Part M - important news for owners/ operators
Join Date: Apr 2008
Location: Cilboldentune, Britannia
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Sorry to bitch again
I expect the aircraft owners amongst us have probably recently received in the post 2 letters from the Airworthiness Strategy and Policy Department with regard to Regulation (EC) 2042/2003. Firstly, the letter says 'Dear Colleague'; well I don't recall being part of the CAA or even part of the consultation process so how can I be addressed like this? Secondly, the letter says 'Affected owner/operators must therefore make arrangements to ensure an appropriately approved CAMO is contracted by this date'; can this be a verbal contract or should one get a lawyer to draw up this contract, what will be the legal situation if something goes wrong? Has anybody got a pro-forma type of document for this contract?
Gizajob
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Join Date: Jun 2003
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Dear Colleagues,
A contract must be written and there is indeed an example, given in Appendix I of Part M. I have produced it here:
Your CAMO should have its own version based on this...
Jxk - Please note that I will not be charging for contributing to 5.2(2) above!
A contract must be written and there is indeed an example, given in Appendix I of Part M. I have produced it here:
Appendix I
Continuing Airworthiness Arrangement
1. When an owner contracts an M.A. Subpart G approved continuing airworthiness organisation in accordance with M.A.201 to carry out continuing airworthiness management tasks, upon request by the competent authority a copy of the arrangement shall be sent by the owner to the competent authority of the Member State of registry once it has been signed by both parties.
2. The arrangement shall be developed taking into account the requirements of Part M and shall define the obligations of the signatories in relation to continuing airworthiness of the aircraft.
3. It shall contain as a minimum the:
— aircraft registration,
— aircraft type,
— aircraft serial number,
— aircraft owner or registered lessee's name or company details including the address, M.A. Subpart G approved continuing airworthiness organisation details including the address.
4. It shall state the following:
The owner entrusts to the approved organisation the management of the continuing airworthiness of the aircraft, the development of a maintenance programme that shall be approved by the airworthiness authorities of the
Member State where the aircraft is registered, and the organisation of the maintenance of the aircraft according to said maintenance programme in an approved organisation.
According to the present arrangement, both signatories undertake to follow the respective obligations of this arrangement.
The owner certifies, to the best of their belief that all the information given to the approved organisation concerning the continuing airworthiness of the aircraft is and will be accurate and that the aircraft will not be altered without prior approval of the approved organisation.
In case of any non-conformity with this arrangement, by either of the signatories, it will become null. In such a case, the owner will retain full responsibility for every task linked to the continuing airworthiness of the aircraft and the owner will undertake to inform the competent authorities of the Member State of registry within two full weeks.’
5. When an owner contracts an M.A. Subpart G approved continuing airworthiness organisation in accordance with M.A.201 the obligations of each party shall be shared as follows:
5.1. Obligations of the approved organisation:
1. have the aircraft's type in the scope of its approval;
2. respect the conditions to maintain the continuing airworthiness of the aircraft listed below:
— develop a maintenance programme for the aircraft, including any reliability programme developed,
— organise the approval of the aircraft's maintenance programme,
— once it has been approved, give a copy of the aircraft's maintenance programme to the owner,
— organise a bridging inspection with the aircraft's prior maintenance programme,
— organise for all maintenance to be carried out by an approved maintenance organisation,
— organise for all applicable airworthiness directives to be applied,
— organise for all defects discovered during scheduled maintenance or reported by the owner to be corrected
by an approved maintenance organisation,
— coordinate scheduled maintenance, the application of airworthiness directives, the replacement of life limited
parts, and component inspection requirements,
— inform the owner each time the aircraft shall be brought to an approved maintenance organisation,
— manage all technical records,
— archive all technical records;
3. organise the approval of all and any modification to the aircraft according to Part-21 before it is embodied;
4. organise the approval of all and any repair to the aircraft according to Part-21 before it is carried out;
L 315/28 EN Official Journal of the European Union 28.11.2003
5. inform the airworthiness Member State of registry whenever the aircraft is not presented to the approved maintenance organisation by the owner as requested by the approved organisation;
6. inform the airworthiness authorities of the Member State of registry whenever the present arrangement has not been respected;
7. carry out the airworthiness review of the aircraft when necessary and fill the airworthiness review certificate or the recommendation to the Member State of registry;
8. carry out all occurrence reporting mandated by applicable regulations;
9. inform the authorities of the Member State of registry whenever the present arrangement is denounced by either party.
5.2. Obligations of the owner:
1. have a general understanding of the approved maintenance programme;
2. have a general understanding of Part-M;
3. present the aircraft to the approved maintenance organisation agreed with the approved organisation at the due time designated by the approved organisation's request;
4. not modify the aircraft without first consulting the approved organisation;
5. inform the approved organisation of all maintenance exceptionally carried out without the knowledge and control of the approved organisation;
6. report to the approved organisation through the logbook all defects found during operations;
7. inform the authorities of the Member State of registry whenever the present arrangement is denounced by either party;
8. inform the authorities of the Member State of registry and the approved organisation whenever the aircraft is sold;
9. carry out all occurrence reporting mandated by applicable regulations.
Continuing Airworthiness Arrangement
1. When an owner contracts an M.A. Subpart G approved continuing airworthiness organisation in accordance with M.A.201 to carry out continuing airworthiness management tasks, upon request by the competent authority a copy of the arrangement shall be sent by the owner to the competent authority of the Member State of registry once it has been signed by both parties.
2. The arrangement shall be developed taking into account the requirements of Part M and shall define the obligations of the signatories in relation to continuing airworthiness of the aircraft.
3. It shall contain as a minimum the:
— aircraft registration,
— aircraft type,
— aircraft serial number,
— aircraft owner or registered lessee's name or company details including the address, M.A. Subpart G approved continuing airworthiness organisation details including the address.
4. It shall state the following:
The owner entrusts to the approved organisation the management of the continuing airworthiness of the aircraft, the development of a maintenance programme that shall be approved by the airworthiness authorities of the
Member State where the aircraft is registered, and the organisation of the maintenance of the aircraft according to said maintenance programme in an approved organisation.
According to the present arrangement, both signatories undertake to follow the respective obligations of this arrangement.
The owner certifies, to the best of their belief that all the information given to the approved organisation concerning the continuing airworthiness of the aircraft is and will be accurate and that the aircraft will not be altered without prior approval of the approved organisation.
In case of any non-conformity with this arrangement, by either of the signatories, it will become null. In such a case, the owner will retain full responsibility for every task linked to the continuing airworthiness of the aircraft and the owner will undertake to inform the competent authorities of the Member State of registry within two full weeks.’
5. When an owner contracts an M.A. Subpart G approved continuing airworthiness organisation in accordance with M.A.201 the obligations of each party shall be shared as follows:
5.1. Obligations of the approved organisation:
1. have the aircraft's type in the scope of its approval;
2. respect the conditions to maintain the continuing airworthiness of the aircraft listed below:
— develop a maintenance programme for the aircraft, including any reliability programme developed,
— organise the approval of the aircraft's maintenance programme,
— once it has been approved, give a copy of the aircraft's maintenance programme to the owner,
— organise a bridging inspection with the aircraft's prior maintenance programme,
— organise for all maintenance to be carried out by an approved maintenance organisation,
— organise for all applicable airworthiness directives to be applied,
— organise for all defects discovered during scheduled maintenance or reported by the owner to be corrected
by an approved maintenance organisation,
— coordinate scheduled maintenance, the application of airworthiness directives, the replacement of life limited
parts, and component inspection requirements,
— inform the owner each time the aircraft shall be brought to an approved maintenance organisation,
— manage all technical records,
— archive all technical records;
3. organise the approval of all and any modification to the aircraft according to Part-21 before it is embodied;
4. organise the approval of all and any repair to the aircraft according to Part-21 before it is carried out;
L 315/28 EN Official Journal of the European Union 28.11.2003
5. inform the airworthiness Member State of registry whenever the aircraft is not presented to the approved maintenance organisation by the owner as requested by the approved organisation;
6. inform the airworthiness authorities of the Member State of registry whenever the present arrangement has not been respected;
7. carry out the airworthiness review of the aircraft when necessary and fill the airworthiness review certificate or the recommendation to the Member State of registry;
8. carry out all occurrence reporting mandated by applicable regulations;
9. inform the authorities of the Member State of registry whenever the present arrangement is denounced by either party.
5.2. Obligations of the owner:
1. have a general understanding of the approved maintenance programme;
2. have a general understanding of Part-M;
3. present the aircraft to the approved maintenance organisation agreed with the approved organisation at the due time designated by the approved organisation's request;
4. not modify the aircraft without first consulting the approved organisation;
5. inform the approved organisation of all maintenance exceptionally carried out without the knowledge and control of the approved organisation;
6. report to the approved organisation through the logbook all defects found during operations;
7. inform the authorities of the Member State of registry whenever the present arrangement is denounced by either party;
8. inform the authorities of the Member State of registry and the approved organisation whenever the aircraft is sold;
9. carry out all occurrence reporting mandated by applicable regulations.
Jxk - Please note that I will not be charging for contributing to 5.2(2) above!
