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MINISTERIËLE BESCHIKKING met algemene werking van de 31ste maart 2008 ter uitvoering van artikel 98, eerste lid, onderdeel b, van het Landsbesluit toezicht luchtvaart (Beschikking erkenning van bedrijven)

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Officiële naam regelingMINISTERIËLE BESCHIKKING met algemene werking van de 31ste maart 2008 ter uitvoering van artikel 98, eerste lid, onderdeel b, van het Landsbesluit toezicht luchtvaart (Beschikking erkenning van bedrijven)
CiteertitelBeschikking erkenning van bedrijven
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10-10-2010bestendiging Antilliaanse regelgeving in Curaçao

10-10-2010

A.B. 2010, no. 86 en A.B. 2010, no. 87

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Tekst van de regeling

Intitulé

MINISTERIËLE BESCHIKKING met algemene werking van de 31ste maart 2008 ter uitvoering van artikel 98, eerste lid, onderdeel b, van het Landsbesluit toezicht luchtvaart (Beschikking erkenning van bedrijven)

Artikel 1

De erkenning van bedrijven geschiedt met inachtneming van de voorschriften zoals opgenomen in de bij deze beschikking behorende bijlagen.

Artikel 2

Deze ministeriële beschikking wordt met de bijbehorende bijlagen en toelichting in het Publicatieblad geplaatst.

Artikel 3

Deze ministeriële beschikking treedt in werking met ingang van de dag na die van de uitgifte van het Publicatieblad, waarin het geplaatst is.

Artikel 4

Deze ministeriële beschikking wordt aangehaald als: Beschikking erkenning van bedrijven.

Bijlage behorende bij de Beschikking erkenning van bedrijven (P.B. 2008, no. 21)

CIVIL AVIATION REGULATIONS

NETHERLANDS ANTILLES

PART 6 - APPROVED MAINTENANCE ORGANIZATION

CONTENTS

PART 6 – APPROVED MAINTENANCE ORGANIZATION

6.1 GENERAL

6.1.1.1 Applicability

6.1.1.2 Definitions

6.1.1.3 Acronyms

6.1.1.4 Certificate and Specific Operating Provisions

6.1.1.5 Advertising

6.1.1.6 Deviation Authority

6.2 CERTIFICATION

6.2.1.1 Application for an AMO Certificate

6.2.1.2 Issuance of an AMO Certificate

6.2.1.3 Duration and Renewal of Certificate

6.2.1.4 Continued Validity of Approval

6.2.1.5 Changes to the AMO and Certificate Amendments

6.2.1.6 Ratings of the AMO

6.2.1.7 AMO Limited Ratings

6.3 HOUSING, FACILITIES, EQUIPMENT, & MATERIALS

6.3.1.1 General

6.3.1.2 Housing and Facility Requirements

6.3.1.3 Equipment, Tools, and Material

6.4 ADMINISTRATION

6.4.1.1 Personnel and Training Requirements

6.4.1.2 Rest and Duty Limitations for Persons Performing

Maintenance Functions in an AMO

6.4.1.3 Record of Certifying Staff

6.5 AMO OPERATING RULES

6.5.1.1 Approved Maintenance Organization Procedures Manual

6.5.1.2 Maintenance Procedures and Independent

Quality Assurance System

6.5.1.3 Capability List

6.5.1.4 Privileges of the Approved Maintenance Organization

6.5.1.5 Limitations on the AMO

6.5.1.6 Certificate of Release to Service

6.5.1.7 Maintenance Records

6.5.1.8 Airworthiness Data

6.5.1.9 Reporting of Unairworthy Conditions

6.5.1.10 Inspections by the DCANA

6.5.1.11 Performance Standards

Part 6 - IMPLEMENTING STANDARDS

IS: 6.1.1.4(d) Maintenance Organization Certificate

IS: 6.2.1.1 Application for an AMO Certificate

IS: 6.2.1.6 Ratings of the AMO

IS: 6.3.1.2 Housing and Facility Requirements

IS: 6.3.1.3 Equipment, Tools, and Material

IS: 6.4.1.1 Personnel Requirements

IS: 6.4.1.3 Records of Certifying Staff

IS: 6.5.1.1 Maintenance Organization Procedures Manual

IS: 6.5.1.2 Maintenance Procedures and Independent

Quality Assurance System

IS: 6.5.1.6 Certification of Release to Service

IS: 6.5.1.8 Airworthiness Data

6.1 GENERAL

6.1.1.1. Applicability

Part 6 prescribes the requirements for issuing approvals to organizations for the production of aircraft and aeronautical components, maintenance, rebuilding, preventive maintenance, and modifications of aircraft and aeronautical products and prescribes the general operating rules for an Approved Maintenance Organization (AMO). The approval, when granted, shall apply to the whole organization and shall be headed by the accountable manager.

6.1.1.2 Definitions

(a) For the purpose of Part 6, the following definitions shall apply:

(1) Accountable manager (Maintenance). The manager who has corporate authority for ensuring that all maintenance, preventive maintenance, and modification required by the aircraft owner/operator can be financed and carried out to the standard required by the Director. The accountable manager is either the chief executive officer or other high-level corporate official like the President, Managing Director, Director General or General Manager who has financial responsibility for carrying out the maintenance functions for the entire organization. The accountable manager may delegate to another person in the organization, in writing, to become the accountable manager, when authorized by the Director.

(2) Approval for return to service. A certification by an approved maintenance organization representative that the maintenance, preventive maintenance, or modification performed on an aircraft, airframe, aircraft engine, propeller, appliance, or component part thereof was accomplished using the methods, techniques, and practices, prescribed in the current manufacturer’s maintenance manual or instructions for continued airworthiness prepared by its manufacturer, or by using other methods, techniques, and practices acceptable to the Director.

(3) Approved data. Technical information approved by the Director.

(4) Article. Any item, including but not limited to, an aircraft, airframe, aircraft engine, propeller, appliance, accessory, assembly, subassembly, system, subsystem, component, unit, product, or part.

(5) Calibration. A set of operations, performed in accordance with a definite documented procedure that compares the measurement performed by a measurement device or working standard for the purpose of detecting and reporting or eliminating by adjustment errors in the measurement device, working standard, or aeronautical product tested.

(6) Certificated Approved Maintenance Organization. Means approved by the Director.

(7) Composite. Structural materials made of substances, including, but not limited to, wood, metal, ceramic, plastic, fiber-reinforced materials, graphite, boron, or epoxy, with built-in strengthening agents that may by in the form of filaments, foils, powders, or flakes, of a different material.

(8) Computer system. Any electronic or automated system capable of receiving, storing, and processing external data, and transmitting and presenting such data in a usable form for the accomplishment of a specific function.

(9) Director. The Director of Civil Aviation of the Netherlands Antilles

(10) Facility. A physical plant, including land, buildings, and equipment, which provide the means for the performance of maintenance, preventive maintenance, or modifications of any article.

(11) Housing. Buildings, hangers, and other structures to accommodate the necessary equipment and materials of a maintenance organization that:

(i) Provide working space for the performance of maintenance, preventive maintenance, or modifications for which the maintenance organization is certificated and rated; and

(ii) Provide structures for the proper protection of aircraft, airframes, aircraft engines, propellers, appliances, components, parts, and subassemblies thereof during disassembly, cleaning, inspection, repair, modification, assembly, and testing; and

(iii) Provide for the proper storage, segregation, and protection of materials, parts, and supplies.

(12) Maintenance release. An approved maintenance organization document signed by an authorized approved maintenance organization representative that states that the article worked on is approved for return to service for the maintenance, preventive maintenance, or modification performed.

(13) Measurement Device. A calibrated calibrator, standard, equipment and test equipment that is intended to be used to test, measure, or calibrate other measurement devices. It is not to be used to test, measure, or calibrate an aeronautical product.

(14) Primary Standard. A standard defined and maintained by a State Authority and used to calibrate secondary standards.

(15) Reference Standard. A standard that is used to maintain working standards.

(16) Secondary Standards. A standard maintained by comparison with a primary standard.

(17) Signature. An individual’s unique identification used as a means of authenticating a maintenance record entry or maintenance record. A signature may be hand-written, electronic, or any other form acceptable to the Director.

(18) Specialized maintenance. Any maintenance not normally performed by an AMO (e.g., tire retreating, plating, etc.)

(19) Specific operating provisions. The Specific Operating Provisions describe the ratings (Class and/or Limited) in detail and will contain or reference material and process specifications used in performing repair work, along with any limitations applied to the maintenance organization. The accountable manager and the Director sign this document.

(20) Standard. An object, artifact, tool, test equipment, system, or experiment that stores, embodies, or otherwise provides a physical quantity, which serves as the basis for measurement of the quantity. It also includes a document describing the operations and process that must be performed in order for a particular end to be achieved.

(21) Tools, Equipment and Test Equipment. Used by an AMO for the performance of maintenance or calibration on an aircraft or aeronautical product. See also working standard.

(22) Traceability. A characteristic of a calibration, analogous to a pedigree. A traceable calibration is achieved when each Measurement Device and Working Standard, in a hierarchy stretching back to the National Standard, was itself properly calibrated, and the results properly documented. The documentation provides the information needed to show that all calibrations in the chain of calibrations were properly performed.

(23) Transfer Standard. Any standard that is used to compare a measurement process, system, or device at one location or level with another measurement process, system or device at another location or level.

(24) Working Standard. A calibrated standard that is used in the performance of maintenance and/or calibrations in any work area for the purpose of forming the basis for product acceptance or for making a finding of airworthiness (approval for return to service) to an aircraft or aeronautical product. A working standard may be maintained by comparison with primary standards, secondary standards, reference standards or transfer standards, as appropriate. A working standard is not to be used to test, measure, or calibrate other working standards or measurement devices.

Note: The terms used in the Standards for the Airworthiness of Aircraft in Annex 8 to the Convention shall also apply and have the meaning laid down in Part 1 (Definitions) of the previously mentioned annex.

6.1.1.3. Acronyms

(a) The following acronyms are used in Part 6.

(1) AMO – Approved Maintenance Organization (Part 1)

(2) CARNA – Civil Aviation Regulations Netherlands Antilles

(3) DCANA – Directorate of Civil Aviation Netherlands Antilles

(4) PMA – Parts Manufacturing Authorization

(5) TSO – Technical Standard Order

6.1.1.4. Certificate and Specific Operating Provisions

(a) The AMO certificate will consist of two documents:

(1) A one page certificate signed by the Director, and

(2) A multi-page specific operating provisions signed by the Accountable Manager and the Director containing the terms, conditions, and authorizations.

(b) No person may operate as a certificated approved maintenance organization without, or in violation of, an approved maintenance organization certificate issued under this Part.

(c) A certificated approved maintenance organization may perform maintenance, preventive maintenance, or modifications on an aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof only for which it is rated and within the limitations placed in its specific operating provisions.

(d) The AMO certificate will contain:

(1) The certificate number specifically assigned to the AMO;

(2) The name and location of the AMO;

(3) The date of issue and period of validity;

(4) The ratings issued to the AMO; and

(5) Director signature.

(e) The AMO Specific Operating Provisions will contain:

(1) The certificate number specifically assigned to the AMO;

(2) The class or limited ratings issued in detail, including special approvals and limitations issued;

(3) The date issued or revised;

(4) Accountable manager and Director signatures.

(f) The certificate issued to each certificated maintenance organization must be available in the premises for inspection by the public and the Director.

6.1.1.5. Advertising

(a) No approved maintenance organization may advertise as a certificated approved maintenance organization until an approved maintenance organization certificate has been issued to that facility.

(b) No certificated approved maintenance organization may make any statement, either in writing or orally, about itself that is false or is designed to mislead any person.

(c) Whenever the advertising of an approved maintenance organization indicates that it is certificated, the advertisement must clearly state the approved maintenance organization’s certificate number.

6.1.1.6. Deviation Authority

(a) The Director may, upon consideration of the circumstances of a particular maintenance organization, issue a deviation providing relief from specified sections of this Part, provided that the Director finds that the circumstances presented warrant the deviation and that a level of safety will be maintained equal to that provided by the rule from which the deviation is sought. This deviation authority will be issued as a Letter of Deviation Authority.

(b) A Letter of Deviation Authority may be terminated or amended at any time by the Director.

(c) A request for deviation authority must be submitted to the Director at least 60 days before the date the deviation from specified sections in this part is necessary for the intended maintenance, preventive maintenance, or modification using application form number DCANA-010. A request for deviation authority must contain complete statement of the circumstances and justifications for the deviation requested, and show that a level of safety will be maintained equal to that provided by the rule from which the deviation is sought.

(d) Each certificated maintenance organization that receives a Letter of Deviation Authority must have a means of notifying the appropriate management, certifying staff, and personnel of the deviation, including the extent of the deviation and when the deviation is terminated or amended.

6.2 CERTIFICATION

6.2.1.1 Application for an AMO Certificate

(a) The issuance, renewal and modification of an AMO certificate are done by or on behalf of the Director.

(b) The issuance, renewal or modification will be requested by submitting an adequate filled in and signed form to the Director. Copies of these forms are available at the DCANA.

(c) The applicant for an AMO certificate must submit Form number DCANA -004 completed and signed to the Director.

(d) Together with form DCANA-004 the following must be submitted:

(1) a short curriculum vitae covering education, experience and previous occupations of the Quality Manager and the Deputy Quality Manager and the remaining personnel being authorized to sign approval certificates;

(2) Quality Manual(s) see article 6.5.1.2 (c);

(3) a resume of clients or potential clients for the activities (product) for which an approval is requested;

(4) A specimen of the models to be used as approval certificate as meant in article 6.5.1.6.

(5) Proof of registration with the Chamber of Commerce.

  • -

    Copy of the business license.

  • -

    Copy of the articles of incorporation of the company.

  • -

    Business plan drawn up by an independent expert.

  • -

    Copy of the stockholders register

  • -

    Name, nationality and address of each shareholder

  • -

    Name, nationality and address of the members of the Board of Directors

  • -

    Proof of good conduct/good standing of each shareholder and of the members of the Board of Directors

(6) The Maintenance Procedures Manual in duplicate;

(7) A list of the maintenance functions to be performed for this organization under contract by another AMO;

(8) A list of all AMO certificates and ratings pertinent to those certificates issued by any contracting State other than the Netherlands Antilles and,

(9) Any additional information the Director requires the applicant to submit.

(e) An application for the amendment of an existing AMO certificate shall be made on a form and in a manner prescribed by the Director. The AMO shall submit the required amendment to the Maintenance Procedure Manual to the Director for approval.

6.2.1.2. Issuance of an AMO Certificate

(a) An applicant may be issued an AMO certificate if, after investigation, the Director finds that the applicant:

(1) Meets the applicable regulations and standards for the holder of an AMO as laid down in this Part; and

(2) Is properly and adequately equipped for the performance of maintenance of aircraft or aeronautical products for which it seeks approval;

(3) Complies with Part D and E of the ICAO Airworthiness Manual (ICAO Doc 9760 AN967)

(b) Tasks as mentioned under 6.2.1.2 (a) (2) may include the following:

(1) Semi-manufactured products to be used in aircraft.

(2) Production, maintenance, alteration, overhaul, and modification of parts and equipment to be used in aircraft.

(3) Approval of parts, equipment, material and semi-manufactured products to be used in aircraft.

(4) Exercise of supervision on tasks mentioned under 6.2.1.2 (a)(2) performed by third parties.

(5) Evaluation in whole or in part of the airworthiness and good workmanship.

(c) An AMO certificate is valid until the date mentioned on the Certificate. The maximum validity is 1 (one) year.

(d) The issuance of the AMO certificate or a validation for the first time shall be made known by the Director via a PAL including among other things:

(1) name of the facility;

(2) location of establishment;

(3) a description of the tasks, for which a facility has received authorization

(e) In case of a revision of the AMO certificate or the exemption in connection with a change in one of the under 6.1.1.4 (d) mentioned data, the revision shall be published in the manner prescribed in paragraph1.

(f) An annual fee of ANG 5000,- must be paid for the AMO certificate. This fee must be paid for the first time before the issuance of this certificate.

(g) Each year before the license renewal the applicant shall transfer the amount due (ANG 5000,--) to the bank account of the DCANA.

(h) If a license is revoked after its issuance, there shall be no refund of the annual fee paid.

(i) These fees are also applicable for the renewal of an AMO license issued before the enactment of this Part.

6.2.1.3. Duration and Renewal of a Certificate

(a) A certificate or rating issued to an approved maintenance organization located in the Netherlands Antilles is effective for a maximum of one year from the date of issue or until the approved maintenance organization surrenders it or the Director suspends or revokes it.

(b) A certificate or rating issued to an approved maintenance organization located outside the Netherlands Antilles is effective from the date of issue until:

(1) The last day of the 12th month after the date on which it was issued;

(2) The approved maintenance organization surrenders the certificate; or

(3) The Director suspends or revokes the certificate.

(c) The holder of a certificate that expires or is surrendered, suspended or revoked, must return the certificate and specific operating provisions to the Director.

(d) The validity of an AMO certificate may be renewed if to the judgment of the Director, during the current validity period of the AMO certificate the facility has carried out the tasks for which the certificate has been issued to a sufficient degree.

(e) The AMO certificate may be renewed for the period of one year at most.

(f) A certificated approved maintenance organization located outside the Netherlands Antilles that applies for a renewal of its approved maintenance organization certificate for aircraft registered in the Netherlands Antilles must:

(1) Submit its request for renewal not later than 90 days before the approved maintenance organization’s current certificate expires. If a request for renewal is not made within this period, the approved maintenance organization must follow the application procedure prescribed by the Director.

(2) Send its request for renewal to the Authority that has jurisdiction over the approved maintenance organization.

(g) An AMO certificate issued to a company established abroad by the competent authority may be validated by the Director allowing this company to carry out the tasks included in the original certificate issued by the country of establishment.

(h) The Director may attach conditions to the validation.

6.2.1.4 Continued Validity of Approval

(a) Unless the approval has previously been surrendered, superseded, suspended or revoked or expired by virtue of exceeding any expiration date that may be specified in the approval certificate, the continued validity of approval is dependent upon:

(1) The AMO remaining in compliance with this Part;

(2) The DCANA inspectors being granted access to the organization’s facilities to determine continued compliance with this regulation; and

(3) The payment of any charges prescribed by the Director.

(b) The AMO certificate can be withdrawn partly or completely, if:

(1) the directives laid down in this part are not complied with;

(2) a modification as mentioned under 6.2.1.2 (b)(2)/6.1.1.4 (c) has been carried out without approval;

(3) it turns out that the product manufactured has serious deficiencies or defects;

(4) with regard to the execution of tasks serious shortcomings are found;

(5) the facility has been discontinued;

(6) the facility submitted a declaration to this end or explained not to use the AMO any longer;

(c) The validity period of the AMO certificate terminates the moment it is withdrawn.

(d) The decision to withdraw an AMO certificate must be made known to the company by registered mail stating the reasons for withdrawal.

(e) The organization is obliged to return the certificate immediately to the DCANA upon receipt of the notification of withdrawal.

6.2.1.5 Changes to the AMO and Certificate Amendments

(a) To enable the Director to determine continued compliance with this Part, the AMO shall provide written notification to the Director either prior to, or within a time period determined by the Director to be as soon as practicable after any of the following changes:

(1) The name of the organization;

(2) The location of the organization;

(3) The housing, facilities, equipment, tools, material, procedures, work scope and certifying staff that could affect the AMO rating or ratings;

(4) The ratings held by the AMO, whether granted by the Director or held through an AMO certification issued by another contracting State;

(5) Additional locations of the organization;

(6) The accountable manager; or

(7) The list of management personnel identified as described in the Maintenance Procedure Manual.

(b) The Director will amend the AMO certificate if the AMO notifies the Director of a change in:

(1) Location or housing and facilities;

(2) Additional locations of the organization;

(3) Rating, including deletions;

(4) Name of the organization with same ownership; or

(5) Ownership.

(c) The Director may amend the AMO certificate if the AMO notifies the Director of a change in:

(1) The accountable manager; or

(2) The list of management personnel identified as described in the maintenance procedure manual.

(d) When the Director issues an amendment to an AMO certificate because of new ownership of the AMO, the Director will assign a new certificate number to the amended AMO certificate.

(e) The Director may:

(1) Prescribe, in writing, the conditions under which the AMO may continue to operate during any period of implementation of the changes noted in subparagraph (a); and

(2) Hold the AMO certificate in abeyance if the Director determines that approval of the AMO certificate should be delayed; the Director will notify the AMO certificate holder, in writing, of the reasons for any such delay.

(f) If changes are made by the AMO to the items listed in subparagraph (a) without notification to the Director and amendment of the AMO certificate by the Director, the AMO certificate may be suspended by the Director.

6.2.1.6 Ratings of the AMO

(a) The following ratings are issued under this Subpart:

(1) Airframe ratings. An aircraft rating on an approved maintenance organization certificate permits that approved maintenance organization to perform maintenance, preventive maintenance, or modifications on an aircraft, including work on the powerplant(s) of that aircraft up to, but not including, overhaul as that term defined in 5.1.1.2(a)(11) under the following classes:

(i) Class 1: Aircraft (other than rotorcraft and aircraft composed primarily of composite material) of 5,700 kg maximum certificated takeoff weight or less.

(ii) Class 2: Aircraft (other than rotorcraft and aircraft composed primarily of composite material) over 5,700 kg maximum certificated takeoff weight and up to, and including, 34,200 kg maximum certificated takeoff weight.

(iii) Class 3: Aircraft, (other than rotorcraft and aircraft composed primarily composite material) over 34,200 kg maximum certificated takeoff weight.

(iv) Class 4: Rotorcraft (other than rotorcraft composed primarily of composite material) of 2,736 kg maximum certificated takeoff weight or less.

(v) Class 5: Rotorcraft (other than rotorcraft composed primarily of composite material) over 2,736 kg maximum certificated takeoff weight.

(vi) Class 6: Aircraft composed primarily of composite material, of 5,700 kg maximum certificated takeoff weight or less.

(vii) Class 7: Aircraft composed primarily of composite material, over 5,700 kg maximum certificated takeoff weight

(2) Power plant ratings. A power plant rating on an approved maintenance organization certificate permits that approved maintenance organization to perform maintenance, preventive maintenance, or modifications of power plants under the following classes:

(i) Class 1: Reciprocating engines.

(ii) Class 2: Turbo propeller and turbo shaft engines.

(iii) Class 3: Turbojet and turbofan engines.

(3) Propeller ratings. A propeller rating on an approved maintenance organization certificate permits that approved maintenance organization to perform maintenance, preventive maintenance, or modifications of propellers under the following classes:

(i) Class 1: Fixed-pitch and ground-adjustable propellers.

(ii) Class 2: Variable-pitch propellers.

(4) Avionics ratings. An avionics rating on an approved maintenance organization certificate permits that approved maintenance organization to perform maintenance, preventive maintenance, or modifications of avionics equipment under the following ratings:

(i) Class 1: Communication equipment: Any radio transmitting equipment or receiving equipment, or both, used in aircraft to send or receive communications, regardless of carrier frequency or type of modulation used; including auxiliary and related aircraft interphone systems, amplifier systems, electrical or electronic intercrew signaling devices, and similar equipment; but not including equipment used for navigation of the aircraft or as an aid to navigation, equipment for measuring altitude or terrain clearance, other measuring equipment operated on radio or radar principles, or mechanical, electrical, gyroscopic, or electronic instruments that are a part of communications avionics equipment.

(ii) Class 2: Navigational equipment: Any avionics system used in aircraft for en-route or approach navigation, except equipment operated on radar or pulsed radio frequency principles, but not including equipment for measuring altitude or terrain clearance or other distance equipment operated on pulsed radio frequency principles.

(ii) Class 3: Pulsed equipment: Any aircraft electronic system operated on pulsed radio frequency principles.

(5) Computer systems ratings. A computer systems rating on an approved maintenance organization certificate permits that approved maintenance organization to perform maintenance, preventive maintenance, or modifications of digital computer systems and components thereof, that have the function of receiving external data, processing such data, and transmitting and presenting the processed data under the following classes:

(i) Class 1: Aircraft computer systems.

(ii) Class 2: Power plant computer systems.

(iii) Class 3: Avionics computer systems.

(6) Instrument ratings. An instrument rating on an approved maintenance organization certificate permits that approved maintenance organization to perform maintenance, preventive maintenance, or modifications of instruments under the following classes:

(i) Class 1: Mechanical: Any diaphragm, bourdon tube, aneroid, optical, or mechanically driven centrifugal instrument that is used on aircraft or to operate aircraft, including tachometers, airspeed indicators, pressure gauges, drift sights, magnetic compasses, altimeters, or similar mechanical instruments.

(ii) Class 2: Electrical: Any self-synchronous and electrical indicating instruments and systems, including remote indicating instruments, cylinder head temperature gauges, or similar electrical instruments.

(iii) Class 3: Gyroscopic: Any instrument or system using gyroscopic principles and motivated by air pressure or electrical energy, including automatic pilot control units, turn and bank indicators, directional gyros, and their parts, and flux gate and gyrosyn compasses.

(vi) Class 4: Electronic: Any instruments whose operation depends on electron tubes, transistors, or similar devices including capacitance type quantity gauges, system amplifiers, and engine analyzers.

(7) Accessory ratings. An accessory rating on an approved maintenance organization certificate permits that approved maintenance organization to perform maintenance, preventive maintenance, or modifications of accessory equipment under the following classes:

(i) Class 1: Mechanical. The accessories that depend on friction, hydraulics, mechanical linkage, or pneumatic pressure for operation.

(ii) Class 2: Electrical. The accessories that depend on electrical energy.

(iii) Class 3: Electronic. The accessories that depend on the use of an electron tube transistors, lasers, fiber optics, solid-state, integrated circuits, vacuum tubes, or similar electronic controls.

(vi) Class 4: Auxiliary power units (APU’s) that may be installed on aircraft as self-contained units to supplement the aircraft’s engines as a source of hydraulic, pneumatic, or electrical power.

6.2.1.7. AMO Limited Ratings

(a) Whenever the Director finds it appropriate, he may issue a limited rating to an AMO that maintains or alters only a particular type of airframe, power plant, propeller, radio, instrument, or accessory, or parts thereof, or performs only specialized maintenance requiring equipment and skills not ordinarily found in an AMO. Such a rating may be limited to a specific model aircraft, engine, or constituent part, or to any number of parts made by a particular manufacturer.

(b) Limited ratings are issued for:

(1) Aircraft;

(2) Airframe;

(3) Power plants;

(4) Propellers;

(5) Avionics equipment;

(6) Computer systems;

(7) Instruments;

(8) Accessories; and

(9) Any other purpose for which the Director finds the applicant’s request appropriate.

(c) Specialized service ratings. A specialized service rating may be issued to a maintenance organization to perform specific maintenance or processes. The specific operating provisions of the approved maintenance organization must identify the specification used in performing that specialized service. The specification may be:

(1) A civil or military specification that is currently used by industry and approved by the Director; or

(2) A specification developed by the approved maintenance organization and approved by the Director.

6.3 HOUSING, FACILITIES, EQUIPMENT, & MATERIALS

6.3.1.1. General

A certificated approved maintenance organization must provide personnel, facilities, equipment, and materials in quantity and quality that meet the standards required for the issuance of the certificate and ratings that the approved maintenance organization holds.

6.3.1.2. Housing and Facility Requirements

(a) Appropriate housing and facilities shall be provided for all planned work ensuring, in particular, protection from weather, suitable illumination and if necessary effective control of temperature and humidity.

(b) The work environment shall be appropriate for the task carried out and shall not impair the effectiveness of personnel.

(c) Office accommodation shall be appropriate for the management of planned work including, in particular, the management of quality, planning, and technical records. An effective outfit and layout of the facilities, of the different phases of the tasks to be performed does not have an adverse effect on each other.

(d) Specialized workshops and bays shall be segregated, as appropriate to ensure that environmental and work area contamination is unlikely to occur.

(e) Storage facilities shall be provided for parts, equipment, tools and material.

(f) Storage conditions shall provide security for serviceable parts segregation of serviceable from unserviceable parts, and shall prevent deterioration of and damage to stored items.

(g) Special arrangements which to the judgment of the Director are necessary in connection with the kind of work to be performed.

6.3.1.3. Equipment, Tools, and Material

(a) The AMO shall have available the necessary equipment, tools, and material to perform the approved scope of work and these items shall be under full control of the AMO. The availability of equipment and tools means permanent availability except in the case of any tool or equipment that is so rarely needed that its permanent availability is not necessary.

(b) The Director may exempt an AMO from possessing specific tools and equipment for maintenance or repair of an aircraft or aeronautical product specified in the AMO's approval, if these items can be acquired temporarily, by prior arrangement, and be under full control of the AMO when needed to perform required maintenance or repairs.

(c) The AMO shall control all applicable tools, equipment, and test equipment used for product acceptance and/or for making a finding of airworthiness.

(d) The AMO shall ensure that all applicable tools, equipment, and test equipment used for product acceptance and/or for making a finding of airworthiness are calibrated to ensure correct calibration to a standard acceptable to the Director and traceable to the Netherlands Antilles National Standards.

(e) The AMO shall keep all records of calibrations and the standards used for calibration.

6.4. ADMINISTRATION

6.4.1.1 Personnel and Training Requirements

(a) A management person or group of persons acceptable to the Director, whose responsibilities include ensuring that the AMO is in compliance with these regulations, shall be nominated.

(b) The person or persons nominated as manager shall represent the maintenance management structure of the AMO, and be responsible for all functions specified in Part 6.

(c) Nominated managers shall be directly responsible to an accountable manager who shall be acceptable to the Director.

(d) The AMO shall employ sufficient personnel to plan, perform, supervise and inspect and release the work in accordance with the approval.

(e) The competence of personnel involved in maintenance shall be established in accordance with a procedure and to a standard acceptable to the Director.

(f) The person signing maintenance release or an approval for return to service shall be qualified in accordance with the Ministerial Decree on Personnel Licensing

(g) The maintenance personnel and the certifying staff shall meet the qualification requirements and receive initial and continuation training for their assigned tasks and responsibilities in accordance with a program acceptable to the Director. The training program established by the AMO shall include training in knowledge and skills related to human performance, including co-ordination with other maintenance personnel and flight crew.

6.4.1.2. Rest and Duty Limitations for Persons Performing Maintenance Functions in an AMO

The duty and rest time shall be in accordance with the Arbeidsregeling 2000 as revised by the relevant authority .

6.4.1.3 Record of Certifying Staff

(a) The AMO shall maintain a roster of all certifying staff, which includes details of the scope of their authorization. The AMO shall maintain a roster approved by the Quality Control Manager listing by name and position the persons authorized to perform special inspections with an exact description of the task to be inspected by each individual mentioning the staff members of the Quality Control Department to whom they are subordinated when performing special inspections.

(b) Certifying staff shall be notified in writing of the scope of their authorization.

6.5 AMO OPERATING RULES

6.5.1.1 Approved Maintenance Organization Procedures Manual

(a) An AMO Maintenance Procedure Manual and any subsequent amendments thereto shall be approved by the Director prior to use.

(b) The AMO Maintenance Procedures Manual shall specify the scope of work required of the AMO in order to satisfy the relevant requirements needed for the approval of an aircraft or aeronautical product for return to service.

(c) The procedures manual and any other manual it identifies, must:

(1) Include instructions and information necessary to allow the personnel concerned to perform their duties and responsibilities with a high degree of safety. Special attention must be paid to the introduction of new aircraft and new or unusual equipment;

(2) Be in a form that is easy to revise and contain a system which allows personnel to determine current revision status;

(3) Have the date of the last revision printed on each page containing the revision;

(4) Not conflict with any applicable Netherlands Antilles regulation or the AMO specific operating provisions; and include:

(i) a reference to appropriate Civil Aviation Regulations.

(ii) the job description of the personnel involved in these tasks.

(iii) the procedures to be applied when executing these tasks, as well as the instructions meant in CARNA Part 5.5.1.3 (b)

(iv) the manner in which the maintenance release as meant in CARNA Part 5.5.1.2 (a)(3) is achieved, the circumstances under which this release can be rendered invalid and a statement which staff members are authorized to sign this release.

(d) The AMO shall provide an Approved Maintenance Procedures Manual for use by the organization, containing the following information:

(1) A statement signed by the accountable manager confirming that the Maintenance Organization Procedures Manual and any associated manuals define the AMO's compliance with this regulation and will be complied with at all times;

(2) A procedure to establish and maintain a current list of the titles and names of the management personnel accepted by the Director. The list of personnel may be separate from the Procedures Manual but must be kept current and available for review by the Director when requested;

(3) A list describing the duties and responsibilities of the management personnel and the matters on which they may deal directly with the Director on behalf of the AMO;

(4) An organization chart showing associated chains of responsibility of the management personnel.

(5) A procedure to establish and maintain a current roster of certifying personnel;

(6) A description of the procedures used to establish the competence of maintenance personnel;

(7) A general description of manpower resources;

(8) A description of the method used for the completion and retention of the maintenance records;

(9) A description of the procedure for preparing the maintenance release and the circumstances under which the release is to be signed;

(10) A description, when applicable, of additional procedures for complying with an AOC holder's maintenance procedures and requirements;

(11) A description of the procedures for complying with the service information reporting requirement contained in 6.5.1.9;

(12) A description of the procedure for receiving, amending and distributing within the maintenance organization all necessary airworthiness data from the type certificate holder or the type design organization;

(13) A general description of the facilities located at each address specified in the AMO's approval certificate;

(14) A general description of the AMO's scope of work;

(15) The notification procedure for the AMO to use when requesting the approval of changes to the organization of the AMO from the Director;

(16) The amendment procedure for the AMO Procedures Manual, including the submission to the Director;

(17) The AMO's procedures, acceptable to the Director, to ensure good maintenance practices and compliance with all relevant requirements in this subsection;

(18) The AMO’s procedures to establish and maintain an independent quality system to monitor compliance with the adequacy of the procedures to ensure good quality maintenance practices and airworthy aircraft and aeronautical products. Compliance monitoring must include a feedback system to the person or group of persons specified in 6.4.1.1, and ultimately to the accountable manager to ensure, as necessary, corrective action. Such a system shall be acceptable to the Director;

(19) The AMO procedures for self-evaluations, including methods and frequency of such evaluations, and procedures for reporting results to the accountable manager for review and action;

(20) A list of operators, if appropriate, to which the AMO provides aircraft maintenance service;

(21) A list of organizations performing maintenance on behalf of the AMO; and

(22) A list of the AMO’s line maintenance locations and procedures, if applicable.

6.5.1.2 Maintenance Procedures and Independent Quality Assurance System

(a) The AMO shall establish procedures acceptable to the Director to ensure good maintenance practices and compliance with all relevant requirements and regulations such that aircraft and aeronautical products may be properly released to service.

(b) The AMO shall establish an independent quality assurance system, acceptable to the Director, to monitor compliance with and adequacy of the procedures and by providing a system of inspection to ensure that all maintenance is properly performed. If to the judgment of the Director the nature or scope of the organization is not enough to carry an independent quality department, the Director may allow other means of compliance.

(c) The Quality Assurance Manual includes at least the following data and instructions;

(1) a description of the duties and responsibilities of and within the Quality Department and the organizational chart showing the position of Quality Department with respect to the other departments and the technical management of the organization and also showing the persons to whom the Quality Department is accountable;

(2) a description of the training program if in connection with the nature of the tasks an internal training program is used to guaranty that the personnel acquires the required knowledge, skills, and experience, the conditions to enroll in these trainings, the examination procedures or the procedures to evaluate the progress made during or after finishing the training, as well as the procedures to be followed and the conditions to be met to issue and renew the company license and a description of the organization doing oversight on this program.

(3) A description of the procedures with respect to the methods to inspect materials, semi- manufactured products, parts and equipment obtained from other companies as well as the way in which quality is guaranteed of parts or equipment obtained from other vendors that cannot be checked completely.

(4) A description of: the system to guaranty that the products are being manufactured in accordance with the applicable instructions, the test procedures applied and possible final tests carried out and a summary of the measures taken to guaranty that these processes are carried out correctly.

(5) A description of the manner in which material, semi-manufactured products, parts and equipment that where disapproved in the first instance may be re-examined including the way to act in respect of definitely rejected material, semi-manufactured products, parts and equipment.

(6) A description of the way the Quality Department will be kept informed of changes in drawing, specifications and procedures concerning quality management.

(7) A description of the way measuring equipment and measuring instruments and other test equipment are kept in good working condition in conformity with the relevant standards.

(8) A description of the way in which data of final inspection and tests are recorded and filed.

(9) A description of the way in which the records of time controlled components and the storage time of parts and products are kept.

(10) The AMO registers and tags important material, semi manufactured products and equipment in a systematic manner, in such a way that they can be identified and traced in every stage of the job activities and that it is easy to tell which ones were considered serviceable and which ones unserviceable.

(11) Of parts obtained from other manufacturers and parts manufactured by the AMO at least the following data shall be included:

(i) the trade mark of the manufacturer;

(ii) the type, model and specifications;

(iii) the serial number and/or the manufacturing date;

(12) if materials, semi-manufactured products, parts or equipment are obtained from third parties or are processed by third parties, the AMO shall make sure that before they are processed or put to use they are:

(i) approved by the Inspector;

(ii) delivered with a statement of an approved maintenance organization;

(iii) approved by the organization after an inspection done in accordance with methods prescribed in the Quality Assurance Manual.

(13) A description of the requirements for the issue of approval certificates as meant in 6.5.1.6.

(14) In relation to the maintenance, revision and repair of aircraft the manual contains additionally at least the following data and instructions;

(i) description of the organization in charge of maintenance, overhaul and repair including the personnel of different departments, duty assignments and the control of duties and responsibilities within this organization.

(ii) A description of the way defects and deficiencies must be reported in accordance with 6.5.1.9.

(iii) A list of activities/circumstances requiring special inspection.

(iv) Guidelines and procedures for the continuation of tasks and special inspections after an interruption or at the turnover of duties and special inspections, to guaranty that the execution of the task will not mistakenly be approved before these tasks are completed and the prescribed special inspections have been carried out.

(d) The quality assurance system shall include a procedure to initially qualify and periodically perform audits on persons performing work on behalf of the AMO.

(e) Compliance monitoring shall include a feedback system to the designated management person or group of persons directly responsible for the quality system and ultimately to the accountable manager to ensure, as necessary, corrective action.

(f) The maintenance procedures shall cover all aspects of maintenance activity and describe standards to which the AMO intends to work. The aircraft/aircraft component design standards and aircraft operator standards must be taken into account.

(g) The maintenance procedures shall address the provisions and limitations of Part 6.

(h) The Quality Assurance Manager must make sure that:

(1) all activities are carried out in accordance with the quality manual policy and the instructions laid down in the Maintenance Procedures Manual;

(2) materials, semi-manufactured products, parts and equipment obtained from third parties and required to meet certain specifications, meet these specifications;

(3) on delivery materials, semi-manufactured products, parts or equipment meet the proper issue of the specifications and drawings concerned;

(4) the personnel in charge of the execution of the activities and the personnel in charge of supervision of these activities have the required knowledge and skills;

(5) the procedures are correct

(6) the prescribed inspections and tests are carried out by the assigned authorized persons and in the correct way;

(7) materials, semi-manufactured products, parts or equipment intended for third parties which have been approved can only be delivered with an approval certificate of the company if approved by the inspector;

(8) materials, semi-manufactured products, parts and equipment on which the AMO certificate is applicable and which are intended to be used in aircraft or to be processed by third parties, will not be released for use or processed without approval of the inspector of the Quality Department and before the issuance of an approval certificate.

(i) To enable the Quality Assurance Manager to fulfill its duties properly, this person shall be furnished with enough data and effective and suitable equipment.

(j) The data mentioned in subpart (i) include in any case all the manuals.

(k) The activities are subjected to the supervision of the Quality Assurance Manager from start to finish.

(l) The AMO’s quality system shall be sufficient to review all maintenance procedures as described in the Procedures Manual in accordance with an approved program once a year for each aircraft type maintained.

(m) The AMO revises the Quality Manual on a regular basis and expedites the revisions to the Director for his approval and to update his copy.

(n) Each staff member performing tasks related to quality assurance is informed of and can subsequently take note when needed of the parts of this manual which are important for him and of changes made to this manual.

(o) The AMO’s quality system shall indicate when audits are due, when completed, and establish a system of audit reports, which can be looked into by visiting Authority staff on request. The audit system shall clearly establish a means by which audit reports containing observations about non-compliance or poor standards are communicated to the accountable manager.

6.5.1.3 Capability List

(a) Each certificated approved maintenance organization must prepare and retain a current capability list approved by the Director. The approved maintenance organization may not perform maintenance, preventive maintenance, or modifications on an article until the article has been listed on the capability list in accordance with this Part and 6.5.1.1(d)(19).

(b) The capability list must identify each article by make and model, part number, or other nomenclature designated by the article’s manufacturer.

(c) An article may be listed on the capability list only if the article is within the scope of the ratings and classes of the approved maintenance organization’s certificate, and only after the approved maintenance organization has performed a self-evaluation in accordance with 6.5.1.1(d)(19). The approved maintenance organization must perform the self-evaluation described in this paragraph to determine that the maintenance organization has all the facilities, equipment, material, technical data, processes, housing and trained personnel in place to perform the work on the article as required by this Part. If the approved maintenance organization makes that determination, it may list the article on the capability list.

(d) The document of the evaluation described in paragraph (c) of this section must be signed by the accountable manager and must be retained on file by the approved maintenance organization.

(e) Upon listing an additional article on its capability list, the maintenance organization must send a copy of the list to the Director.

(f) The capability list(s) must be available in the premises for inspection by the public and the Director.

(g) The self-evaluations must be available in the premises for inspection by the Director.

(h) The AMO shall retain the capability list(s) and self-evaluation(s) for two years from the date accepted by the accountable manager.

6.5.1.4 Privileges of the Approved Maintenance Organization

(a) The AMO shall carry out the following tasks as permitted by and in accordance with the AMO Maintenance Procedures Manual:

(1) Maintain any aircraft or aeronautical product for which it is rated at the location identified in the approval certificate;

(2) Maintain any aircraft for which it is rated at any location subject to the need for such maintenance arising from unserviceability of the aircraft;

(3) Describe the activities in support of a specific AOC holder where that AOC holder has requested the services of the AMO at locations other than the location identified on the AMO certificate and the AMO has been rated to maintain the aircraft of that specific AOC holder at the requested location in the AMO operating provisions approved by the Director; and

(4) Issue an approval for return to service or a maintenance release in respect of subparagraphs (a) (1), (2), and (3) of this subsection upon completion of maintenance in accordance with limitations applicable to the AMO.

(b) An AMO may not contract out the maintenance, preventive maintenance, modification or alteration of a complete type-certificated product, and it may not provide only approval for return to service of a product following contract maintenance.

(c) The AMO may maintain or alter any article for which it is rated at a place other than the AMO :

(1) If the function can be performed in the same manner as when performed at the AMO and in accordance with this Subpart;

(2) If all necessary personnel, equipment, material, and technical and/or approved standards are available at the place where the work is to be done;

(3) If the maintenance procedure manual of the AMO sets forth approved procedures governing work to be performed at a place other than the AMO.

(4) A special inspection is required before approval of the activities carried out.

6.5.1.5 Limitations on the AMO

The AMO shall maintain an aircraft or aeronautical product for which it is approved only when all necessary housing, facilities, equipment, tools, material, approved technical data and certifying staff are available .

6.5.1.6 Certificate of Release to Service

(a) A certificate of release to service shall be issued by appropriately authorized certifying staff when satisfied that all required maintenance of the aircraft or aeronautical product has been properly carried out by the AMO in accordance with the Maintenance Procedures Manual. An aeronautical product which has been maintained off the aircraft requires the issue of a certificate of release to service for such maintenance and another certificate of release to service relating to the aeronautical product being installed properly on the aircraft, when such action occurs.

(b) A certificate of release to service shall contain:

(1) Basic details of the maintenance carried out;

(2) The date such maintenance was completed;

(3) The identity, including the authorisation reference, of the AMO and certifying staff issuing the certificate;

(4) The words: Certificate of Approval issued in accordance with authorization by the Director of Civil Aviation as specified in AMO Certificate number..................... (insert number)or similar declaration including:

(5) The number of the approval;

(6) The name of the organization and number of the AMO as mentioned on the certificate;

(7) The product that the approval refers to;

(8) The activities that the approval refers to;

(9) The rules and regulations underlying the activities or the rules and regulations complied with;

(10) If it concerns overhaul or repair job activities, a statement that the product has been approved for the use for which it is intended;

(11) Work order under which possible additional data related to the product can be found in the technical administration;

(12) The name of the person signing the certificate and the date of signing

(c) The certificate is valid only if it is completed with a hard to erase writing tool and signed by:

(1) The Quality Control Manager or his deputy or,

(2) A person authorized by the AMO, with the consent of the Quality Manager.

(d) The person referred to in subparagraph (c) shall not sign an approval certificate without assuring himself of the correctness of the declaration to be signed

6.5.1.7 Maintenance Records

(a) The AMO shall record, in a form acceptable to the Director, all details of maintenance work performed.

(1) All regulations, specifications, standards and other data that are applicable to the activities of the AMO, materials, semi-manufactured products, parts and equipment shall be available in the organization.

(b) The AMO shall provide a copy of each certificate of release to service to the aircraft operator, together with a copy of any specific airworthiness data used for repairs/modifications performed.

(c) The AMO shall retain a copy of all detailed maintenance records and any associated airworthiness data for two years from the date the aircraft or aeronautical product to which the work relates was released from the AMO.

The organization shall have an effective and adequate technical administration with regards to:

  • a.

    the processing of materials, semi-manufactured products, parts and equipment in order to be able to identify and trace them in each stage of the activities;

  • b.

    the life time and shelf time of materials, parts and equipment where these times are required or play an important role;

  • c.

    the data concerning inspections and tests performed;

  • d.

    the results of measurements and tests of treatments applied to materials, semi-manufactured products, parts and equipment if the evaluation is also done on the basis of such data;

  • e.

    the certificates of approval as mentioned in 6.5.1.6 (a).

The organization shall keep the following data for at least the periods mentioned:

  • a.

    the drawings, manufacturer specifications and remaining data related to the manufacturing of the product: 2 years after the last product has been delivered;

  • b.

    the inspection reports, tests and test data related to the manufactured products: 2 years after the delivery;

  • c.

    data related to maintenance, overhaul and repair of parts and equipment: 2 years after finishing the maintenance tasks;

  • d.

    the administration related to the Certificate of Approval as meant in 6.5.1.6 (a): 2 years after the issue of the certificate;

  • e.

    the Certificates of Approval as meant in 6.5.1.6 (a) received for materials, semi-manufactured products, parts and equipment, obtained from third parties: 2 years after processing these goods.

(d) Each person who maintains, performs preventive maintenance, rebuilds, or modifies an aircraft/ aeronautical product shall make an entry in the maintenance record of that equipment:

(1) A description and reference to data acceptable to the Director of work performed.

(2) The date of completion of the work performed.

(3) The name of the person performing the work if other than the person specified in this subsection.

(4) If the work performed on the aircraft/aeronautical product has been performed satisfactorily, the signature, certificate number, and type of certificate held by the person approving the work.

(5) The authorized signature, the AMO certificate number and type of certificate held by the person approving or disapproving for return to service the aircraft, airframe, aircraft engine, propeller, appliances, component part, or portions thereof.

(6) The signature constitutes the approval for return to service only for the work performed.

(7) In addition to the entry required by this paragraph, major repairs and major modifications shall be entered on a form, and the form disposed of by the person performing the work, in the manner prescribed by the Director.

(e) No person shall describe in any required maintenance entry or form an aircraft or aeronautical component as being overhauled unless:

(1) using methods, techniques, and practices acceptable to the Director, it has been disassembled, cleaned, inspected as permitted, repaired as necessary, and reassembled; and

(2) it has been tested in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Director, which have been developed and documented by the holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under a TSO.

(f) No person may describe in any required maintenance entry or form, an aircraft or other aeronautical product as being rebuilt unless it has been:

(1) Disassembled, cleaned, inspected as permitted;

(2) Repaired as necessary and

(3) Reassembled and tested to the same tolerances and limits as a new item, using either new parts or used parts that either conforms to new part tolerances and limits, or to approve oversized or undersized dimensions.

(g) No person may approve for return to service any aircraft or aeronautical product that has undergone maintenance, preventive maintenance, rebuilding, or modification unless:

(1) The appropriate maintenance record entry has been made;

(2) The repair or modification form authorized by or furnished by the Director has been executed in a manner prescribed by the Director;

(h) If a repair or modification results in any change in the aircraft operating limitations or flight data contained in the approved aircraft flight manual, those operating limitations or flight data shall be appropriately revised and set forth as prescribed by the Director.

(i) Maintenance record entries for inspections.

The person approving or disapproving for return to service an aircraft/aeronautical product, after any inspection performed in accordance with this regulation, shall make an entry in the maintenance record of that equipment containing the following information:

(1) The type of inspection and a brief description of the extent of the inspection;

(2) The date of the inspection and aircraft total time in service ;

(3) The authorized signature, the AMO certificate number, and type of certificate held by the person approving or disapproving for return to service the aircraft, airframe, aircraft engine, propeller, appliance, component part, or portions thereof;

(4) If the aircraft is found to be airworthy and approved for return to service, the following or a similarly worded statement: I certify that this aircraft has been inspected in accordance with (insert type) inspection and was determined to be in airworthy condition;

(5) If the aircraft is not approved for return to service because of needed maintenance, non-compliance with the applicable specifications, airworthiness directives, or other approved data, the following or a similarly worded statement: I certify that this aircraft has been inspected in accordance with (insert type) inspection and a list of discrepancies and unairworthy items dated (insert date) has been provided to the aircraft owner or operator; and

(6) If an inspection is conducted under an inspection program provided for in this regulation, the entry shall identify the inspection program accomplished, and contain a statement that the inspection was performed in accordance with the inspections and procedures for that particular program.

(j) Listing of discrepancies.

If the person performing any inspection required by this regulation finds that the aircraft is not airworthy or does not meet the applicable type certificate data sheet, airworthiness directives, or other approved data upon which its airworthiness depends, that person shall give the owner or lessee a signed and dated list of those discrepancies.

6.5.1.8 Airworthiness Data

(a) The AMO shall be in receipt of all airworthiness data appropriate to support the work performed from the Director, the aircraft/aeronautical product design organization, and any other approved design organization in the State of Manufacture or State of Design, as appropriate.

(b) Where the AMO modifies airworthiness data specified in paragraph (a) to a format or presentation more useful for its maintenance activities, the AMO shall submit to the Director an amendment to the Maintenance Procedure Manual for any such proposed modifications for acceptance.

(c) All airworthiness data used by the AMO shall be kept current and made available to all personnel who require access to that data to perform their duties.

6.5.1.9 Reporting of Unairworthy Conditions

(a) The AMO shall report to the Director and the aircraft design organization of the State of any identified condition that could present a serious hazard to the aircraft.

(b) Reports shall be made on a form and in a manner prescribed by the Director and contain all pertinent information about the condition known to the AMO.

(c) An organization with an AMO certificate for maintenance, overhaul, repair of aircraft, aircraft parts and equipment, shall report a serious defect or deficiency found by the organization on the aircraft, a part or equipment, verbally and in writing to the Director taking into account the instructions given by the Director.

(d) Reporting shall take place without undue delay, but in any case within 24 hours of detecting the defect or deficiency. If the defect or deficiency endangers the safe use of the aircraft or the persons on board, reporting shall take place immediately.

(e) The report must be accompanied by a description of the defect or deficiency which must be as complete as possible and a list of all relevant data.

(f) The following is understood by a serious defect or deficiency:

(1) defect or deficiency of such a nature that a safe execution of the flight is not guaranteed;

(2) a defect or deficiency that may lead to serious injuries to the persons on board or may endanger their life.

(g) Where the AMO is contracted by an AOC holder to carry out maintenance, that AMO shall report to the AOC holder any condition affecting the aircraft or aeronautical product.

(h) Reports shall be made as soon as practicable, but in any case within three days of the AMO identifying the condition to which the report relates.

6.5.1.10 Inspections by the DCANA

(a) Each certificated approved maintenance organization must allow the DCANA inspectors to inspect that approved maintenance organization and any of its contracted maintenance facilities at any time to determine compliance with this Part. Arrangements for maintenance, preventive maintenance, or modifications by a contractor must include provisions for inspections of the contractor by DCANA inspectors.

(b) If to the opinion of the Director a product or the quality of the maintenance tasks carried out or the quality management needs improvement, the organization shall take the necessary measures taking into account the instructions given by the Director.

(c) At the request of the Director co-operation shall be given to an assessment by the government in the form of:

(1) an internal audit of the circumstances/events within the organization;

(2) inspections and tests regarding the conformity of a product or the tasks performed to the standards and requirements;

(3) preparation and presentation of suggestions for improvements;

(4) reporting on an investigation carried out by the industry.

(d) The expenses and the risk associated with the assessment as mentioned under 6.5.1.10 (c) will be for the account of the organization with the exception of the expenses of the person appointed by the Government to participate in the assessment.

6.5.1.11 Performance Standards

(a) Each certificated approved maintenance organization that performs any maintenance, preventive maintenance, modifications for an air operator certificated under Part 9 having an approved maintenance program under Part 9.4.1.12 and approved continuous maintenance program under Part 9.4.1.13 shall perform that work in accordance with the air operator’s manuals.

(b) Except as provided in paragraph (a), each certificated approved maintenance organization shall perform its maintenance and modification operations in accordance with the applicable standards in Part 5. It shall maintain, in current condition, all manufacturer’s service manuals, instructions, and service bulletins that relate to the articles that it maintains or modifies.

(c) In addition, each certificated approved maintenance organization with an avionics rating shall comply with those sections in Part 5 that apply to electronic systems, and shall use materials that conform to approved specifications for equipment appropriate to its rating. It shall use test apparatus, shop equipment, performance standards, test methods, modifications, and calibrations that conform to the manufacturer’s specifications or instructions, approved specifications, and if not otherwise specified, to accept good practices of the aircraft avionics industry.

(d) Oversight shall be carried out during the manufacturing of aircraft for which a certificate of airworthiness has been requested.

(e) With the exception of the cases identified by the Director, the aircraft shall be built by or under the supervision of an AMO.

(f) An organization that is in possession of an AMO certificate to manufacture aircraft shall, in case certain problems arise during the operation with that aircraft, such as shortcomings in the design, functioning or quality of the aircraft, a part or an equipment, causing the Director to have doubts in the airworthiness of the aircraft, and if according to the Director corrective measures require a modification of the aircraft, make sure that a proposal for modification is submitted to the Director for approval.

(g) If the proposed modification is approved, the manufacturer shall see to it that the data supporting the modification become available to the owners or holders of aircraft produced by the manufacturer, on which the proposed modification is applicable.

(h) The owners or holders of aircraft produced by the manufacturer will be informed by the manufacturer of the modification on the aircraft proposed by the manufacturer and approved by the Director which, to the opinion of the manufacturer or the Director, will benefit safety.