

      (b)     a person performing maintenance under the supervision of an aviation maintenance technician;

   1.  

      (c)     an aviation maintenance technician;

   1.  

      (d)     an AMO.

1.  

   (2)     This Section outlines the privileges and limitations of these entities with respect to the extent and type of work they may perform regarding—

   1.  

      (a)     maintenance,

   1.  

      (b)     preventive Maintenance,

   1.  

      (c)     modification,

   1.  

      (d)     inspection, and

   1.  

      (e)     approvals for return to service.

5.6.1.3   Persons Authorised to Perform Maintenance

1.  

   A person shall not perform any task defined as maintenance on an aircraft or aeronautical products, except as provided in the following—

   1.  

      (a)     a pilot licensed by the Authority may perform preventive maintenance on any aircraft owned or operated by that pilot so long as the aircraft is not listed for use by an AOC holder;

   1.  

      (b)     a person working under the supervision of an aviation maintenance technician, may perform the maintenance, preventive maintenance and modifications that the supervisory aviation maintenance technician is authorised to perform—

      1.  

         (i)     if the supervisor personally observes the work being done to the extent necessary to ensure that it is being done properly, and

      1.  

         (ii)     if the supervisor is readily available, in person, for consultation;

   1.  

      (c)     a licensed aviation maintenance technician may perform or supervise the maintenance or modification of an aircraft or aeronautical product for which he or she is rated subject to the limitations of Part 2, Section 2.4.4 of these Regulations;

   1.  

      (d)     an AMO may perform aircraft maintenance within the limits specified by the Authority;

   1.  

      (e)     a manufacturer holding an AMO may—

      1.  

         (i)     rebuild or alter any aeronautical product manufactured by that manufacturer under a type or production certificate,

      1.  

         (ii)     rebuild or alter any aeronautical product manufactured by that manufacturer under a TSO Authorisation, a PartsManufacturer Approval by the State of Design, or Product and Process Specification issued by the State of Design, and

      1.  

         (iii)     perform any inspection required by Part 8 on aircraft it manufacturers, while currently operating under a production certificate or under a currently approved production inspection system for such aircraft.

5.6.1.4   Authorised Personnel to Approve for Return to Service

1.  

   A person or an entity, other than the Authority, shall not approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service after it has undergone maintenance, preventive maintenance, rebuilding, or modification, except as provided in the following:

   1.  

      (a)     a pilot licensed by the Authority may return his or her aircraft to service after performing authorised preventive maintenance;

   1.  

      (b)     a licensed aviation maintenance technician may approve aircraft and aeronautical products for return to service after he or she has performed, supervised, or inspected its maintenance subject to the limitation of Part 2, Section 2.4.4 of these Regulations;

   1.  

      (c)     an AMO may approve aircraft and aeronautical products for return to service as provided in the specifications approved by the Authority.

5.6.1.5   Persons Authorised to Perform Inspections

1.  

   A person, unless otherwise authorised by the Authority, shall not perform the inspections required by 8.2.1.7 for an aircraft and aeronautical products prior to or after it has undergone maintenance, preventive maintenance, rebuilding, or modification, except as provided in the following:

   1.  

      (a)     an aviation maintenance technician may conduct the required inspections of aircraft and aeronautical products for which he or she is rated and current;

   1.  

      (b)     an aviation maintenance technician may conduct the required duplicate inspections of aircraft and aeronautical products for which he or she is rated and current; (See IS: 5.6.1.5);

   1.  

      (c)     an AMO may perform the required inspections of aircraft and aeronautical products as provided in the specifications approved by the Authority.

5.6.1.6   Performance Rules: Maintenance

1.  

   (1)     A person performing maintenance, preventive maintenance, or modification on an aeronautical product shall use the methods, techniques, and practices prescribed in—

   1.  

      (a)     the current manufacturer's maintenance manual or instructions for Continued Airworthiness prepared by its manufacturer; and

   1.  

      (b)     additional methods, techniques and practices required by the Authority; or methods, techniques and practices designated by the Authority where the manufacturer's documents were not available.

1.  

   See Implementing Standard IS: 5.6.1.6

   1.  

      (2)     A person shall use the tools, equipment, and test apparatus necessary to assure completion of the work in accordance with accepted industry practices. If the manufacturer involved recommends special equipment or test apparatus, the person performing maintenance shall use that equipment or apparatus or its equivalent acceptable to the Authority.

   1.  

      (3)     If the manufacturer involved recommends special equipment or test apparatus, the person performing maintenance shall use that equipment or apparatus or its equivalent acceptable to the Authority.

   1.  

      (4)     A person performing maintenance, preventive maintenance, or modification on an aeronautical product shall do that work in such a manner, and use materials of such a quality, that the condition of the aeronautical product worked on will be at least equal to its original or properly altered condition with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and other qualities affecting airworthiness.

   1.  

      (5)     The methods, techniques, and practices contained in an AOC holder's maintenance control manual and continuous maintenance program, as approved by the Authority, shall constitute an acceptable means of compliance with the requirements of this subsection.

   1.  

      (6)     Each person performing a major modification or repair defined in this Part will use data approved by the Authority-

      1.  

         (a)     the approved data used must be referenced on the form or log entry used to approve the modification or repair for return to service;

      1.  

         (b)     acceptable “approved data” is data specifically approved by the following for the modification or repair-

         1.  

            (i)     the Authority,

         1.  

            (ii)     the State of Manufacture,

         1.  

            (iii)     a Designee authorized by the State of Manufacture for that type modification or repair,

         1.  

            (iv)     the State of Design, or

         1.  

            (v)     a Designee authorized by the State of Design for that type modification or repair.

5.6.1.7   Performance Rules: Inspections

1.  

   (1)     General. A person performing an inspection required by the Authority shall—

   1.  

      (a)     perform the inspection so as to determine whether the aircraft, or portion(s) thereof under inspection, meets all applicable airworthiness requirements; and

   1.  

      (b)     if there is an inspection program required or accepted for the specific aircraft being inspected, perform the inspection in accordance with the instructions and procedures set forth in the inspection program.

1.  

   (2)     Rotorcraft. A person performing an inspection required on a rotorcraft shall inspect the following systems in accordance with the maintenance manual or Instructions for Continued Airworthiness of the manufacturer concerned—

   1.  

      (a)     the drive shafts or similar systems;

   1.  

      (b)     the main rotor transmission gear box for obvious defects;

   1.  

      (c)     the main rotor and centre section (or the equivalent area); and

   1.  

      (d)     the auxiliary rotor on helicopters.

1.  

   (3)     Annual and 100-hour inspections. A person performing an annual or 100-hour inspection shall use a checklist while performing the inspection. The checklist referred to in this section may be of the person's own design, one provided by the manufacturer of the equipment being inspected, or one obtained from another source and shall include the scope and detail of the items prescribed by the Authority.

Implementing Standard: See IS: 5.6.1.7 for components to be included in an annual or 100-hour inspection.

1.  

   (4)     A person approving a reciprocating-engine-powered aircraft for return to service after an annual or 100-hour inspection shall, before that approval, run the aircraft engine or engines to determine satisfactory performance in accordance with the current manufacturer's recommendations of—

   1.  

      (a)     power output (static and idle rpm);

   1.  

      (b)     magnetos;

   1.  

      (c)     fuel and oil pressure; and

   1.  

      (d)     cylinder and oil temperature.

1.  

   (5)     A person approving a turbine-engine-powered aircraft for return to service after an annual or 100-hour inspection shall, before that approval, run the aircraft engine or engines to determine satisfactory performance in accordance with the current manufacturer's recommendations.

5.6.1.8   Performance Rules: Airworthiness Limitations

1.  

   A person performing an inspection or other maintenance specified in an airworthiness limitations section of a current manufacturer's maintenance manual, or Instructions for Continued Airworthiness, shall perform the inspection or other maintenance in accordance with that section, or in accordance with specifications approved by the Authority.

5.7   MAINTENANCE RECORDS AND ENTRIES

5.7.1.1   Content, Form and Disposition of Maintenance, Preventive Maintenance, Rebuilding and Modification Records

1.  

   (1)     A person who maintains, performs preventive maintenance, rebuilds or modifies an aircraft or aeronautical product shall, when the work is performed satisfactorily, make an entry in the maintenance record of that equipment as follows—

   1.  

      (a)     a description (or reference to data acceptable to the Authority) of work performed;

   1.  

      (b)     completion date of the work performed;

   1.  

      (c)     name, signature, certificate number and kind of license held by the person approving the work.

Note: The signature constitutes the approval for return to service only for the work performed.

1.  

   (2)     A person performing the work under paragraph (1) shall enter records of major repairs and major modifications, and dispose of that form in the manner prescribed by the Authority.

Implementing Standard: See IS: 5.7.1.1 for the maintenance form requirements and a sample major repair and modification form.

1.  

   (3)     A person working under supervision of an aviation maintenance technician shall not perform any inspection required in Part 8 or any inspection performed after a major repair or modification.

5.7.1.2   Records of Overhaul and Rebuilding

1.  

   (1)     A person shall not describe in any required maintenance entry or form, an aeronautical product as being overhauled unless—

   1.  

      (a)     it has been disassembled, cleaned, inspected as permitted, repaired as necessary, and reassembled using methods, techniques, and practices acceptable to the Authority; and

   1.  

      (b)     it has been tested in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance manufacturing approval.

1.  

   (2)     A person shall not describe in any required maintenance entry or form, an aircraft or other aeronautical product as being rebuilt unless it has been:

   1.  

      (a)     disassembled;

   1.  

      (b)     cleaned;

   1.  

      (c)     inspected as permitted;

   1.  

      (d)     repaired as necessary, reassembled; and

   1.  

      (e)     tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits.

Note: Part 5.7.1.2(a) reflects the required maintenance entry for rebuilt. As identified in Part 5.6.1.3(a)(5) only a manufacturer holding an AMO can rebuild an aeronautical product.

5.7.1.3   Approval for Return to Service After Maintenance, Preventive maintenance, Rebuilding, or Modification

1.  

   A person shall not approve for return to service any aeronautical product that has undergone maintenance, preventive maintenance, rebuilding, or modification unless—

   1.  

      (a)     the appropriate maintenance record entry has been made;

   1.  

      (b)     the repair or modification form authorised by or furnished by the Authority has been executed in a manner prescribed by the Authority;

   1.  

      (c)     if a repair or modification 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.

Implementing Standard: See IS: 5.7.1.1 for the repair or modification form requirements.

5.7.1.4   Content, Form, and Disposition of Records for Inspections

1.  

   (1)     Maintenance record entries. A person approving or disapproving the return to service of an aeronautical product after any inspection performed in accordance with Part 8, shall make an entry in the maintenance record of that equipment containing the following information—

   1.  

      (a)     type of inspection and a brief description of the extent of the inspection;

   1.  

      (b)     date of the inspection and aircraft total time in service;

   1.  

      (c)     signature, the license number, and kind of license held by the person approving or disapproving for return to service the aeronautical product;

   1.  

      (d)     if the aircraft is found to be airworthy and approved for return to service, the following or a similarly worded statement—“I certify that this aircraft has been inspected in accordance with (insert type) inspection and was determined to be in an airworthy condition”;

   1.  

      (e)     if the aircraft is not approved for return to service because of needed maintenance, non-compliance with the applicable specifications, airworthiness directives, or other approved data, the following or a similarly worded statement—I certify that this aircraft has been inspected in accordance with (insert type) inspection and a list of discrepancies and unairworthy items dated (date) has been provided for the aircraft owner or operator; and

   1.  

      (f)     if an inspection is conducted under an inspection program provided for in Part 8, the person performing the inspection shall make an entry identifying the inspection program accomplished, and containing a statement that the inspection was performed in accordance with the inspections and procedures for that particular program.

1.  

   (2)     Listing of discrepancies. A person performing any inspection required in Part 8 who finds that the aircraft is not airworthy or does not meet the applicable type certificate data sheet, airworthiness directives or other approved data upon which its airworthiness depends, shall give the owner or the operator of the aircraft a signed and dated list of those discrepancies.

PART 6
APPROVED MAINTENANCE ORGANISATIONS

CONTENTS