AMC1 145.A.50(e) Certification of maintenance

CAA ORS9 Decision No. 38

1. Being unable to establish full compliance with point 145.A.50(a) means that the maintenance required by the person or organisation responsible for the aircraft continuing airworthiness could not be completed due to either to running out of available aircraft maintenance downtime for the scheduled check, or by virtue of the condition of theaircraft requiring additional maintenance downtime, or because the maintenance data requires a flight to be performed as part of the maintenance, as described in paragraph 4.

2. The person or organisation responsible for the aircraft continuing airworthiness is responsible for ensuring that all required maintenance has been carried out before flight and therefore 145.A.50(e) requires such person or organisation operator to be informed in the case where full compliance with 145.A.50(a) cannot be achieved within the operator’s relevant limitations. If that person or organisation agrees to the deferment of full compliance, then the certificate of release to service may be issued subject to details of the deferment, including any relevant references, being detailed on the release certificate.

Note: Whether or not the person or organisation responsible for the aircraft continuing airworthiness does have the authority to defer maintenance is an issue between that person or organisation and the CAA. In case of doubt concerning such a decision, the approved maintenance organisation should inform the CAA of such doubt, before issuing the certificate of release to service. This will allow the CAA to investigate the matter.

3. The procedure should draw attention to the fact that 145.A.50(a) does not normally permit the issue of a certificate of release to service in the case of non-compliance and should state what action the mechanic, supervisor and certifying staff should take to bring the matter to the attention of the relevant department or person responsible for technical co-ordination with the person or organisation responsible for the aircraft continuing airworthiness aircraft operator so that the issue may be discussed and resolved with that person or organisation the aircraft operator. In addition, the appropriate person(s) as specified in point 145.A.30(b) should be kept informed in writing of such possible non-compliance situations and this should be included in the procedure.

4. Certain maintenance data issued by the design approval holder (e.g. aircraft maintenance manual (AMM)) requires that a maintenance task be performed in flight as a necessary condition to complete the maintenance ordered. Within the aircraft limitations, an appropriately authorised certifying staff should release the incomplete maintenance before the flight on behalf of the maintenance organisation. GM M.A.301(i) or GM1 ML.A.301(f) describe the relations with the aircraft operator, which retains the responsibility for the maintenance check flight (MCF). After performing the flight and any additional maintenance necessary to complete the maintenance ordered, a certificate of release to service should be issued in accordance with 145.A.50(a).