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

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AIRWORTHINESS ASPECTSOF

AIRCRAFT LEASING

Cooperative Development of Operational Cooperative Development of Operational Safety & Continuing AirworthinessSafety & Continuing Airworthiness

COSCAPCOSCAP

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Aircraft LeasingAircraft Leasing

Produced by ICAO, COSCAP SA

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Aircraft LeasingAircraft Leasing

The course is based on ICAO documents

as presented in the COSCAP

Airworthiness Inspectors Handbook

Chapter 12

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ObjectiveObjective•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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ObjectiveObjectiveto 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

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Overview of Aircraft Leasing

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OutlineOutlineWe will cover:

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

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OutlineOutlineWe will cover:

• Information on faults, malfunctions

and defects and other occurrences;• mandatory continuing airworthiness

information and distribution of same.

End

9Legal RequirementsLegal Requirements

BACKGROUND

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BackgroundBackground

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.

• ICAO, Annex 6

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BackgroundBackground 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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•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.

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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

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 bisArticle 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 bisArticle 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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DefinitionsDefinitions

The ‘State of Design’,

The State having jurisdiction over

the organization responsible for the

type design.

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DefinitionsDefinitions‘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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DefinitionsDefinitions

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 designType design

Airworthiness organizations must consider:• Compliance with local

design requirements• Period of lease

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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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Type designType design3) 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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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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MaintenanceMaintenanceThe 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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MaintenanceMaintenance

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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(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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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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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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WET LEASE (Aircraft leased with

crew/maintenance) :• Lessor (Owner) has operational control• State of Registry normally retains airworthiness & operational oversight

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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 Reporting defects etcetc

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ReportingReporting

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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ReportingReporting

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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ReportingReportingFactors 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 Mandatory Airworthiness Airworthiness

InformationInformation

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Mandatory AW informationMandatory 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 informationMandatory AW informationIf 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 informationMandatory AW informationThe 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 MandatoryDistribution of MandatoryRequirementsRequirements

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 Maintenance Aspects of Aircraft Transferof Aircraft Transfer

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

Maintenance AspectsMaintenance AspectsIntroduction

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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.

Maintenance AspectsMaintenance AspectsGeneral

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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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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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•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.

Maintenance AspectsMaintenance AspectsRecords & Documentation

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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.

Maintenance AspectsMaintenance AspectsTransfer of records

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Records required to be transferred:

•Service bulletins/Ads completed,

•Modification details,

•Major Repair details.

Maintenance AspectsMaintenance AspectsTransfer of records

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Maintenance AspectsMaintenance Aspects

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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 agreementis identified by aircraft make and model, registration number and manufacturer's serial number;

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Maintenance AspectsMaintenance AspectsMinimum 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 AspectsMaintenance AspectsMinimum 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 Lease Document PresentationPresentation

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Lease Document Lease Document PresentationPresentation

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 PresentationDocument 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 Legal AgreemeAgreeme

ntsnts

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Legal AgreementsLegal Agreements

The ‘AIRWORTHINESS INSPECTORS MANUAL’ contains copies of three

Airworthiness agreements for use between two contracting states

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Appendix BThis 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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Appendix CThis example covers the performance of modification and maintenance, the continuing airworthiness and mutual co-operation and assistance.

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

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(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 Cooperative Development of Operational Safety & Continuing AirworthinessSafety & Continuing Airworthiness

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