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

Aircraft Leasing Produced by ICAO, COSCAP SA Aircraft Leasing

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

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’. Obj. 2 next slide Aircraft Leasing

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 Obj. 2 next slide Aircraft Leasing

Overview of Aircraft Leasing

Outline Background , Definitions, Acceptance of the "type design”, We will cover: Background , Definitions, Acceptance of the "type design”, Maintenance; Aircraft Leasing

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

BACKGROUND Legal Requirements

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. Aircraft Leasing

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: Aircraft Leasing

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. Aircraft Leasing

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 Aircraft Leasing

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. Refer to slide… Aircraft Leasing

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. Refer to slide… Aircraft Leasing

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 Refer to slide… Aircraft Leasing

DEFINITIONS

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

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. Aircraft Leasing

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

Acceptance of the Type Design

Type design Airworthiness organizations must consider: Aircraft Leasing Course Type design Airworthiness organizations must consider: Compliance with local design requirements Period of lease You’ve all heard the phrase: “If you fail to plan you’re planning to fail”. Aircraft Leasing

Type design The CAA should consider the following 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 Aircraft Leasing

Type design 3) The respective responsibilities of the two state 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. Aircraft Leasing

APPROVAL OF MAJOR REPAIRS???

Type design States should enter into arrangements for: 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. You’ve all End Aircraft Leasing

MAINTENANCE

Maintenance The maintenance programme is usually approved by the State of Registry (Annex 6, Part I, 11.3), however other arrangements are acceptable. Refer to slide… Aircraft Leasing

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; Refer to slide… Aircraft Leasing

Maintenance the absence of any approval requirements (Factors continued) the absence of any approval requirements the distance between the place where the aircraft is operated and the State of the Operator Refer to slide… Aircraft Leasing

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 Refer to slide… Aircraft Leasing

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) Refer to slide… Aircraft Leasing

Maintenance WET LEASE (Aircraft leased with crew/maintenance) : Lessor (Owner) has operational control State of Registry normally retains airworthiness & operational oversight Refer to slide… Aircraft Leasing

Maintenance ? Authorities must confirm by written agreements which state will have responsibility for every facet of operational and airworthiness oversight of the leased aircraft Refer to slide… End Aircraft Leasing

Reporting defects etc Objective: Aircraft Leasing

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. Refer to slide Aircraft Leasing

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. Refer to slide Aircraft Leasing

Reporting Factors to be considered : the lease/transfer period, 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. Refer to slide End Aircraft Leasing

Mandatory Airworthiness Information

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). Aircraft Leasing

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 Aircraft Leasing

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 Aircraft Leasing

Distribution of Mandatory 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 Aircraft Leasing

Maintenance Aspects of Aircraft Transfer

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

Maintenance Aspects General 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. Aircraft Leasing

Maintenance Aspects General 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. .... Aircraft Leasing

Maintenance Aspects General 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 Aircraft Leasing

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. Aircraft Leasing

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. Aircraft Leasing

Maintenance Aspects Transfer of records Records required to be transferred: Service bulletins/Ads completed, Modification details, Major Repair details. Aircraft Leasing

Maintenance Aspects 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 agreement is identified by aircraft make and model, registration number and manufacturer's serial number; .... 9 Aircraft Leasing

Maintenance Aspects Minimum 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; .... Aircraft Leasing

Maintenance Aspects Minimum 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. .... Aircraft Leasing

Lease Document Presentation Aircraft Leasing

Lease Document Presentation 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 if Aircraft Leasing

Document 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 if End Aircraft Leasing

Legal Agreements Memo of Understanding between xxxx and yyy . It is hearby agreed that the first party in consulation with the second party .... ............... Aircraft Leasing

Legal Agreements The ‘AIRWORTHINESS INSPECTORS Aircraft leasing Course Legal Agreements The ‘AIRWORTHINESS INSPECTORS MANUAL’ contains copies of three Airworthiness agreements for use between two contracting states refer to slide... Aircraft Leasing

Legal Agreements Appendix B Aircraft leasing Course Legal Agreements Appendix B This 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. refer to slide... 7 Aircraft Leasing

Legal Agreements Appendix C This example covers the performance of Aircraft leasing Course Legal Agreements Appendix C This example covers the performance of modification and maintenance, the continuing airworthiness and mutual co-operation and assistance. refer to slide... Aircraft Leasing

Legal Agreements Appendix D This example covers the operation, the Aircraft leasing Course Legal Agreements Appendix D This example covers the operation, the maintenance and its performance, the performance of modifications, the MMEL/MEL, the information on faults, malfunctions, defects and other occurrences, the surveillance (cont..) refer to slide... Aircraft Leasing

Legal Agreements (continued) Aircraft leasing Course Legal Agreements (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. ‘ refer to slide... End Aircraft Leasing

End Cooperative Development of Operational Safety & Continuing Airworthiness