AIRWORTHINESS ASPECTS

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AIRWORTHINESS ASPECTS OF AIRCRAFT LEASING
Cooperative Development of Operational Safety
Continuing Airworthiness COSCAP
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Aircraft Leasing
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Aircraft Leasing

• The course is based on ICAO documents
• as presented in the COSCAP
• Airworthiness Inspectors Handbook
• Chapter 12

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Objective

• To provide Inspectors and Authorities with
• the knowledge required relating to the
• continuing airworthiness of aircraft operated
• under lease or an interchange arrangement,
• either representing
• The State of the Operator, or
• The State of Registry.

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Objective

• to advise the airworthiness
• authorities involved in leasing,
• (the State of Registry, or the State of
• the Operator), of possible problems
• concerning thecontinuing
• airworthiness of leased
• aircraft

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Overview of Aircraft Leasing
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Outline
We will cover

• Background ,
• Definitions,
• Acceptance of the "type design,
• Maintenance

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Outline
We will cover

• Information on faults, malfunctions
• and defects and other occurrences
• mandatory continuing airworthiness
• information and distribution of same.

End
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BACKGROUND
Legal Requirements
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Background

• ICAO, Annex 6

4.2.1.3    The issue of an AOC by the S.O. shall
be dependent upon the operator demonstrating an
adequate organization, method of control and
supervision of flight operations, training
programme and maintenance arrangements consistent
with the nature and extent of the operations
specified. 6.1.2    The operator shall include in
the operations manual a MEL, approved by the
State of the Operator which. 8.2.1    An
operator shall ensure that there is provided, for
the use and guidance of maintenance organizations
and personnel, a maintenance manual containing
the information specified in 11.3.
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Background

• Continuing Airworthiness and the transfer
• of information is referred to in

Annex 6, Part I, 8.6, "Modifications and
repairs" All modifications and repairs shall
comply with airworthiness requirements acceptable
to the State of Registry Annex 6, Part 1, 8.8,
"Records" 8.8.1    An operator shall ensure that
the following records are kept
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Background

• Annex 6, Part I, 8.9, "Continuing Airworthiness
  Information"
• Annex 8, Part II, 4.2, "Information related to
  continuing AW".

8.9.1    The operator shall monitor and assess
maintenance and operational experience with
respect to airworthiness and provide the
information as prescribed by the State of
Registry and report through the system specified
in Annex 8, Part II, 4.2.5 and 4.2.8. 8.9.2    Th
e operator shall obtain and assess airworthiness
information and recommendations available from
the (manufacturer) and shall implement resulting
actions considered necessary in accordance with a
procedure acceptable to the State of Registry.
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Background

• Chapter 10 of ICAO Doc 8335,
• Manual of Procedures for Operational
• Inspection, Certification and Continued
• Surveillance advises of legal and practical
• operational problems in the certification
• of an operator proposing to utilize
• leased aircraft.

End
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Article 83 bis

• Article 83 bis of the Convention on International
  
• Civil Aviation was instigated for the purpose of
• making provision in the Convention for the
• transfer of certain functions and duties of the
• S of R to the S of O, in the case of a lease,
• charter, or interchange.

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Article 83 bis

• Article 83 bis states in effect that.
• the S of R may by agreement with the S of O
• transfer to it all or part of its functions and
• duties in relation to the subject aircraft. The
• S of R will then be relieved of those functions
• and duties, so transferred.

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Article 83 bis

• The transfer shall not have effect in respect
• of OTHER contracting states until it is
• registered with the ICAO council and made
• public or unless the S of R or S of O advise
• any other concerned state of the existence of
• the agreement

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DEFINITIONS
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Definitions

• The State of Design,
• The State having jurisdiction over
• the organization responsible for the
• type design.

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Definitions

• STATE OF THE OPERATOR
• The State in which the operator's
• principal place of business is
• located or, if there is no such place
• of business, the operator's
• permanent residence.

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Definitions

• THE STATE OF REGISTRY.
• The State on whose register the
• aircraft is entered.

End
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Acceptance of the Type Design
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Aircraft Leasing Course
Type design

• Airworthiness organizations must consider
• Compliance with local
• design requirements
• Period of lease

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Aircraft Leasing Course
Type design

• The CAA should consider the following
• differences when an aircraft is transferred
• from one state to another
• 1) the type certification basis
• 2) the design-related operational requirements

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Aircraft Leasing Course
Type design

• 3) The respective responsibilities of the two
  state
• with respect to the approval of
• changes to the type design, including those
• required to take into consideration the
  differences
• stated on the previous slide
• repairs which require a design approval before
• implementation.

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APPROVAL OF MAJOR REPAIRS???
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Aircraft Leasing Course
Type design

• States should enter into arrangements for
• the approval of the changes to the type
• design
• the performance and the certification
• of the changes
• the record-keeping of the changes.

End
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MAINTENANCE
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Maintenance

• The maintenance programme is
• usually approved by the State
• of Registry (Annex 6, Part I, 11.3),
• however other
• arrangements are acceptable.

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Maintenance

• Factors to be considered when selecting
• the maintenance to be carried out
• the lease period
• the differences between the maintenance
• requirements and the compatibility of the
• maintenance programmes

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Maintenance

• (Factors continued)
• the absence of any approval requirements
• the distance between the place where
• the aircraft is operated and the State
• of the Operator

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Maintenance

• Procedures regarding,
• performance and certification of maintenance,
• the signing of maintenance releases, and
• record-keeping
• must be accepted by both authorities and
• be covered by a formal agreement

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Maintenance

• DRY LEASE (Aircraft without crew)
• Lessee (person leasing the aircraft) has
• operational control
• State of Registry may share airworthiness
• and/or operational oversight with
• State of Operator. (Note area between
• wet dry lease is often blurred)

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Maintenance

• WET LEASE (Aircraft leased with
• crew/maintenance)
• Lessor (Owner) has operational control
• State of Registry normally retains
  
  
  
  
  airworthiness operational oversight

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Maintenance

• Authorities must confirm by written
• agreements which state will have
• responsibility for every facet
• of operational and airworthiness
• oversight of the leased aircraft

End
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Reporting defects etc
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Aircraft Leasing Course
Reporting

• Annex 8, Part II, 4.2.5 requires the State of
  Registry to ensure that there exists a system for
  reporting faults, malfunctions, defects etc to
  the organization responsible for the type design.

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Aircraft Leasing Course
Reporting

• For aircraft on lease or transfer formal
  arrangements shall be made between the Operator,
  State of Registry and the State of the Operator
  to ensure that defect information is forwarded to
  the organization responsible for the type design.

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Aircraft Leasing Course
Reporting

• Factors to be considered
• the lease/transfer period,
• the compatibility/differences between the
  reporting system of the States,
• the absence of a reporting system in either of
  the States,
• the regulatory requirements of the States
  involved.

End
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Mandatory Airworthiness Information
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Mandatory AW information

• In general the State of Registry has prime
• regulatory responsibility for the
• airworthiness of the aircraft.
• If the S. of R. is also the S.of D., it will
• normally be the originator of
• airworthiness directives(AD).

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Mandatory AW information

• If the State of Registry is not the S. of D.
• it must have procedures to respond to
• mandatory requirements issued by the S. of D
• Notwithstanding the above the State of the
• Operator or the S. of R. may
• also issue mandatory requirements to
• aircraft operated or registered in its state

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Mandatory AW information

• The S.of R., and S. of O., in consultation with
• the operator should agree on which of the States
• ' mandatory requirements apply to the
• transferred aircraft. This can be achieved, by
• a general 'agreement on aircraft transfer
• between the States or by individual
• arrangements at the time of transfer

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Aircraft leasing Course
Distribution of Mandatory Requirements

• Mandatory requirements issued
• by the various airworthiness authorities,in
  the form of an AD, or equivalent, should be made
  available
• to affected operators by the State of
  Registry.

End
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Maintenance Aspects of Aircraft Transfer
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Maintenance Aspects
Introduction

• Problems can be caused by
• differing national airworthiness standards
• differing national operational standards
• differing build standards and
• non-standard application of the above.

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Maintenance Aspects
General

• The data following is intended to define
• the minimum requirements for aircraft owners,
• airlines or regulatory authorities who are
• planning or preparing to transfer or lease an
• aircraft across international boundaries.

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Maintenance Aspects
General

• Documentation should be provided to show
• which national regulations the aircraft has
• been maintained and operated in compliance
• with and include details of any deviations from,
• or exemptions issued against,
• those regulations.

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Maintenance Aspects
General

• The Maintenance program should show
• Approval by the authority,
• Traceability - back to base document,
• e.g. MRB report,
• Documentation - A printed copy of the
• maintenance schedule should show
• traceability to the work cards

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Maintenance Aspects
Records Documentation

• Language- Must be maintained in an
• acceptable language
• Details of the aircrafts maintenance history
• must be made available to satisfy the
• relevant authorities as to the serviceability of
• the of the aircraft.e.g. AD compliance, time on
• life-limited parts, details work performed etc.

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Maintenance Aspects
Transfer of records

• Transfer of records will depend upon the type
• of lease and who will be responsible for the
• maintenance.
• Transfer of all relevant records must be made
• to the operator responsible for the maintenance
• under the agreement.

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Maintenance Aspects
Transfer of records

• Records required to be transferred
• Service bulletins/Ads completed,
• Modification details,
• Major Repair details.

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Maintenance Aspects
Minimum Airworthiness standards for leasing
agreements
The lease agreement should ensure at least
that a) the lessor and lessee are properly
identified b) the aircraft subject to the lease
agreement is identified by aircraft make and
model, registration number and manufacturer's
serial number
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Maintenance Aspects
Minimum Airworthiness standards for leasing
agreements
c) the effective dates of the lease are properly
identified d) the person having operational
control is specifically identified e) the
State of Registry and the airworthiness code
under which the aircraft will be maintained are
identified
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Maintenance Aspects
Minimum Airworthiness standards
f) the responsibilities for the accomplishment
of maintenance in accordance with the
designated airworthiness code are
identified g) the responsibilities for keeping
the aircraft maintenance records in accordance
with the designated airworthiness code are
identified and h) the maintenance/inspection
programme that will be utilized is specifically
identified.
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Lease Document Presentation

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Lease Document Presentation

• Recommended format
• Section 1 Status summary and data certification
• Section 2 The aircraft lease agreement
• Section 3 Operating authority
• Section 4 Export certificate of airworthiness
• Section 5 Current inspection status summary

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Document Presentation

• Recommended format
• Section 6 Summary of current status of
  life-limited parts
• Section 7 Current status of Airworthiness
  Directives
• Section 8 Aircraft maintenance programme
  integration

End
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Legal Agreements
Memo of Understanding between xxxx and yyy . It
is hearby agreed that the first party in
consulation with the second party
.... ...............
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Aircraft leasing Course
Legal Agreements

• The AIRWORTHINESS INSPECTORS
• MANUAL contains copies of three
• Airworthiness agreements for use
• between two contracting states

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Aircraft leasing Course
Legal Agreements

• Appendix B
• This example covers the exchange of
  aeronautical
• products, the acceptance of airworthiness
  compliance
• and certification, the performance of
  modification
• and maintenance, the continuing airworthiness
• and mutual co-operation and assistance.

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Aircraft leasing Course
Legal Agreements

• Appendix C
• This example covers the performance of
• modification and maintenance,
• the continuing airworthiness and mutual
• co-operation and assistance.

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Aircraft leasing Course
Legal Agreements

• Appendix D
• This example covers the operation, the
• maintenance and its performance, the
• performance of modifications, the MMEL/MEL,
• the information on faults, malfunctions, defects
• and other occurrences, the surveillance
  (cont..)

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Aircraft leasing Course
Legal Agreements

• (continued)
• and the continuing airworthiness of aircraft
• transferred between the States.
• This Memorandum of Understanding is based
• on the existence of one of the bilateral
• arrangements described in Appendix B or C.

End
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End
Cooperative Development of Operational Safety
Continuing Airworthiness