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AIRWORTHINESS ASPECTS OF AIRCRAFT LEASING

AIRWORTHINESS ASPECTS OF AIRCRAFT LEASING. Cooperative Development of Operational Safety & Continuing Airworthiness COSCAP. Produced by ICAO, COSCAP SA. Aircraft Leasing. Aircraft Leasing. The course is based on ICAO documents as presented in the COSCAP

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AIRWORTHINESS ASPECTS OF AIRCRAFT LEASING

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  1. AIRWORTHINESS ASPECTS OF AIRCRAFT LEASING Cooperative Development of Operational Safety & Continuing Airworthiness COSCAP

  2. Produced by ICAO, COSCAP SA Aircraft Leasing

  3. Aircraft Leasing The course is based on ICAO documents as presented in the COSCAP Airworthiness Inspectors Handbook Chapter 12

  4. 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’.

  5. Objective to advise the airworthiness authorities involved in leasing, (the State of Registry, or the State of the Operator), of possible problems concerning the‘continuing airworthiness’ of leased aircraft

  6. Overview of Aircraft Leasing

  7. Outline We will cover: • Background , • Definitions, • Acceptance of the "type design”, • Maintenance;

  8. Outline We will cover: • Information on faults, malfunctions and defects and other occurrences; • mandatory continuing airworthiness information and distribution of same. End

  9. BACKGROUND Legal Requirements

  10. 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.

  11. 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:

  12. 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    The 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.

  13. 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

  14. 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.

  15. 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.

  16. 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

  17. DEFINITIONS

  18. Definitions The ‘State of Design’, The State having jurisdiction over the organization responsible for the type design.

  19. 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.

  20. Definitions THE STATE OF REGISTRY. The State on whose register the aircraft is entered. End

  21. Acceptance of the Type Design

  22. Aircraft Leasing Course Type design Airworthiness organizations must consider: • Compliance with local design requirements • Period of lease

  23. 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

  24. 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.

  25. APPROVAL OF MAJOR REPAIRS???

  26. 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

  27. MAINTENANCE

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

  29. 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;

  30. 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

  31. 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

  32. 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)

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

  34. ? ? 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

  35. Reporting defects etc

  36. 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.

  37. 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.

  38. 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

  39. Mandatory Airworthiness Information

  40. 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).

  41. 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

  42. 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

  43. 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

  44. Maintenance Aspects of Aircraft Transfer

  45. Maintenance Aspects Problems can be caused by: • differing national airworthiness standards; • differing national operational standards; • differing build standards; and • non-standard application of the above. Introduction

  46. Maintenance Aspects 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. General

  47. Maintenance Aspects 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. General

  48. Maintenance Aspects 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 General

  49. Maintenance Aspects Records & Documentation • Language- Must be maintained in an acceptable language • Details of the aircraft’s 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.

  50. 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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