MINISTERIELE BESCHIKKING MET ALGEMENE WERKING van de 20ste november 2007 ter uitvoering van de artikelen 77, tweede lid, 83, tweede lid onder f, 84, eerste lid onder d, 84, derde en vierde lid, 93, derde lid, 95, eerste lid, van het Landsbesluit toezicht luchtvaart

BIJLAGE A

behorende bij de Beschikking Luchtwaardigheid van Luchtvaartuigen.

CIVIL AVIATION REGULATIONS - Netherlands Antilles

PART 5 AIRWORTHINESS

CONTENTS

PART 5 1

AIRWORTHINESS 1

• 5.

  1 GENERAL 1

  5.1.1.1 Applicability 1

  5.1.1.2 Definitions 1

  5.1.1.3 Abbreviations 2

• 5.

  2 AIRCRAFT AND COMPONENT ORIGINAL CERTIFICATION 2

  5.2.1.1 Applicability 2

• 5.

  3 SUPPLEMENTAL TYPE CERTIFICATES 2

  5.3.1.1 Applicability 2

  5.3.1.2 Issuance of a Supplemental Type Certificate 2

• 5.

  4 CERTIFICATE OF AIRWORTHINESS 2

  5.4.1.1 Applicability 2

  5.4.1.2 Eligibility 2

  5.4.1.3 Classifications of Certificates of Airworthiness 3

  5.4.1.4 Amendment of Certificate of Airworthiness 3

  5.4.1.5 Transfer or Surrender of Certificate of Airworthiness 3

  5.4.1.6 Effective Dates of Certificate of Airworthiness 3

  5.4.1.7 Aircraft Identification 3

  5.4.1.8 Issue of Standard Certificate of Airworthiness 3

  5.4.1.9 Airworthiness Directives 4

  5.4.1.10 Commercial Air Transport 4

  5.4.1.11 Issue of Special Certificate of Airworthiness 4

• 5.

  5 CONTINUED AIRWORTHINESS OF AIRCRAFT AND COMPONENTS 5

  5.5.1.1 Applicability 5

  5.5.1.2 Responsibility 5

  5.5.1.3 General 5

  5.5.1.4 Reporting of Failures, Malfunctions, and Defects (41) 6

• 5.

  6 AIRCRAFT MAINTENANCE AND INSPECTION 8

  5.6.1.1 Applicability 8

  5.6.1.2 Persons Authorized to Perform Maintenance, Preventive Maintenance, and Modifications 8

  5.6.1.3 Persons Authorized to Perform Maintenance 8

  5.6.1.4 Authorized Personnel to Approve for Return to Service 9

  5.6.1.5 Persons Authorized to Perform Inspections 9

  5.6.1.6 Performance Rules: Maintenance 9

  5.6.1.7 Performance Rules: Inspections 10

  5.6.1.8 Performance Rules: Airworthiness Limitations 10

  5.6.1.9 Aircraft mass and balance

• 5.

  7 MAINTENANCE RECORDS AND ENTRIES 11

  5.7.1.1 Content, Form, and Disposition of Maintenance, Preventive Maintenance, Rebuilding, and Modification Records 11

  5.7.1.2 Records of Overhaul and Rebuilding 11

  5.7.1.3 Approval for Return to Service after Maintenance, Preventive maintenance, Rebuilding, or Modification 11

  5.7.1.4 Content, Form, and Disposition of Records for Inspections 12

PART 5 1

IMPLEMENTING STANDARDS 1

IS: 5.1.1.2(a) (4)……………….Major Repairs (Definition) 2

IS: 5.1.1.2(a) (5)………………..Preventive Maintenance (Definition) 3

IS: 5.6.1.7 Performance Rules: 100-Hour Inspections 4

IS: 5.7.1.1 Recording of Major Repairs and Major Modifications 6

5.1 GENERAL

5.1.1.1 Applicability

(a) This regulation prescribes the requirements for:

(1) Certification of aircraft and aeronautical components;

(2) Issuance of Certificates of Airworthiness and other certifications for aeronautical products;

(3) Continued airworthiness of aircraft and aeronautical components;

(4) Rebuilding and modifications of aircraft and aeronautical components;

(5) Maintenance and preventive maintenance of aircraft and aeronautical components;

(6) Aircraft inspection requirements; and

(7) Air operator aircraft maintenance and inspection requirements.

5.1.1.2 Definitions

(a) For the purpose of this regulation, the following definitions shall apply.

(1) Approved: accepted by a Contracting State as suitable for a particular purpose.

(2) Category A: with respect to helicopters, means a multi-engine helicopter designed with engine and system isolation features specified in Part IVB and capable of operations using take-off and landing data scheduled under a critical engine failure concept which assures adequate designated surface area and adequate performance capability for continued safe flight or safe rejected take-off.

(3) Category B: with respect to helicopters, means a single-engine or multi-engine helicopter which does not meet Category A standards. Category B helicopters have no guaranteed capability to continue safe flight in the event of an engine failure, and a forced landing is assumed.

(4) Engine: a unit used or intended to be used for aircraft propulsion. It consists of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable).

(5) Helicopter: a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more powerdriven rotors on substantially vertical axes.

(6) Maintenance: the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification, and the embodiment of a modification or repair.

(7) Major modification: described in Implemented Standards (IS): 5.1.1.2(a) (3).

(8) Major repair: described in IS: 5.1.1.2(a) (4).

(9) Modification: the alteration of an aircraft or aeronautical product in conformity with an approved standard.

(10) Preventative maintenance: described in IS: 5.1.1.2(a) (5).

(11) Overhaul: the restoration of an aircraft/aeronautical product using methods, techniques, and practices acceptable to the Director, including disassembly, cleaning, and inspection as permitted, repair as necessary, and reassembly; and 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 State of Design, holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under Parts Manufacturing Authorization (PMA) or Technical Standard Order (TSO).

(12) Rebuild: the restoration of an aircraft/aeronautical product by using methods, techniques, and practices acceptable to the Director, when it has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled, and tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits. This work will be performed by only the manufacturer or an organization approved by the manufacturer, and authorized by the State of Registry.

(13) Repair: the restoration of an aeronautical product to an airworthy condition as defined by the appropriate airworthiness requirements.

(14) Required inspection items: maintenance items and/or alterations that must be inspected by a person other than the one performing the work, and include at least those that could result in a failure, malfunction, or defect endangering the safe operation of the aircraft, if not properly performed or if improper parts or materials are used.

(15) State of Design: the Contracting State which approved the original type certificate and any subsequent supplemental type certificates for an aircraft, or which approved the design of an aeronautical product or appliance.

(16) State of Manufacture: the Contracting State, under whose authority an aircraft was assembled, approved for compliance with the type certificate and all extant supplemental type certificates, test flown and approved for operation. The state of manufacture may or may not also be the state of design.

(17) State of Registry: the Contracting State on whose register the aircraft is entered.

Note: Also the terms used in the Standards for the Airworthiness of Aircraft in Annex 8 to the Convention shall apply and have the meaning laid down in Part I (Definition) of the previous mentioned annex.

:

5.1.1.3 Abbreviations:

(1) AOC – Air Operator Certificate

(2) AMO – Approved Maintenance Organization

(3) CARNA – Civil Aviation Regulations Netherlands Antilles

(4) DCANA – Directorate of Civil Aviation Netherlands Antilles

(5) MEL – Minimum Equipment List

(6) PIC – Pilot in command

(7) TSO – Technical Standard Order

5.2 AIRCRAFT AND COMPONENT ORIGINAL CERTIFICATION

5.2.1.1 Applicability

(a) This Subpart describes the procedures and designation of applicable rules for original certification of aircraft and related aeronautical product.

(b) The Minister will hold this Subpart reserved until such time as it has received an application for Type Certificates, Production Certificates or other related approvals.

(c) Any applicant for a production certificate for any aircraft or aeronautical product thereof for manufacture in the Netherlands Antilles shall comply with the type certificate as required by the State of Design for approval.

(d) At such time as the application for production is presented the Minister will make available suitable regulations or provisions for the issuance of a Certificate of Airworthiness, or airworthiness document as appropriate for the product concerned.

5.3 SUPPLEMENTAL TYPE CERTIFICATES

5.3.1.1 Applicability

This Subpart prescribes procedural requirements for the issue of supplemental type certificates.

5.3.1.2 Issuance of a Supplemental Type Certificate

Any person who alters a product by introducing a major change in type design, not great enough to require a new application for a type certificate, shall apply for a Supplemental Type Certificate to the regulatory agency of the State of Design that approved the type certificate for that product, or to the State of Registry of the aircraft. The applicant shall apply in accordance with the procedures prescribed by that State.

5.4 certificate of AIRWORTHINESS

5.4.1.1 Applicability

This Subpart prescribes procedures required for the issue of Certificates of Airworthiness.

5.4.1.2 Eligibility

(a) Any registered owner/holder of an aircraft registered in the Netherlands Antilles, or agent of the owner/holder, may apply for a Certificate of Airworthiness for that aircraft.

(b) Each applicant for a Certificate of Airworthiness shall apply in a form and manner acceptable to the Minister.

5.4.1.3 Classifications of Certificates of Airworthiness

(a) Standard Certificates of Airworthiness will be issued for aircraft in the specific category and model designated by the State of Design in the type certificate.

(b) The Minister may issue a Special Certificate of Airworthiness in the form of a restricted certificate or special flight permit.

(c) As far as the evaluation of the airworthiness of aircraft is concerned distinction is made between the type evaluation and a serial evaluation.

(1) An aircraft shall be evaluated as a type aircraft when an aircraft of that type has never been evaluated before in the Netherlands Antilles.

(2) An aircraft is evaluated as a serial aircraft when the airworthiness of an aircraft of that type has already been evaluated before in the Netherlands Antilles or when this aircraft only differs from the type evaluated in such a way that in the judgment of the Director there is no question of a new design or of a deviation on main points from the basic design.

(d) In order to be able to determine the airworthiness requirements to be met aircraft are classified in categories.

(e) An aircraft can belong to more than one category, with the exception of aircraft classified in category S.

(f) The categories that may appear on the Certificate of Airworthiness are:

(1) Fixed wing aircraft:

(a) T (Transport Aircraft).

(b) N (Normal Aircraft).

(c) U (Utility Aircraft).

(d) A (Aerobatic Aircraft).

(e) L (Light Aircraft).

(2) Rotary Wing Aircraft:

(a) A (multi engine transport aircraft).

(b) B (single or multiengine transport aircraft).

(c) N (normal aircraft).

(3) Restricted (R):

(a) Aircraft being used for crop dusting.

(b) Aircraft being used for banner towing.

(c) Aircraft being used for parachute jumping.

(4) Special (S):

1 aircraft on which before the issuing of the first Certificate of Airworthiness in a category, as mentioned under sub a or b, an evaluation of the airworthiness has been conducted;

2 experimental aircraft.

(g) Airworthiness code for aircraft categories:

(1) Fixed wing type aircraft of the category T and fixed wing aircraft must comply with the Code of Federal Regulation (CFR) 14 Part 25.

• (2).

  Fixed wing type aircraft of the category N, U and A must comply with the Code of Federal Regulation (CFR) 14 Part 23.

• (3).

  Rotary wing type aircraft of the category A and B must comply with the Code of Federal Regulation (CFR) 14 Part 29.

• (4).

  Rotary wing type aircraft of the category N must comply with the Code of Federal Regulation (CFR) 14 Part 27.

(h) Category N aircraft used in transport flights:

Aircraft of category N being used in transport flights, must comply with the requirements in subpart 5.4.1.3.g.2, 5.4.1.3.g.4 and CARNA Part 9.

(i) Other aircraft usages:

(1) Fixed wing aircraft used for banner towing must comply with the requirements in subpart 5.4.1.3.g and 5.7.1.3.b and 5.7.1.3.c and CARNA Part 11 subpart 5.

(2) Aircraft being used for crop dusting must comply with the requirements in subpart 5.4.1.3.g and CARNA Part 11 subpart 2.

(3) Fixed wing aircraft used for parachute jumping must comply with the requirements in subpart 5.4.1.3.g and with the Code of Federal Regulation (CFR) 14 Part 105.

5.4.1.4 Amendment of the Certificate of Airworthiness

(a) The Minister may amend or modify a Certificate of Airworthiness:

(1) Upon application from an operator.

(2) On his own initiative.

5.4.1.5 Transfer or Surrender of Certificate of Airworthiness

(a) An owner/holder shall transfer a Certificate of Airworthiness:

(1) To the lessee upon lease of an aircraft within or outside the Netherlands Antilles.

(2) To the buyer upon sale of the aircraft within the Netherlands Antilles.

(b) An owner/holder shall surrender the Certificate of Airworthiness for the aircraft to the Minister upon sale of that aircraft outside of the Netherlands Antilles.

5.4.1.6 Effective Dates of Certificates of Airworthiness

(a) Certificates of Airworthiness are effective as follows unless sooner surrendered, suspended or revoked, or a special termination date is otherwise established by the Minister:

(1) A special flight permit is valid for the period of time specified in the permit.

(2) A Certificate of Airworthiness shall be renewed or shall remain valid, to the maximum of one year. The continuous airworthiness of aircraft registered in the Registry of the Netherlands Antilles shall be maintained determined by a periodical inspection at appropriate intervals having regard to lapse of time and type of service.

(b) When an aircraft imported for registration (or entered into a service agreement with an AOC-Holder) in the Netherlands Antilles has a Certificate of Airworthiness issued by another Contracting State, the Netherlands Antilles may, as an alternative to issuance of its own Certificate of Airworthiness, establish validity by suitable authorization to be carried with the former Certificate of Airworthiness accepting it as the equivalent of a Certificate of Airworthiness issued by the Netherlands Antilles. The validity of the authorization shall not extend beyond the period of validity of the Certificate of Airworthiness or one year, whichever is less.

5.4.1.7 Aircraft Identification

Each applicant for a Certificate of Airworthiness shall show that the aircraft is properly registered and marked, including identification plates.

5.4.1.8 Application/Renewal of Standard Certificates of Airworthiness

(a) The Minister will issue a Standard Certificate of Airworthiness if:

(1) The applicant presents evidence to the Minister that the aircraft conforms to a type design approved under a type certificate or a supplemental type certificate and to the applicable Airworthiness Directives of the State of Manufacture;

(a) With regards to aircraft manufactured in a State which are being imported from that State or another State, a Certificate of Airworthiness may be issued if:

(1) it is manufactured in accordance with the actual applicable requirements of the State of manufacturer;

(2) it complies with all airworthiness directives which are applicable on the date of application, as far as these directives are known to the authorities of the State of manufacturer;

(3) the last issued State of manufacturer Export Certificate of Airworthiness is submitted;

(4) An Export Certificate of Airworthiness or a Certificate of Airworthiness by the exporting State issued not earlier than 60 days before the date of application is submitted.

(2) The aircraft has been inspected in accordance with the performance rules of this regulation for inspections and found airworthy by persons authorized by the Director to make such determinations within the last 30 calendar days; and

(a) the relevant operational limitations are not exceeded; and

(b) the Director finds after an inspection that the aircraft conforms to type design and is in condition for safe operation; and

(c) as long as the requirements set forth herein with regards to maintaining the airworthy condition as mentioned in subpart 5.6.1.1 and 5.6.1.2.b are met.

(b) The application for a Certificate of Airworthiness must be done using an application form which is available at the Directorate of Civil Aviation. The application will not be dealt with as long as the applicant has not settled the amount due. Amount due will be for:

(1) issuing or renewal of an Certificate of Airworthiness, the amount of ANG 200 increased with ANG 100, for each 1000 kilograms or part there of by which the maximum takeoff weight of the aircraft surpasses 1000 kilograms.;

(2) reissue of a Certificate of Airworthiness: the amount of ANG 100.

(c) The amount due is deposited on the bank account of the Directorate of Civil Aviation providing the necessary references and descriptions. The Directorate of Civil Aviation shall provide a receipt after the payment.

(d) If the validity of the Certificate of Airworthiness is suspended or revoked or based on the investigation by the Director can be concluded that through fault of the applicant an evaluation of the airworthiness could not be performed, the amount deposited will not be refunded.

(e) The expenses and risks related to the evaluation of the airworthiness of an aircraft are for the account of the applicant, excluding the expenses and risks for the person(s) assigned for this evaluation by the Government.

(f) If for this evaluation the Government employee in question must perform his duties in a foreign country, the travel and accommodation expenses for said person will be on applicants account. In this case the travel and accommodation allowances established by the Government will be used

(g) A request to issue a Certificate of Airworthiness must be accompanied by the following data and information:

(1) data concerning the aircraft, reports, and calculations, needs to show that the aircraft meets the airworthiness requirements which are applicable to this aircraft;

(2) the Aircraft Flight Manual describing the airworthiness requirements;

(3) a maintenance manual that must at least contain:

(a) description of the aircraft;

(b) directions for handling of the aircraft on the ground;

(c) directions for assembling, disassembling and joining of the different parts of the aircraft;

(d) description of the power plant, propeller and installations of the aircraft;

(e) directions for maintenance, revisions on the aircraft and the related time periods for inspections.

(4) a rotable parts list for the aircraft, power plant and installations;

(5) if it concerns a serial type aircraft, an accurate description of the deviations from the type aircraft.

(h) The aircraft data which relate to type description are:

(1) the drawings and specifications needed with regard to the design of the aircraft, to illustrate the construction and properties of the aircraft as described in the airworthiness requirements,

(2) data related to the dimensions, materials, work procedures, essential in determining the strength of the construction and the proper functioning of the aircraft;

(3) data needed to determine the airworthiness of a serial type aircraft on basis of comparison.

(4) In case these data have already been submitted for an aircraft of the same type and these data are applicable to the serial aircraft it will be enough to refer to the books / reports/ calculations already submitted.

(i) Data referred to in this subpart should be submitted in due time in order to guarantee a timely evaluation of the airworthiness of the aircraft and examination of the correctness of the data in question.

(j) In the event the data are completely or partly available in electronic format the inspector may allow those to be submitted, provided that said material can be accessed at the Directorate.

(k) A Certificate of Airworthiness for a Netherlands Antilles aircraft will be issued if evidence has been given that the aircraft is in airworthy condition.

(l) When evaluating an aircraft the airworthiness requirements applicable on the date of the request will be used.

(m) “Intentionally left blank”

(n) The Certificate of Airworthiness has a validity period of maximum one year initiating from the issue date of the certificate. The validity period will be mentioned on the Certificate of Airworthiness.

(1) The validity period of the Certificate of Airworthiness will be renewed for the benefit of the holder who has submitted such a request, and paid the amount due under subpart (b) provided it has been proven that the aircraft has maintained its airworthiness.

(2) A request for renewal of the validity period must be filed at least 15 days before the expiration date.

(o) The Minister may validate a Certificate of Airworthiness issued by another Contracting State upon registration of the aircraft in the Netherlands Antilles for the period specified in that certificate, with a maximum of one year, provided there is a cooperation agreement between Netherlands Antilles and the State in question. Subpart 5.4.1.8 (u) to (ab) applies in case of the application, suspension, revocation, change and the renewal of a validated certificate of airworthiness.

(p) The Minister may;

(1) in special cases allow the application of other airworthiness requirements than those mentioned in subpart 5.1.1.1.a.1 and 5.4.1.8.a, when evaluating the airworthiness of an aircraft provided that an equal level of airworthiness is achieved, and

(2) issue additional requirements if to his judgment, the aircraft, part or equipment is of such a construction or such a quality that to his judgment the actual standards are not sufficient to guarantee an adequate level of safety.

(q) “Intentionally left blank"

(r) A Certificate of Airworthiness can be renewed for the benefit of the holder who has submitted said request and paid the amount due under (b) in case the certificate has been lost, become unreadable, damaged or in any other way unusable.

(s) If a Certificate of Airworthiness is renewed because it was lost, and the lost certificate is recovered, the holder of the certificate is obliged to return the recovered certificate to the Director without delay.

(t) If a Certificate of Airworthiness has been renewed for other reason than loss, the holder of the certificate is obliged to return the original certificate within 14 days of receipt of the new certificate to the Director.

(u) If it turns out that the data mentioned on the Certificate of Airworthiness are not correct, the Minister shall reissue a certificate free of charge to the holder.

(v) The holder of the earlier received certificate is obliged to return that certificate to the Director within 14 days of receipt of the corrected document.

(w) The validity of a Certificate of Airworthiness may be suspended, if:

(1) it is doubtful whether the aircraft is in airworthy condition;

(2) a requirement as stated in article 84 of the Government Decree on Civil Aviation Safety Oversight (Landsbesluit Toezicht Luchtvaart) is not adhered to;

(3) the data, mentioned on the Certificate of Airworthiness or in the Aircraft Flight Manual are not correct;

(4) a non approved alteration has been carried out;

(5) an important restoration has not been carried out in accordance with approved data;

(6) no opportunity is given to inspect the aircraft;

(7) the aircraft was involved in an accident.

(x) Obligations of the holder:

(1) The holder of the certificate must be notified in writing of the suspension stating the underlying motives.

(2) The holder of the certificate that has been suspended must return the Certificate of Airworthiness to the Director within 14 days after receiving the notification.

(y) A suspension will be raised:

(1) by the Minister if the motives for suspension are eliminated;

(2) if the Certificate of airworthiness is revoked.

(z) After lifting the suspension as mentioned in subpart 5.4.1.6 (a), the Director will return the certificate expeditiously to the person concerned.

(aa) A Certificate of Airworthiness may be revoked, if:

(1) the aircraft is not in an airworthy condition;

(2) the use of the aircraft has been seized or the aircraft is considered to be lost because the airframe is damaged beyond repair;

(3) an obligation as mentioned in article 84 of the Government Decree on Civil Aviation Safety Oversight (Landsbesluit Toezicht Luchtvaart) is not met;

(4) a non approved alteration has been carried out;

(5) the aircraft is altered in such a way that it is considered a new type;

(6) the aircraft has been involved in an accident;

(7) the aircraft has been de-registered.

(ab) A Certificate of Airworthiness will not be withdrawn until after the appeal has been dealt with or opportunity is given to the Aviation Safety Board to issue its recommendation.

(ac) The holder of the certificate must be notified in writing of the revocation stating the underlying motives.

(ad) The holder of the certificate can appeal within 14 days of receipt of the notification, against the suspension to the Governor, submitting all relevant documents.

5.4.1.9 Airworthiness Directives

(a) Upon registration of an aircraft in the Netherlands Antilles, the Director will notify the State of Design of the aircraft of the registration in the Netherlands Antilles, and request that the Director receives any and all airworthiness directives addressing that aircraft, airframe, aircraft engine, propeller, appliance, or component part.

(b) Whenever the State of Design considers that a condition in an aircraft, airframe, aircraft engine, propeller, appliance, or component part is unsafe as shown by the issuance of an airworthiness directive by that State, the Director will make the requirements of such directives apply to the Netherlands Antilles registered civil aircraft of the type identified in that airworthiness directive.

(c) The Director may identify manufacturer's service bulletins and other sources of data, or develop and prescribe inspections, procedures and limitations, for mandatory compliance pertaining to affected aircraft in the Netherlands Antilles. When ever needed the Director will issue a Publication to Netherlands Antilles Airmen and Owners of Aeroplanes (PAL).

(d) No person may operate any Netherlands Antilles registered civil aircraft to which the measures of this subsection apply, except in accordance with the applicable directives.

5.4.1.10 Commercial Air Transport

A Certificate of Airworthiness will be considered valid for commercial air transport only when endorsed on the certificate or accompanied by an evaluation form issued by the appropriate Director which identifies the specific types of commercial air transport authorized.

5.4.1.11 Issue of Special Certificates of Airworthiness

(a) The Minister may issue a Special Certificate of Airworthiness to the aircraft that does not qualify for a standard certificate.

(b) Aircraft holding Special Airworthiness Certificates shall be subject to operating limitations within the Netherlands Antilles and may not make international flights The Minister shall issue specific operating limitations for each Special Airworthiness Certificate.

(c) The Director may issue Special Flight Permits to an aircraft that is capable of safe flight, but unable to meet applicable airworthiness requirements for the purpose of:

(1) Flying to a base where repairs, modifications, maintenance, or inspections are to be performed, or to a point of storage;

(2) Testing after repairs, modifications, or maintenance have been performed;

(3) Delivering or exporting the aircraft;

(4) Evacuating aircraft from areas of impending danger; and

(5) Operating at weight in excess of the aircraft's maximum Certified Takeoff Weight for flight beyond normal range over water or land areas where adequate landing facilities or appropriate fuel is not available. The excess weight is limited to additional fuel, fuel-carrying facilities, and navigation equipment necessary for the flight.

(d) The Minister may issue a special flight permit with continuing authorization issued to an aircraft that may not meet applicable airworthiness requirements but is capable of safe flight, for the purpose of flying this aircraft to a base where maintenance or alterations are to be performed. The permit issued under this paragraph is an authorization, including conditions and limitations for flight, which is set forth in the AOC Holder's specific operating provisions. This permit under this paragraph may be issued to an AOC Holder certificated under CARNA Part 9.

(e) In the case of Special Flight Permits, the Minister shall require a properly executed maintenance endorsement in the aircraft permanent record by a person or organization, authorized in accordance to this regulation, stating that the subject aircraft has been inspected and found to be safe for the intended flight.

(f) The operator shall obtain all required overflight authorizations from countries to be overflown on flights outside the Netherlands Antilles.

5.5 CONTINUED AIRWORTHINESS OF AIRCRAFT AND COMPONENTS

5.5.1.1 Applicability

This Subpart prescribes rules governing the continued airworthiness of civil aircraft registered in the Netherlands Antilles whether operating inside or outside the borders of the Netherlands Antilles.

5.5.1.2 Responsibility

(a) The owner/holder of an aircraft or, in the case of a leased aircraft, the lessee (holder), shall be responsible for maintaining the aircraft in an airworthy condition by ensuring that:

(1) All maintenance, overhaul, modifications and repairs which affect airworthiness are performed as prescribed by the Netherlands Antilles.

(2) Maintenance personnel make appropriate entries in the aircraft maintenance records certifying that the aircraft is airworthy;

(3) The approval for return to service (maintenance release) is completed to the effect that the maintenance work performed has been completed satisfactorily and in accordance with the prescribed methods; and

(4) In the event there are open discrepancies, the maintenance release includes a list of the uncorrected maintenance items and these items are made a part of the aircraft permanent record

(5) For all large aircraft or aircraft used for commercial air transport the analysis of the effectiveness of the approved maintenance program.

5.5.1.3 General

(a) No person may perform maintenance, preventive maintenance, or modifications on an aircraft other than as prescribed in this regulation.

(b) No person may operate an aircraft for which a manufacturer’s maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitation section unless the mandatory replacement times, inspection intervals, and related procedures specified in that section or alternative inspection intervals and related procedures set forth in the specific operating provisions approved under CARNA Part 9, (and privately operated aircraft added to 5.6.1.8) or in accordance with the inspection program approved under CARNA Part 8 have been complied with.

(c) No person may operate an aeronautical product to which an Airworthiness Directive applies, issued either by the State of Design, or State of Manufacture and adopted for the Netherlands Antilles-registered aircraft by the Minister, or by the State of Registry for aircraft operated within the Netherlands Antilles, except in accordance with the requirements of that Airworthiness Directive.

(d) When the Director determines that an airframe or aeronautical product has exhibited an unsafe condition and that condition is likely to exist or to develop in other products of the same type design, the Minister may issue an Airworthiness Directive prescribing inspections and the conditions and limitations, if any, under which those products may continue to be operated.

(e)If a foreign aircraft is grounded because it is not in an airworthy condition the relevant Authority of the State of registry will be informed promptly, stating all relevant factors and details contributing to the judgment of the airworthiness. This Authority will determine whether and under which conditions the aircraft may depart. Based on the discussions with the relevant Authorities of the State of registry, the Director will decide whether the aircraft may depart.

(f) Paragraph (e) will not be applicable for an aircraft registered in a State, which is not an ICAO contracting State. The Minister will decide if the aircraft may depart under those circumstances.

5.5.1.4 Reporting of Failures, Malfunctions, and Defects

(a) Owner/holders or operators of all aircraft over 5,700 kg maximum take-off weight shall report to the Director any failures, malfunctions, or defects that result in at least the following:

(1) Fires during flight and whether the related fire-warning system properly operated;

(2) Fires during flight not protected by a related fire-warning system;

(3) False fire warning during flight;

(4) An engine exhaust system that causes damage during flight to the engine, adjacent structure, equipment, or components;

(5) An aircraft component that causes accumulation or circulation of smoke, vapour, or toxic or noxious fumes in the crew compartment or passenger cabin during flight;

(6) Engine shutdown during flight because of flameout;

(7) Engine shutdown during flight when external damage to the engine or aircraft structure occurs;

(8) Engine shutdown during flight due to foreign object ingestion or icing;

(9) Shutdown during flight of more than one engine;

(10) A propeller feathering system or ability of the system to control overspeed during flight;

(11) A fuel or fuel-dumping system that affects fuel flow or causes hazardous leakage during flight;

(12) An unintended landing gear extension or retraction, or opening or closing of landing gear doors during flight;

(13) Brake system components that result in loss of brake actuating force when the aircraft is in motion on the ground;

(14) Aircraft structure that requires major repair;

(15) Cracks, permanent deformation, or corrosion of aircraft structure, if more than the maximum acceptable to the manufacturer or the Director;

(16) Aircraft components or systems malfunctions that result in taking emergency actions during flight (except action to shut down an engine);

(17) Each interruption to a flight, unscheduled change of aircraft en route, or unscheduled stop or diversion from a route, caused by known or suspected technical difficulties or malfunctions;

(18) Any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure;

(19) A failure or malfunction of more than one attitude, airspeed, or altitude instrument during a given operation of the aircraft.

(20) The number of engines removed prematurely because of malfunction, failure or defect, listed by make and model and the aircraft type in which it was installed; or

(21) The number of propeller featherings in flight, listed by type of propeller and engine and aircraft on which it was installed.

(b) Each report required by this Subsection shall:

(1) Cover a period of 24 hours each, be linked to each other and be submitted the latest on the working day following the day of the event.

(2) Reporting of events cannot be left undone because of lack of data.

(3) If not all data are available a report shall be assembled as soon as possible containing supplementary data making reference to the previous submitted report unless a different arrangement has been made with the Director.

(4) Be made within 3 days after determining that the failure, malfunction, or defect required to be reported has occurred; and

(5) Include as much of the following information as is available and applicable:

(a) Aircraft serial number;

(b) When the failure, malfunction, or defect is associated with an article approved under a TSO authorisation, the article serial number and model designation, as appropriate;

(c) When the failure, malfunction or defect is associated with an engine or propeller, the engine or propeller serial number, as appropriate;

(d) Product model;

(e) Identification of the part, component, or system involved, including the part number; and

(f) Nature of the failure, malfunction, or defect.

(c) With regard to aircraft registered in the Netherlands Antilles, the Director will submit all such reports upon receipt to the State of Design.

(d) With regard to a foreign registered aircraft the Director, will submit all such reports upon receipt to the State of Registry.

5.5.1.5 Test Flight

(a) In order to renew the validity of the Certificate of Airworthiness of an aircraft a test flight may be conducted under the supervision of the airworthiness inspector once the aircraft has been released according the relevant requirements.

(b) The test flight shall be conducted under VMC conditions over open water or sparsely populated area both having light traffic and assigned or approved by the Director.

5.6 AIRCRAFT MAINTENANCE AND INSPECTION

5.6.1.1 Applicability

This Subpart prescribes rules governing the maintenance and inspection of any aircraft having a Netherlands Antilles Certificate of Airworthiness or associated aeronautical products.

5.6.1.2 PERSONS AUTHORIZED TO PERFORM MAINTENANCE, PREVENTIVE MAINTENANCE, AND MODIFICATIONS

(a) The persons authorized to perform maintenance subject to this Subpart include:

(1) A pilot licensed by the Minister;

(2) A person performing maintenance under the supervision of an aviation maintenance technician;

(3) An aviation maintenance technician;

(4) An AOC holder, approved to perform maintenance under an equivalent system; and

(5) An AMO.

(b) This Subpart outlines the privileges and limitations of these entities with respect to the extent and type of work they may perform regarding:

(1) Maintenance,

(2) Preventive Maintenance,

(3) Modification,

(4) Inspection, and

(5) Approvals for return to service.

5.6.1.3 Persons Authorized to Perform Maintenance

(a) No person may perform any task defined as maintenance on an aircraft or aeronautical products, except as provided in the following:

(1) A pilot licensed by the Minister may perform preventive maintenance on any aircraft up to a maximum of 2000kg, owned and operated by that pilot so long as the aircraft is not listed for use by an AOC holder.

(2) A person working under the supervision of an aviation maintenance technician may perform the maintenance, preventive maintenance, and modifications that the supervisory aviation maintenance technician is authorized to perform:

(i) If the supervisor personally observes the work being done to the extent necessary to ensure that it is being done properly, and

(ii) If the supervisor is readily available, in person, for consultation.

(3) A licensed aviation maintenance technician may perform or supervise the maintenance or modification of an aircraft or aeronautical product for which he or she is rated subject to the limitation of CARNA Part 2.

(4) An AMO may perform aircraft maintenance within the limits specified by the Director.

(5) The AOC holder may perform aircraft maintenance as specified by the Director.

(6) A manufacturer holding an AMO may:

(a) Rebuild or alter any aeronautical product manufactured by that manufacturer under a type or production certificate;

(b) Rebuild or alter any aeronautical product manufactured by that manufacturer under a TSO Authorisation , a Parts Manufacturer Approval by the State of Design , or Product and Process Specification issued by the State of Design ; and

Perform any inspection required by CARNA Part 8 on aircraft it manufacturers, while currently operating under a production certificate or under a currently approved production inspection system for such aircraft.

(7) No person may perform any task defined as maintenance on an aircraft or aeronautical product, unless that person has satisfactorily completed a training course approved by the Director, sufficient to allow that person to perform the task as specified in subpart 5.6.1.6. Persons who are participants in an approved course may be allowed to carry out tasks for which they have been trained, but only under the direct supervision of an AMT.

(8) No person shall be employed by an AOC holder, or an AMO, in a capacity where that person may be asked to perform any task defined as a maintenance task, unless the educational standard achieved by that person is sufficient to allow that person to:

(a) Read and understand clearly the maintenance instructions published by the manufacturer of an aeronautical product, or instructions for continued airworthiness published by an Airworthiness Authority,

(b) Carry out the task as intended by, and to a standard acceptable to the manufacturer and the applicable Authority, and

(c) Document on a worksheet, or in a maintenance logbook, the work that he or she has performed in a manner that can be clearly understood by another person.

5.6.1.4 Authorized Personnel to Approve for Return to Service

(a) No person or entity other than the Director may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service after it has undergone maintenance, preventive maintenance, rebuilding, or modification, except as provided in the following:

(1) A pilot licensed by the Minister may return his or her aircraft to service after performing authorized preventive maintenance.

(2) A licensed aviation maintenance technician may approve aircraft and aeronautical products for return to service after he or she has performed, supervised, or inspected its maintenance subject to the limitation of CARNA Part 2.

(3) An AMO may approve aircraft and aeronautical products for return to service as provided in the specifications approved by the Director.

(4) An AOC holder may approve aircraft and aeronautical products for return to service as specified by the Director.

5.6.1.5 Persons Authorized to Perform Inspections

(a) No person, other than the Inspector authorized by the Director, may perform the inspections required by CARNA Part 8 under “Required Aircraft and Equipment Inspections” for aircraft and aeronautical products prior to or after it has undergone maintenance, preventive maintenance, rebuilding, or modification, except as provided in the following:

(1) An aviation maintenance technician may conduct the required inspections of aircraft and aeronautical products for which he or she is rated and current.

(2) An AMO may perform the required inspections of aircraft and aeronautical products as provided in the specifications approved by the Director.

(3) An AOC holder may perform the required inspections of aircraft and aeronautical products in accordance with specifications issued by the Director.

5.6.1.6 Performance Rules: Maintenance

(a) Each person performing maintenance, preventive maintenance, or modification on an aeronautical product shall use the methods, techniques, and practices prescribed in:

(1) The current manufacturer's maintenance manual or instructions for Continued Airworthiness prepared by its manufacturer; and

(2) Additional methods, techniques and practices required by the Director; or methods, techniques and practices designated by the Director where the manufacturer’s documents were not available.

(b) Each person shall use the tools, equipment, and test apparatus necessary to assure completion of the work in accordance with accepted industry practices. If the manufacturer involved recommends special equipment or test apparatus, the person performing maintenance shall use that equipment or apparatus or its equivalent acceptable to the Director.

(c) Each person performing maintenance, preventive maintenance, or modification on an aeronautical product shall do that work in such a manner, and use materials of such a quality, that the condition of the aeronautical product worked on will be at least equal to its original or properly altered condition with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and other qualities affecting airworthiness.

(d) The methods, techniques, and practices contained in an AOC holder’s maintenance control manual and continuous maintenance program, as approved by the Director, will constitute an acceptable means of compliance with the requirements of this subsection.

(e) Aircraft Parts and Materials:

(1) All aeronautical parts and materials being installed or used on Netherlands Antilles registered aircraft must be traceable and must be supplied with documentation to attest to the fact.

(2) All rotable parts must be supplied with an original or certified copy of an Authorised Release Certificate that complies with the requirements of the DCANA, FAA, Transport Canada, EASA (European Aviation Safety Agency) or equivalent Aviation Safety Agency.

(3) All expendable parts must be supplied with either an Authorised Release Certificate as in (b) or a signed Certificate of Conformity that carries an appropriate statement that the part complies with airworthiness requirements. Packing Slips that incorporate signed conformance certification are also acceptable.

(4) Segments of bulk parts covered under a single certification document may be supplied with a copy of the document along with the necessary certification stating the location where the original documentation is being held on file.

(5) Uncertified photocopies of documentation are NOT acceptable.

(6) Whenever a part or item of material is installed on an aircraft, the documentation specified in (a) through (d) above, as applicable, must be included in the aircraft records along with the worksheet, job card, or logbook page that carries the entry for the work performed.

5.6.1.7 Performance Rules: Inspections

(a) General. Each person performing an inspection required by the Director shall:

(1) Perform the inspection so as to determine whether the aircraft, or portion(s) thereof under inspection, meets all applicable airworthiness requirements; and

(2) If there is an inspection program required or accepted for the specific aircraft being inspected perform the inspection in accordance with the instructions and procedures set forth in the inspection program.

(b) Rotorcraft. Each person performing an inspection required on a rotorcraft shall inspect the following systems in accordance with the maintenance manual or Instructions for Continued Airworthiness of the manufacturer concerned:

(1) The drive shafts or similar systems,

(2) The main rotor transmission gear box for obvious defects,

(3) The main rotor and centre section (or the equivalent area), and

(4) The auxiliary rotor on helicopters.

(c) Annual and 100-hour inspections.

(1) Each person performing an annual or 100-hour inspection shall use a checklist while performing the inspection. The checklist may be of the person's own design, one provided by the manufacturer of the equipment being inspected, or one obtained from another source. This checklist shall include the scope and detail of the items prescribed by the Director.

(2) Each person approving a reciprocating-engine-powered aircraft for return to service after an annual or 100-hour inspection shall, before that approval, run the aircraft engine or engines to determine satisfactory performance in accordance with the current manufacturer's recommendations of:

(i) Power output (static and idle rpm);

(ii) Magnetos;

(iii) Fuel and oil pressure; and

(iv) Cylinder and oil temperature.

(3) Each person approving a turbine-engine-powered aircraft for return to service after an annual or 100-hour inspection shall, before that approval, run the aircraft engine or engines to determine satisfactory performance in accordance with the current manufacturer's recommendations.

(d) Duplicate Inspections:

(1) No person shall operate an aircraft except as provided in the following:

(a) Whenever any system which can affect the attitude, flight path, or propulsive force of that aircraft is disturbed, or a defect in operation of the system is reported, a Duplicate Inspection is carried out on the system before the aircraft is returned to service.

(b) Whenever any major repair, or major modification, is performed on any part of the structure of that aircraft, the failure of which may result in the aircraft’s inability to continue in safe flight, a Duplicate Inspection is performed on the repair or modification.

(2) A Duplicate Inspection shall be performed and certified, by two Aircraft Maintenance Engineers, independently, both of whom shall be either type or class rated on the aircraft.

(3) The Inspection shall consist of a visual inspection and a functional check, to confirm the integrity, security, freedom from interference, and correct functioning of all parts of the system, from the pilot’s control input to the operating surface or component. Where a repair or modification is being inspected, the inspection shall confirm compliance of the repair or modification with all aspects of the approved data.

(4) The Inspection shall be carried out first by one AMT and then subsequently by the second AMT. The system being inspected shall not be disturbed during the time lapse between the first and second inspections, and any such time lapse shall be kept to a minimum.

(5) At least one of the Inspectors performing the Duplicate Inspection shall not have been involved in the performance of the work being inspected.

(6) An Inspector assigned to the Quality section of a maintenance organization may perform the second part of a Duplicate Inspection.

(7) Each air operator shall develop a list of the systems on its aircraft that will require Duplicate Inspection and shall include this list in its Maintenance Control Manual. This list shall at a minimum include the following systems:

(a) Aileron and aileron trim.

(b) Elevator and elevator trim.

(c) Rudder and rudder trim.

(d) Horizontal stabilizer.

(e) Flaps.

(f) Slats.

(g) Speed brakes / Spoilers.

(h) Engine power lever (Throttle).

(i) Engine fuel shut-off (HP Cock).

(j) Engine fuel Mixture.

(k) Engine thrust reverser.

(l) Landing Gear extension and retraction.

(8) Each owner of a private aircraft shall include such a list in the maintenance program approved for his aircraft.

5.6.1.8 Performance Rules: Airworthiness Limitations

(1) Each person performing an inspection or other maintenance specified in an airworthiness limitations section of a current manufacturer's maintenance manual, or instructions for continued airworthiness, shall perform the inspection or other maintenance in accordance with that section, or in accordance with specifications approved by the Director.

(2) The maintenance program must be approved by the Director.

(3) Changes to Aircraft Maintenance Programs:

(a) Whenever the Director finds that revisions to an approved inspection program are necessary for the continued adequacy of the program, the owner or operator shall, after notification by the Director, make any changes in the program found to be necessary.

(4) A change in the airworthiness requirements as well as its introduction date shall be made known by means of a Publication to Netherlands Antilles Airmen and owners of aeroplanes (PAL).

(5) The Directorate must have access to all relevant 14 CFR mentioned herein and must keep a registry of all deviations and additional airworthiness requirements.

(6) A change in the airworthiness requirements, as mentioned under subpart (4), shall not become effective before this amendment has been published.

(7) Other Inspections. No person may operate an aircraft unless the following required inspections have been accomplished within the previous:

(1) 24 calendar months, for altimeter and pitot-static system;

(2) 12 calendar months for the transponder check for transponder equipped aircraft;

(3) 12 calendar months for the ELT check for ELT equipped aircraft;

(4) 30 days for the VOR receiver check for aircraft to be used in IFR operations,

(5) 12 calendar months for the magnetic compass calibration

5.6.1.9 Aircraft Mass and Balance

(a) General

(1) Except as specified in (2) of this paragraph, the mass of each aircraft shall be determined prior to the initial issue of the Certificate of Airworthiness.

(2) Determination of the mass of an aircraft prior to the initial issue of a Certificate of Airworthiness may not be required in the case of:

(a) An aircraft in respect of which the mass has been determined prior to importation and in respect of which any subsequent changes in mass have been duly computed and recorded;

(b) A newly manufactured aircraft having a maximum TOM not exceeding 5700 Kg., the empty mass of which has been established in accordance with information and computation supplied by the manufacturers thereof;

(c) If the basic mass is estimated to have changed by not more than 0.5 % of the MTOM, and if the centre of gravity is estimated to have changed by not more than 0.5 % of the MAC.

(b) Periodic Determination of Mass

Unless otherwise approved by the Minister further determination of mass shall be done subsequent to the initial determination or mass determination arrived at in accordance with the above and at the intervals specified in the following;

(1) Aircraft with a MTOM of 5700 Kg and greater, every 5 years.

(2) Aircraft with a MTOM below 5700 Kg, every 3 years

5.7 MAINTENANCE RECORDS AND ENTRIES

5.7.1.1 Content, Form, and Disposition of Maintenance, Preventive Maintenance, Rebuilding, and Modification Records

(a) Each person who maintains, performs preventive maintenance, rebuilds, or modifies an aircraft or aeronautical product shall, when the work is performed satisfactorily, make an entry in the maintenance record of that equipment as follows:

(1) A description (or reference to data acceptable to the Director) of work performed;

(2) Completion date and time of the work performed;

(3) Name, signature, certificate number, and kind of license held by the person approving the work.

(b) The person performing the work shall enter records of major repairs and major modifications, and retain that form in the manner prescribed in this subpart.

(c) The owner or the holder of the aircraft shall perform, taking into account the recommendations given by the Director the technical administration of aircraft and aircraft parts in the relevant books or in the forms intended for that purpose.

(d) The technical administration of an aircraft shall include maintenance declarations, write-ups and reports concerning tasks performed on the aircraft. At least records concerning the following issues with the dates of occurrence shall be mentioned:

(1) the number of flight hours that the aircraft has flown since new and the number of hours since last maintenance;

(2) the technical failures, damages suffered, and test flights;

(3) maintenance, overhauls, repairs and modifications that the aircraft went through.

(e) The technical administration of aircraft parts shall include the write ups and reports related to task performed on that part, while also records including the dates are kept of:

(1) the operating hours, in such a way that it shows the operating time since new and time since last maintenance performed on this part.

(2) maintenance, overhauls, repairs and modifications performed on this part.

(3) technical interruptions and damages suffered.

(4) aircraft registration marks of the aircraft in which it has been installed.

(f) The technical administration of aircraft parts concerns:

(1) powerplant.

(2) propeller.

(3) parts that after an overhaul or repair will not be installed in the same aircraft, as far as the data mentioned under paragraph (b) are needed after installation of that part in an aircraft to calculate when this part must be inspected, overhauled or in connection with limited life time of this part.

(g) Write-ups shall be made using a writing tool that is very difficult to erase and shall not be erased, replaced or made unreadable. The notes shall be dated, complete, clearly readable and comprehensible.

(h) Write ups and the related documents shall be held for the following period:

(1) data related to maintenance: two years;

(2) data related to overhaul: as long as the data of the last and previous overhaul are available;

(3) data related to modification and important repair one year after de-registration of the aircraft:;

(4) data related to parts with a limited life time: one year after replacement of that particular part..

(i) The requirements mentioned in subpart 5.7.1.1.h under 1, 2 and 4 remain in effect until one year after de-registration of the aircraft.

(j) At least the part name, part number, serial number, and manufacturer of the aircraft part shall be included in the books, forms and other documents.

(k) Books and charts used in tracking series of write ups must have a sequence number. The pages of the books are numbered consecutively.

(l) Implementing Standard: See IS: 5.7.1.1 for the maintenance form requirements and a sample major repair and modification form.

(m) A person working under supervision of an aviation maintenance technician may not perform any inspection required in CARNA Part 8 or any inspection performed after a major repair or modification.

5.7.1.2 Records of Overhaul and Rebuilding

(a) No person may describe in any required maintenance entry or form, an aeronautical product as being overhauled unless:

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

(b) No person may describe in any required maintenance entry or form an aircraft or other aeronautical product as being rebuilt unless it has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled, and tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits.

5.7.1.3 Approval for Return to Service After Maintenance, Preventive maintenance, Rebuilding, or Modification

(a) No person may approve for return to service any 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:

(3) 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 are appropriately revised and set forth as prescribed.

(b) Use of the aircraft is determined by the categories mentioned on the Certificate of Airworthiness.

(c) The use of an aircraft and the applicable operating restrictions and limitations are further specified in the Aircraft Flight Manual for that particular aircraft on the understanding that:

(1) for commercial air transport flights only the following aircraft are allowed:

(a) fixed wing aircraft belonging to category T:

(b) rotary wing aircraft belonging to category A or B:

(c) fixed wing aircraft and rotary wing aircraft belonging to category N and that comply with the directives laid down in this Ministerial Decree or issued pursuant to this Ministerial Decree.

(2) aircraft equipped for special purposes/flights like banner towing, and crop dusting, will be classified in category R and must comply with the directives laid down in this Ministerial Decree or issued pursuant to this Ministerial Decree.

(3) with regard to aircraft belonging in category S, the use can be restricted by the Minister dependent on the requirements met by the aircraft.

(4) the use can be restricted by the Minister if this is necessary based on safety considerations.

(d) Type and serial modification.

(1) Modifications to aircraft are distinguished by type or serial.

(2) A type modification is considered a modification that has not been performed before on a similar Netherlands Antilles registered aircraft.

(3) A serial modification is considered a modification similar to an approved type modification on a similar aircraft.

(4) The Director determines whether it is a type or a serial modification.

(5) A modification to an aircraft may only be carried out after the Director has given his written approval.

(6) A modification as referred to under 5 does not include a change that has no effect or only a negligible effect on the airworthiness.

(e) A request for approval must be submitted in writing to the Director. The data needed for evaluation must be attached to the request.

(f) Approval for a type modification may only be granted if:

(1) The design and the execution have been approved by the Director.

(2) It has been shown to the satisfaction of the Director that the aircraft complies with the airworthiness requirements directives laid down in this Ministerial Decree or issued pursuant to this Ministerial Decree.

(g) Approval for a serial modification will only be issued if:

(1) The execution of the modification is approved by the Director.

(2) It has been shown to the satisfaction of the Director that the aircraft complies with the airworthiness requirements directives laid down in this Ministerial Decree or issued pursuant to this Ministerial Decree

(h) If to the judgment of the Director the modification results in a design modified on main points, the aircraft will be considered a new type.

(i) While executing the modification the requirements laid down in this Ministerial Decree shall be adhered to.

(j) A modification of an aircraft must comply with the airworthiness requirements that are applicable to the aircraft type not withstanding the fact that the Minister may issue additional requirements related to the modification if the applicable requirements deviate from the directives in force on the date on which the request for approval of the modification is submitted.

(k) On a modification of a fixed wing aircraft of the category T, which results in increasing of the passenger seat capacity above the number approved for the type aircraft, 14 CFR Part 25 section 25.2 is applicable.

5.7.1.4 Content, Form, and Disposition of Records for Inspections

(a) Maintenance record entries. The person approving or disapproving the return to service of an aeronautical product after any inspection performed in accordance with CARNA Part 8, shall make an entry in the maintenance record of that equipment containing the following information:

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

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

(3) Signature , the license number , and kind of license held by the person approving or disapproving for return to service of the aeronautical product ;

(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 (date) has been provided for the aircraft owner/holder or operator” ; and

(6) If an inspection is conducted under an inspection program provided for in CARNA Part 8, the person performing the inspection shall make an entry identifying the inspection program accomplished, and containing a statement that the inspection was performed in accordance with the inspections and procedures for that particular program

(b) Listing of discrepancies. The person performing any inspection required in CARNA Part 8 who 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, shall give the owner/holder /operator a signed and dated list of those discrepancies .

CIVIL AVIATION REGULATIONS

PART 5

IMPLEMENTING STANDARDS

Netherlands Antilles

IS: 5.1.1.2 Major Modifications (Definition)

(a) Airframe Major Modifications. Major modifications include modifications to the listed aircraft parts, or the listed types of modifications (when not included in the applicable aircraft specifications):

(1) Wings.

(2) Tail surfaces.

(3) Fuselage.

(4) Engine mounts.

(5) Control system.

(6) Landing gear.

(7) Hull or floats

(8) Elements of an airframe including spars, ribs, fittings, shock absorbers, bracing, cowlings, fairings, and balance weights.

(9) Hydraulic and electrical actuating system of components.

(10) Rotor blades.

(11) Changes to the empty weight or empty balance which result in an increase in the maximum Certified weight or centre of gravity limits of the aircraft.

(12) Changes to the basic design of the fuel, oil, cooling, heating, cabin pressurization, electrical, hydraulic, de-icing, or exhaust systems.

(13) Changes to the wing or to fixed or movable control surfaces which affect flutter and vibration characteristics.

(b) Powerplant Major Modifications. Major powerplant modifications, even when not listed in the applicable engine specifications, include:

(1) Conversion of an aircraft engine from one approved model to another, involving any changes in compression ratio, propeller reduction gear, impeller gear ratios or the substitution of major engine parts which requires extensive rework and testing of the engine.

(2) Changes to the engine by replacing aircraft engine structural parts with parts not supplied by the original manufacturer or parts not specifically approved by the Authority.

(3) Installation of an accessory which is not approved for the engine.

(4) Removal of accessories that are listed as required equipment on the aircraft or engine specification.

(5) Installation of structural parts other than the type of parts approved for the installation.

(6) Conversions of any sort for the purpose of using fuel of a rating or grace other than that listed in the engine specifications.

(c) Propeller Major Modifications. Major propeller modifications, when not authorized in the applicable propeller specifications, include:

(1) Changes in blade design.

(2) Changes in hub design.

(3) Changes in the governor or control design.

(4) Installation of a propeller governor or feathering system.

(5) Installation of propeller de-icing system.

(6) Installation of parts not approved for the propeller.

(d) Appliance Major Modifications. Modifications of the basic design not made in accordance with recommendations of the appliance manufacturer or in accordance with applicable Airworthiness Directive are appliance major modifications. In addition, changes in the basic design of radio communication and navigation equipment approved under type certification or other authorisation that have an effect on frequency stability, noise level, sensitivity, selectivity, distortion, spurious radiation, AVC characteristics, or ability to meet environmental test conditions and other changes that have an effect on the performance of the equipment are also major modifications.

IS: 5.1.1.2(a)(4) Major Repairs (Definition)

(a) Airframe Major Repairs. Repairs to the following parts of an airframe and repairs of the following types, involving the strengthening, reinforcing, splicing, and manufacturing of primary structural members of their replacement, when replacement is by fabrication such as riveting or welding, are airframe major repairs.

(1) Box beams.

(2) Monocoque or semimonocoque wings or control surfaces

(3) Wing stringers or chord members

(4) Spars.

(5) Spar flanges.

(6) Members of truss-type beams.

(7) Thin sheet webs of beams.

(8) Keel and chine members of boat hulls or floats.

(9) Corrugated sheet compression members which act as flange material of wings or tail surfaces.

(10) Wing main ribs and compression members.

(11) Wing or tail surface brace struts.

(12) Engine mounts.

(13) Fuselage longerons.

(14) Members of the side truss, horizontal truss, or bulkheads.

(15) Main seat support braces and brackets.

(16) Landing gear brace struts.

(17) Axles.

(18) Wheels.

(19) Parts of the control system such as control columns, pedals, shafts, brackets, or horns.

(20) Repairs involving the substitution of material.

(21) The repair of damaged areas in metal or plywood stressed covering exceeding six inches in any direction.

(22) The repair of portions of skin sheets by making additional seams.

(23) The splicing of skin sheets

(24) The repair of three or more adjacent wing or control surface ribs or the leading edge of wings and control surfaces, between such adjacent ribs.

(25) Repair of fabric covering involving an area greater than that required to repair two adjacent ribs.

(26) Replacement of fabric on fabric covered parts such as wings, fuselages, stabilizers, and control surfaces.

(27) Repairing, including rebottoming, of removable or integral fuel tanks and oil tanks.

(b) Powerplant Major Repairs. Repairs of the following parts of an engine and repairs of the following types, are powerplant major repairs:

(1) Separation or disassembly of a crankcase or crankshaft of a reciprocating engine equipped with an integral supercharger.

(2) Separation or disassembly of a crankcase or crankshaft of a reciprocating engine equipped with other than spur-type propeller reduction gearing.

(3) Special repairs to structural engine parts by welding, plating, metalising, or other methods.

(c) Propeller Major Repairs. Repairs of the following types to a propeller are propeller major repairs:

(1) Any repairs to or straightening of steel blades.

(2) Repairing or machining of steel hubs.

(3) Shortening of blades.

(4) Retipping of wood propellers.

(5) Replacement of outer laminations on fixed pitch wood propellers.

(6) Repairing elongated bolt holes in the hub of fixed pitch wood propellers.

(7) Inlay work on wood blades.

(8) Repairs to composition blades.

(9) Replacement of tip fabric.

(10) Replacement of plastic covering.

(11) Repair of propeller governors.

(12) Overhaul of controllable pitch propellers.

(13) Repairs to deep dents, cuts, scars, nicks, etc., and straightening of aluminium blades.

(14) The repair or replacement of internal elements of blades.

(d) Appliance Major Repairs. Repairs of the following types to appliances are appliance major repairs:

(1) Calibration and repair of instruments.

(2) Calibration of avionics or computer equipment.

(3) Rewinding the field coil of an electrical accessory.

(4) Complete disassembly of complex hydraulic power valves.

(5) Overhaul of pressure type carburetors, and pressure type fuel, oil, and hydraulic pumps.

IS: 5.1.1.2(a)(5) Preventive Maintenance (Definition)

(a) Preventive Maintenance. Preventive maintenance is limited to the following work, provided it does not involve complex assembly operations.

(1) Removal, installation and repair of landing gear tires.

(2) Replacing elastic shock absorber cords on landing gear.

(3) Servicing landing gear shock struts by adding oil, air, or both.

(4) Servicing landing gear wheel bearings, such as cleaning and greasing.

(5) Replacing defective safety wiring or cotter keys.

(6) Lubrication not requiring disassembly other than removal of non-structural items such as cover plates, cowlings, and fairings.

(7) Making simple fabric patches not requiring rib stitching or the removal of structural parts or control surfaces.

(8) Replenishing hydraulic fluid in the hydraulic reservoir.

(9) Refinishing decorative coating of fuselage, wings, tail group surfaces (excluding balanced control surfaces), fairings, cowling, landing gear, cabin, or cockpit interior when removal or disassembly of any primary structure or operating system is not required.

(10) Applying preservative or protective material to components where no disassembly of any primary structure or operating system is involved and where such coating is not prohibited or is not contrary to good practices.

(11) Repairing upholstery and decorative furnishings of the cabin or cockpit when the repairing does not require disassembly of any primary structure or operating system or interfere with an operating system or affect primary structure of the aircraft.

(12) Making small simple repairs to fairings, non-structural cover plates, cowlings, and small patches and reinforcements not changing the contour so as to interfere with proper airflow.

(13) Replacing side windows where that work does not interfere with the structure of any operating system such as controls, electrical equipment, etc.

(14) Replacing safety belts.

(15) Replacing seats or seat parts with replacement parts approved for the aircraft, not involving disassembly of any primary structure or operating system.

(16) Troubleshooting and repairing broken circuits in landing light wiring circuits.

(17) Replacing bulbs, reflectors, and lenses of position and landing lights.

(18) Replacing wheels and skis where no weight and balance computation is involved.

(19) Replacing any cowling not requiring removal of the propeller or disconnection of flight controls.

(20) Replacing or cleaning spark plugs and setting of spark plug gap clearance.

(21) Replacing any hose connection except hydraulic connections.

(22) Replacing prefabricated fuel lines.

(23) Cleaning fuel and oil strainers.

(24) Replacing and servicing batteries.

(25) Replacement or adjustment of non-structural fasteners incidental to operations.

(26) The installation of anti-misfueling devices to reduce the diameter of fuel tank filler openings provided the specific device has been made a part of the aircraft type certificate data by the aircraft manufacturer, the manufacturer has provided appropriately approved instructions acceptable to the Authority for the installation of the specific device, and installation does not involve the disassembly of the existing filler opening.

IS: 5.6.1.7 Performance Rules: 100-Hour Inspections

(a) Each person performing an annual or 100-hour inspection shall, before that inspection, thoroughly clean the aircraft and aircraft engine and remove or open all necessary inspection plates, access doors, fairings, and cowlings.

(b) Each person performing an annual or 100-hour inspection shall inspect, where applicable, the following components:

(1) Fuselage and hull group:

(a) Fabric and skin - for deterioration, distortion, other evidence of fai lure, and defective or insecure attachment of fittings.

(b) Systems and components - for improper installation, apparent defects, and unsatisfactory operation.

(c) The cabin and cockpit group.

(d) Generally - for uncleanness and loose equipment that might foul the controls.

(e) Seats and safety belts - for poor condition and apparent defects.

(f) Windows and windshields - for deterioration and breakage.

(g) Instruments - for poor condition, mounting, marking, and (where practicable) for improper operation.

(h) Flight and engine controls - for improper installation and improper operation.

(i) Batteries - for improper installation and improper charge.

(j) All systems - for improper installation, poor general condition, apparent and obvious defects, and insecurity of attachment.

(2) Engine and nacelle group:

(a) Engine section - for visual evidence of excessive oil, fuel, or hydraulic leaks, and sources of such leaks.

(b) Studs and nuts - for improper torquing and obvious defects.

(c) Internal engine - for cylinder compression and for metal particles or foreign matter on screens and sump drain plugs. If there is weak cylinder compression, for improper internal condition and improper internal tolerances.

(d) Engine mount - for cracks, looseness of mounting, and looseness of engine to mount.

(e) Flexible vibration dampeners - for poor condition and deterioration.

(f) Engine controls - for defects, improper travel, and improper safetying.

(g) Lines, hoses, and clamps - for leaks, improper condition, and looseness.

(h) Exhaust stacks - for cracks, defects, and improper attachment.

(i) Accessories - for apparent defects in security of mounting.

(j) All systems - for improper installation, poor general condition, defects, and insecure attachment.

(k) Cowling - for cracks and defects.

(3) Landing gear group:

(a) All units - for poor condition and insecurity of attachment.

(b) Shock absorbing devices - for improper oleo fluid level.

(c) Linkage, trusses, and members - for undue or excessive wear, fatigue, and distortion.

(d) Retracting and locking mechanism - for improper operation.

(e) Hydraulic lines - for leakage.

(f) Electrical system - for chafing and improper operation of switches.

(g) Wheels - for cracks, defects, and condition of bearings.

(h) Tires - for wear and cuts.

(i) Brakes - for improper adjustment.

(j) Floats and skis - for insecure attachment and obvious or apparent defects.

(4) Wing and centre section assembly for:

(a) Poor general condition,

(b) Fabric or skin deterioration,

(c) Distortion,

(d) Evidence of failure, and

(e) Insecurity of attachment.

(5) Complete empennage assembly for:

(a) Poor general condition,

(b) Fabric or skin deterioration,

(c) Distortion,

(d) Evidence of failure,

(e) Insecure attachment,

(f) Improper component installation, and

(g) Improper component operation.

(6) Propeller group:

(a) Propeller assembly - for cracks, nicks, binds, and oil leakage,

(b) Bolts - for improper torquing and lack of safety,

(c) Anti-icing devices - for improper operations and obvious defects, and

(d) Control mechanisms - for improper operation, insecure mounting, and restricted travel.

(7) Avionics/instrument group:

(a) Avionics/instruments equipment - for improper installation and insecure mounting.

(b) Wiring and conduits - for improper routing, insecure mounting, and obvious defects.

(c) Bonding and shielding - for improper installation and poor condition.

(d) Antenna including trailing antenna - for poor condition, insecure mounting, and improper operation.

(8) Electronic/electrical group:

(a) Wiring and conduits - for improper routing, insecure mounting, and obvious defects.

(b) Bonding and shielding - for improper installation and poor condition.

(9) Each installed miscellaneous item that is not otherwise covered by this listing and/or has instructions for continued airworthiness - for improper installation and improper operation.

14 CFR: Part 43 Appendix D

IS: 5.7.1.1 Recording of Major Repairs and Major Modifications

(a) Each person performing a major repair or major modification shall:

(1) Execute the appropriate form prescribed by the Director at least in duplicate;

(2) Give a signed copy of that form to the aircraft owner/holder/operator; and

(3) Forward a copy of that form to the Director, in accordance with Director instructions, within 48 hours after the aeronautical product is approved for return to service.

(b) In place of the requirements of paragraph (a), for major repairs made in accordance with a manual or specifications acceptable to the Director, an AMO may:

(1) Use the customer's work order upon which the repair is recorded;

(2) Give the aircraft owner/holder a signed copy of the work order and retain a duplicate copy for at least one year from the date of approval for return to service of the aeronautical product;

(3) Give the aircraft owner/holder a maintenance release signed by an authorized representative of the AMO and incorporating the following information:

(a) Identity of the aeronautical product;

(b) If an aircraft, the make, model, serial number, nationality and registration marks, and location of the repaired area;

(c) If an aeronautical product, give the manufacturer's name, name of the part, model, and serial numbers (if any); and

(4) Include the following or a similarly worded statement:

The aeronautical product identified above was repaired, overhauled and inspected in accordance with currently effective, applicable instructions of the State of Design and regulatory requirements of the Director, and is approved for return to service.Pertinent details of the repair are on file at this maintenance organization.

Order No ....................... Date ................................

Signed ............................................

(Signature of authorized representative)

................................................................................

(Facility Name) (AMO Certificate Number)

..................................................................................

(Address)

Bijlage B behorende bij artikel 2 eerste lid van de Beschikking Luchtwaardigheid van Luchtvaartuigen. (Niet opgenomen)

Appendix to the Application for issuance of a certificate of airworthiness (Niet opgenomne)

Bijlage C behorende bij artikel 2 tweede lid van de Beschikking Luchtwaardigheid van Luchtvaartuigen. (Niet opgenomen)

Bijlage D behorende bij artikel 2, vierde lid van de

Beschikking Luchtwaardigheid van Luchtvaartuigen. (Niet opgenomen).