Subpart B - Continued Airworthiness Management
39.51 Management personnel
(a) Except where provided in paragraph 39.51(b), the owner or, where it is leased, the lessee of an aircraft registered in the Territory shall appoint a person acceptable to the Governor and known as the Technical Co-ordinator who will ensure that appropriate arrangements for continued airworthiness management required by this OTAR Part are in place.
(b) Each holder of an air operator’s certificate shall appoint a post holder under the requirements of OTAR Part 119 within its organisation who will be responsible for the continued airworthiness management of the operator’s aircraft as required by this OTAR Part.
(c) The appointed post-holder for continued airworthiness of Territory registered aircraft operating under a foreign air operator’s certificate and the provisions of an ICAO Article 83bis agreement shall establish and maintain arrangements for the continued airworthiness management of the Territory registered aircraft as required by Subpart F of this OTAR Part.
39.53 General continued airworthiness arrangements
(a) The holder of an air operator’s certificate or the owner or lessee of an aircraft above 2,700 kg MTOM shall have arrangements for continued airworthiness management to the requirements of Subpart E of this Part.
(b) The Technical Co-ordinator identified in paragraph 39.51(a) shall ensure that suitable arrangements for continued airworthiness management by either:
(1) holding an approval granted by the Governor to the requirements of Subpart E of this Part; or
(2) a Principal Contract between the operator and an organisation that holds an appropriate approval granted by the Governor to the requirements of Subpart E of this Part.
(c) The person identified in 39.51(b) shall ensure that suitable arrangements for continued airworthiness management are in place by either:
(1) the AOC holder being approved by the Governor to the requirements of Subpart E of this Part; or
(2) a Principal Contract between the AOC holder and an organisation that holds an appropriate approval granted by the Governor to the requirements of Subpart E of this Part.
(d) The appointed post-holder identified in 39.51(c) shall ensure that suitable arrangements for continued airworthiness management are in place to a standard equivalent to Subpart F of this Part.
39.55 Management responsibilities
The personnel identified in paragraph 39.51 are responsible for ensuring that the certificate of airworthiness continues to remain valid by suitable arrangements made in accordance with in paragraph 39.53 that also ensure that:
(a) the aircraft, including its airframe, engines(s), propellers, appliances, emergency equipment and operational equipment, is maintained in an airworthy condition; and
(b) all scheduled maintenance is performed in accordance with a maintenance programme approved by the Governor; and
(c) appropriate contracted maintenance arrangements are made acceptable to the Governor; and
(d) no person certifies maintenance on the aircraft other than as prescribed in OTAR Part 43; and
(e) any defects and unserviceabilities are rectified or deferred in accordance with OTAR Part 91.610(a) prior to flight or, as permitted by OTAR Part 91.610(b), are rectified, repaired or, where approved data so provides, the equipment/instrument is removed at or before the next inspection required by the applicable approved maintenance programme; and
(1) as applicable for aircraft subject to reliability analysis, a verification of the associated aircraft system’s functional reliability is undertaken to ensure the certification basis of the MEL/CDL is not compromised; and
(2) repetitive defects are identified and controlled in accordance with procedures approved in the maintenance control manual; and
(3) procedures are in place for the notification of any MEL/CDL limitations to the operating crew; and
(4) procedures are established for the subsequent control of required rectification intervals; and
(f) applicable mandatory continued airworthiness requirements are complied with within the prescribed period; and
(g) for operators of aeroplanes over 5,700 kg or Helicopters over 3,175 kg maximum certified take off mass and all turbine powered aircraft:
(1) there are suitable arrangements in place to obtain and assess relevant continuing airworthiness information and recommendations from the organisation responsible for the type design and any applicable accomplished major design changes; and
(2) any required technical and reliability assessments are undertaken and reports of aircraft continued airworthiness status are made by arrangements acceptable to the Governor; and
(3) applicable continued airworthiness data is reviewed for the determination of any required actions to be taken and records of such reviews are maintained; and
(h) repairs are carried out and approved in accordance with OTAR Part 21 Subpart M that, wherever possible, do not impose further continued airworthiness requirements; and
(i) design changes are carried out and approved in accordance with OTAR Part 21 Subpart C and any continued airworthiness requirements arising from them are incorporated in the aircraft maintenance programme; and
(j) suitable arrangements, acceptable to the Governor, are made for the regular development of the maintenance programme to ensure effective continued airworthiness of the applicable aircraft; and
(k) any applicable continued airworthiness data is made available to those involved in the maintenance of the aircraft; and
(l) procedures prescribed in any applicable maintenance control manual are complied with; and
(m) any required technical despatch procedures for special operations approved by the Governor are complied with; and
(n) for any aircraft having systems utilising Field Loadable Software and Database Field Loadable Data, controlling procedures acceptable to the Governor are in place to ensure that:
(1) Field Loadable Software uploads are accomplished in accordance with the approval requirements of OTAR Part 21 Subpart C; and
(2) Database Field Loadable Data is controlled and transferred in accordance with the equipment manufacturer’s instructions; and
(o) continued airworthiness records are maintained in accordance with Subpart D of this OTAR Part; and
(p) occurrence reporting is accomplished to the requirements of OTAR Part 13 and appropriate investigations are undertaken to safeguard the aircraft and that of any other, records of such investigations any actions taken shall be reported as required by OTAR Part 13; and
(q) where applicable, there are suitable procedures acceptable to the Governor for the control of aircraft, product and component leasing; and
(r) up-to-date mass and balance records are maintained that reflect the approved configuration of the aircraft; and
(s) arrangements are made for technical liaison with applicable type design organisations, operators and maintenance organisations to address any airworthiness issues such as faults, malfunctions, defects, any required inspection task reporting and inaccurate/misleading airworthiness data; and
(t) liaison meetings are held in compliance with any applicable reliability monitoring programme requirement.
39.57 General maintenance arrangements
(a) Except as permitted by paragraph 39.57(b), arrangements for maintenance of aircraft with a MTOM of 2700 kg or above, shall be established by a suitable contract with an appropriately approved OTAR Part 145 maintenance organisation.
(b) In the case of an aircraft not operated for commercial air transport, a person holding an authorisation to perform maintenance on the aircraft issued by the Governor may perform maintenance in accordance with the requirements of OTAR Part 43.
(c) The annual maintenance check or that specified in the approved maintenance programme for aircraft below 2,700kg MTOM and operating for commercial air transport purposes shall be undertaken by an appropriately approved OTAR Part 145 maintenance organisation.
(d) The maintenance contract shall specify:
(1) a clear description of the work required of the maintenance organisation or person that takes account of human factors; and
(2) that a fatigue management system shall be in place to ensure that any person involved in the maintenance of the operator’s aircraft is not fatigued; and
(3) the applicable Maintenance Control Manual including any operator specific maintenance control procedures that are to be followed; and
(4) the operator contact information; and
(5) details of any supplied maintenance data including its revision status and applicability.
(e) Persons signing a Certificate of Release to Service shall be appropriately authorised in accordance with the requirements specified in OTAR Part 43 Subpart C.
(f) Aircraft to be operated under a Permit to Fly or a Special Flight Permit granted by the Governor under the requirements of OTAR Part 21 Subpart P shall have maintenance arrangements acceptable to the Governor as required by that OTAR Subpart.
39.59 Maintenance Control Manual
(a) The Maintenance Control Manual forms the basis for an approval prescribed in paragraph 39.89(a) and (b) and is subject to approval by the Governor. It shall be in the English language; the content shall be representative of the organisation and it shall address compliance with the applicable requirements of this OTAR Part.
(b) Where an organisation is approved under the requirements of Option 2 identified in paragraph 39.89(b), organisation documents such as a General Maintenance Manual approved by an NAA listed in OTAR Part 21.25(a) may be acceptable provided that suitable cross references to the requirements of this OTAR Part are provided. Any OTAR Part 39 requirements not detailed in the existing organisation documentation shall be detailed in a separate OTAR Part 39 Supplement.
(c) Where an organisation is approved under the requirements of Option 1 identified in paragraph 39.89(a), combined organisation documents such as EASA CAME may be acceptable provided suitable cross references to the requirements of this OTAR Part are provided.
(d) The Maintenance Control Manual shall contain details of the accountable manager and a corporate commitment to compliance with applicable OTARs.
(e) The Maintenance Control Manual shall be approved by the Governor and amendments shall be either:
(1) approved by the Governor; or
(2) be approved by the organisation in accordance with a procedure approved by the Governor; and
(3) be made available to personnel at all locations where access to that material may be required either in hard copy or electronic format in a manner acceptable to the Governor.
(f) The Maintenance Control Manual shall take account of human factors, a fatigue management system and contain details of continuation training for all personnel involved in airworthiness management.
(g) The Maintenance Control Manual shall contain the necessary procedures for applicable continued airworthiness management functions prescribed in paragraph 39.55 and 39.57 to:
(1) ensure the continued airworthiness of the managed aircraft and ensure the continued validity of the Certificates of Airworthiness; and
(2) as appropriate, where the Certificate of Airworthiness is not in force, to ensure that processes are established and authorised individuals nominated for the control of applications to the Governor for Special Flight Permits.
(h) The organisation shall establish a safety and quality policy for the organisation to be included in the MCM that shall detail:
(1) a quality system that includes independent audits to monitor the adequacy of procedures and to ensure that the organisation functional responsibilities are discharged effectively; and
(2) a quality feedback reporting system to the person or group of persons specified in paragraph 39.51 and ultimately to the accountable manager; and
(3) procedures to ensure that proper and timely corrective action is taken in response to reports resulting from the independent audits.
(i) in small organisations of fewer than 5 people the independent audit part of the quality system may be contracted to another OTAR Part 39 approved organisation or a person with appropriate technical knowledge and proven satisfactory audit experience, in a manner acceptable to the Governor.
(j) Procedures shall be established for a regular review of the MCM to ensure that it remains effective in maintaining aircraft in an airworthy condition.
(k) All amendments shall be made in a timely manner and the amendment status of each document shall be readily identifiable by personnel. Obsolete material shall be removed promptly from all points of issue or use, and controls shall be in place to preclude the use by personnel of superseded material.
(l) The Maintenance Control Manual shall contain details of:
(1) the available facilities; and
(2) personnel including their duties and responsibilities; and
(3) any computer based systems and data to be utilised for the purpose of continued airworthiness management.
(m) The Maintenance Control Manual shall contain details of any subcontracted activities.
(n) Where the organisation is to be approved for the purpose of undertaking an aircraft airworthiness review required by OTAR Part 21.175(b), detailed procedures shall be established for compiling suitable reports to the Governor and shall include the identification of personnel authorised to submit such reports.
(o) The Maintenance Control Manual shall contain details of personnel nominated to certify an airworthiness status report as required by OTAR Part 21.175(d) in relation to the C of A.
(p) The capability and scope of the approval shall be recorded in the MCM.
(q) The Maintenance Control Manual shall contain a list of definitions and acronyms used.