The Commonwealth of Australia is a signatory to the 1944 Chicago convention which established ICAO. Hence we are bound to comply with ICAO requirements. The following are the ICAO Standards and Recommended Practices for Commercial Aviation:
· Annex 6, Part 1 Chapter 4.3.1: A flight shall not be commenced until flight preparation forms have been completed certifying that the pilot-in-command is satisfied that:
a) the aeroplane is airworthy;
c) a maintenance release as prescribed in 8.7 has been issued in respect of the aeroplane;
· Annex 8 Part 1 Chapter 8.7.5.3: The competence of maintenance personnel shall be established in accordance with a procedure and to a level acceptable to the State granting the approval. The person signing a maintenance release shall be qualified in accordance with Annex 1.
· Annex 1 Chapter 4.2.2.1: The privileges of the holder of an aircraft maintenance licence shall be to certify the aircraft or parts of the aircraft as airworthy after an authorized repair, modification or installation of a powerplant, accessory, instrument, and/or item of equipment, and to sign a mainten-ance release following inspection, maintenance operations and/or routine servicing.
· Annex 8 Part 1 Chapter 8.1.2: An operator shall not operate an aeroplane unless it is maintained and released to service by an organization approved in accordance with 8.7, or under an equivalent system, either of which shall be acceptable to the State of Registry.
· Annex 8 Part 1 Chapter 8.1.3: When the State of Registry accepts an equivalent system, the person signing the maintenance release shall be licensed in accordance with Annex 1.
· Annex 8 Part 1 Chapter 8.8.1: A maintenance release shall be completed and signed to certify that the maintenance work performed has been completed satisfactorily and in accordance with approved data and the procedures described in the maintenance organization’s procedures manual.
· Annex 8 Part 1 Chapter 8.8.2: A maintenance release shall contain a certification including:
a) basic details of the maintenance carried out including detailed reference of the approved data used;
b) date such maintenance was completed;
c) when applicable, the identity of the approved maintenance organization; and
d) the identity of the person or persons signing the release.
The two salient points here are that a maintenance release must be signed prior to EVERY flight and must be signed by an ANNex 1 person - a LAME!
CAR1988 contains the Australian requirements. However they do not always agree with ICAO and hence one of the reasons why we are attempting to harmonise with ICAO and Foreign NAAs through the Regulatory Review Program which is supposedly consulting with ALL of industry not just the operators:
CAR42ZC Maintenance on Australian aircraft in Australian territory.
The holder of the certificate of registration for, or the operator or pilot in command of, an Australian aircraft must not authorise or permit any maintenance to be carried out on the aircraft in Australian territory except by a person who is permitted by this regulation to carry out the maintenance.