Download as pdf or txt
Download as pdf or txt
You are on page 1of 187

AIR FORCE INSTITUTE OF TECHNOLOGY

IIN
NIIT
TIIA
ALLA
AIIR
RCCR
RAAF
FTTM
MAAIIN
NTTE
ENNA
ANNC
CEEL
LIIC
CEEN
NSSE
E
P
PRRE
EPPA
ARRA
ATTO
ORRY
YCCO
OUUR
RSSE
E

AVIATION LEGISLATION AND ORGANIZATION OF CIVIL


AVIATION
AIRFORCE INSTITUTE OF TECHNOLOGY

AIRCRAFT MAINTENANCE TRAINING

INITIAL LICENCE PREPARATORY COURSE

AIR LEGISLATION/REGULATION
&
ORGANISATION OF CIVIL AVIATION

FOR TRAINING PURPOSE ONLY

Page 2 of 187 AFIT. AIR LAW AUGUST.2012


NOTE:

This training-note is intended at providing guidance and understanding of the


Civil Aviation Law/Regulations and the Organisation of Civil Aviation to the
Aircraft Maintenance Engineer/Technicians or student, thus, this shall not be
taken as a legal document or in any way constitute an authorised document
for use in aircraft maintenance.
The focus is on the Nigeria Civil Aviation Regulation, 2009 as empowered
by the Civil Aviation Act of 2006. However, other Civil Aviation
Authority/Organisation is introduced; recognising the international nature of
the industry.

Although every care has been taken to ensure that this training note is
current at the time of issue, changes to the regulation could be made from
time to time. Hence, it is the responsibility of an Aircraft Maintenance
Engineer/Technician engaged in aircraft maintenance to keep his/her self-
updated.

The following documents will be very useful for this course:


The Civil Aviation Act 2006 and, the Nigeria Civil Aviation Regulations 2009.
The latter being the most important for this course.
You may wish to purchase them from the NCAA, or obtain them from your
company or any reference library if available.
They are available in both soft and hard copy.

Page 3 of 187 AFIT. AIR LAW AUGUST.2012


INTRODUCTION

For most students, this subject of study has not found a place in the ‘top-
ten’ choice of courses. However, it is essentially required for a Licensed
Maintenance Engineer to have a sound working knowledge of the relevant
Air Regulations; with which he/she would have to be associated once
exercising his/her privileges. Before then, you will have to demonstrate this
knowledge to the Civil Aviation Authority by means of examination.

Aviation legislation is the term used to define the process through which the
laws relating to all areas of the Civil Aviation industry in Nigeria are enacted
and the law so formed. Legislations are Act of parliament, which are
statutory instruments and have the force of law.
Regulations are governmental or ministerial order (which have been give
authority by an act of parliament) having a force of law. And, requirements
are the codes of minimum standards.

Hence, we can say that Air Law/Legislation is the rules or regulations and
requirements that govern the activities of civil aviation in a state as
empowered by law or agreement.

Page 4 of 187 AFIT. AIR LAW AUGUST.2012


REGULATORY FRAMEWORK

Page 5 of 187 AFIT. AIR LAW AUGUST.2012


1.0 INTERNATIONAL CIVIL AVIATION ORGANISATION (ICAO)

BACKGROUND:
History was made on December 17th, 1903 at Kill Devil Hill North Caroline
when the Wright brothers, with the flyer, made the maiden flight for 12
seconds. During the early years that follow only a few aircraft flew. At that
time, the only person in danger was usually the pilot so no legislation was
created. Very soon however, the potential of air travel was realised by many
people and aircraft became more numerous and were able to carry
passengers.
At about the end of the First World War (1914-1918), the first aviation
regulations were created. These were mostly national regulations and only in
some countries as aircraft still did not travel very far and seldom
internationally. There were some international agreements within Europe but
nothing worldwide. As the years went by, aircraft became much more
sophisticated and safer as well as being able to travel far greater distances
and eventually it was realised that some form of worldwide standardisation
was necessary.
During World War II, (1939 – 1945) tremendous advances were achieved in
aircraft and avionics technology. These were seen as an advantage, as
these advances would improve, considerably, international civil aviation
transportation when peace returns. But first, countries have to agree on the
political changes to allow an orderly and meaningful change to happen. To
this end, whilst the war was still going on, a meeting took place in Chicago
in December 1944 of representatives of 52 Nation of the world and, a
‘permanent’ International Civil Aviation Organization (ICAO) was established
to oversee international cooperation on regulations, standards, and
procedures governing civil aviation. The Chicago Convention on International
Civil Aviation was also published, in which they recommend certain principles
and arrangements which should be adopted by the member states to permit

Page 6 of 187 AFIT. AIR LAW AUGUST.2012


safe and orderly development of civil aviation throughout the world.
Recommendation also made include setting up of an International Civil
Aviation Organisation (ICAO), to be concerned with the continuous updating
of the principles and techniques for, and fostering the planning and
development of international civil aviation. ICAO began to function in 1947.

The three main organs of ICAO are the assembly, the council, and the
secretariat, headed by the Secretary General.

Assembly:

The assembly is a sovereign body comprising of members representing all


the contracting states (191 states).

Council:

The council is a permanent body, composed of 33 member states elected


by the assembly for three-year terms. In selecting the membership of the
council, the assembly is required by the Chicago Convention to give
adequate representation to nations of major importance in air transport, to
nations that provide the largest share of facilities for international civil air
navigation, and to nations whose inclusion on the council will ensure broad
geographical representation. The council adopts international standards and
recommends practices which then become incorporated into annexes to the
Chicago conventions. Individual members then report back to their
Authority/Government for these to be accepted and become regulations in
that country.

Secretary General and Secretariat:

The ICAO secretariat is headed by a Secretary General, who is appointed


by the council. The Secretary General appoints the staff of the ICAO

Page 7 of 187 AFIT. AIR LAW AUGUST.2012


secretariat and supervises and directs its activities. ICAO maintains regional
offices in Paris, Bangkok, Cairo, Mexico City, Nairobi, Lima, and Dakar to
assist member states in providing aeronautical services.

AIMS of ICAO

Basically, ICAO was set-up to develop the principle and techniques for, and
to foster the planning and development of, and harmonise standards in,
international civil aviation.
These will ensure the safe and orderly growth of international civil aviation
throughout the world, and meet the need of the people of the world for safe,
regular, efficient and economical air transport, and also promote generally all
aspects of international civil aeronautics.

ICAO Regulations
The regulations laid down by ICAO are contained in annexes to the Chicago
Convention, each covering one particular aspect of aviation legislation. All
ICAO member countries must comply with these regulations as a condition
of joining ICAO. These annexes however are not documents which we as
AME will most likely be referring to in our work as aircraft maintenance
personnel. The requirements detailed in the annexes form the minimum
standard for civil aircraft operation worldwide and are the framework on
which national (eg. Nigerian-NCAA, US-FAA, UK-CAA) and other international
regulations are based. As have been said earlier, in our study of Aviation
legislation we will mainly focus on Nigeria’s aviation legislation relating to
aircraft maintenance, but it should be kept in mind that these regulations
must satisfy the minimum standards laid down in the ICAO annexes.

Page 8 of 187 AFIT. AIR LAW AUGUST.2012


THE ICAO ANNEXES

Annexes contain the standards and recommended practices (SARPs).


Each Annex is published as a loose-leaf document in a standard format,
which is subject to revision action. See Appendix A for the list of
annexes.

THE RESPONSIBILITIES OF CONTRACTING STATES


In drafting the Annexes, no consideration was given to preparing them in a
format which would lend itself to simple adoption into national legal codes
by Contracting States. Each State has to ensure that the intent of the
requirements in the Annexes is embodied into its own legal requirements.
ICAO has no mandate to ensure that the Annex requirements are adhered
to by Contracting States; it is axiomatic that every State is responsible for
enforcing its own laws. However, circumstances may arise when it becomes
difficult for a State to discharge its responsibilities, a good example being an
aircraft registered in a State, leased to an operator in another State and
operated between the State of the operator and to States other than the
State of Registry.

Article 83 of the Convention allows States to 'make arrangements not


inconsistent with the provisions of this Convention'. It is a common practice,
under Article 83, for a State to delegate its responsibilities to another State
which can maintain more effective control of a lease operation. This action
is, however, a matter of practical expedient and does not change the
obligations of States under the Convention. Thus a change to the
Convention will be required to relieve States of Registry of their duties and
obligations in such circumstances.

Page 9 of 187 AFIT. AIR LAW AUGUST.2012


2.0 FEDERAL AVIATION ADMINISTRATION (FAA)
The Federal Aviation Administration (FAA) is an agency of the United States
Department of Transportation with authority to regulate and oversee all
aspects of civil aviation in the U.S. The FAA issues the Federal Aviation
Regulation (FAR), these provides requirements which affect aircraft design,
operation, maintenance, repair, and alteration.
The regulations are minimum standards which have been set to ensure, as
much as possible, aviation safety. The regulations are divided into parts
relating to a specialized area, such as FAR Part 25, Airworthiness
Standards: Transport - category Aircraft; or FAR Part 147, Aviation
Maintenance Technician Schools.

3.0 JOINT AVIATION AUTHORITIES


The Joint Aviation Authorities (JAA) is an organisation representing the
national aviation authorities of a number of European states and its purpose
is to develop and implement common procedures for the design,
maintenance and operation of civil aircraft. This helps to provide consistent
standards of airworthiness across Europe and allows easier transfer of
products, services and personnel from one member country to another.
There is also an emphasis on attempting to harmonise the European
regulations with those of the USA.

4.0 EUROPEAN AVIATION SAFETY AGENCY (EASA)


EASA - The European Aviation Safety Agency (EASA) was set up to
promote the highest common standards of safety and environmental
protection in civil aviation. It is intended to be the centrepiece of a new
cost-efficient regulatory system in Europe and a reliable partner for
equivalent authorities throughout the world.

Page 10 of 187 AFIT. AIR LAW AUGUST.2012


As EASA develops the aviation regulatory environment it will change some
of the existing CAA processes and procedures. EASA is intended to replace
the already existing Joint Aviation Authority JAA, in Europe.

The JAA worked very well to harmonise standards within the European area
but in 2003 it was decided by the European Union to create a lawmaking
body so that common safety standards could be enforced across the EU.
The body which was formed is known as the European Aviation Safety
Agency (EASA).
EASA is an agency of the European Union and it sets common safety
standards which become law in all EU countries. These laws supersede the
JAA requirements but the JAA is still in existence as there are aspects of
legislation which are not yet covered by EASA regulations (such as pilot
licensing).

6.0 UNITED KINGDOM LEGISLATION


Introduction
The history of civil aviation legislation in the UK began with the Air
Navigation Act of 1936, which set up the Air registration Board (ARB). After
ratifying the Chicago Convention on International Civil Aviation, the UK
government in 1949 passed the Civil Aviation Act. The requirements of the
Act are laid down in the Air Navigation Order. The act was amended over
time and the Civil Aviation Act of 1971 formally set up the Civil Aviation
Authority (CAA). The CAA was formed in April 1972 as the first unified and
independent body controlling civil aviation.
Nigeria adopted the British Civil Aviation Regulations to govern some of its
civil aviation activities in the past.

Page 11 of 187 AFIT. AIR LAW AUGUST.2012


United Kingdom Documents
Air Navigation Order (ANO):
This book is the embodiment of the Air Navigation Act and is divided into
articles of law and schedules. This is a legal document, that is, it is the
principal Statutory Instrument regulating air navigation. The air Navigation
Order (ANO) is an order in the Council, this document is subordinate to the
Act. It interprets the clauses and sections of the act in more details. All the
information in the ANO is arranged in Parts, Articles and schedules.

The Air Navigation (general) Requirements (ANR’s):


Air Navigation (general) Requirements (ANR’s) is another document that
contains details for establishing the regulations in the ANO. The ANO are
amplified and detailed by the ANR documents.

British Civil Airworthiness Requirements (BCARs):


These documents are produced by the CAA and lay down the minimum
standards required for airworthiness of aircraft in the UK. BCARs are divided
into many sections, the most important of AME are: Section A -
Airworthiness Procedures, Section B – Same as sect. A but relating to
foreign aircraft or equipment and Section L- Personnel Licensing. There were
many other Sections of BCARs but they have been largely superseded by
JAA and EASA requirements.

Airworthiness Notices (AWNs):


These are issued by the CAA to distribute important airworthiness
information to personnel involved in any aircraft related activity. They can be
read online at the CAA website. Included in AWNs is information about the
extent of the various licence categories (AWN 3), information on current
airworthiness publications (AWN 6) and contact details for various parts of
the CAA.

Page 12 of 187 AFIT. AIR LAW AUGUST.2012


7.0 THE NIGERIAN CIVIL AVIATION AUTHORITY (NCAA)

Brief History:

The first recorded flight into Nigeria was the maiden flight of an annual
Royal Air force flight, which landed in Maiduguri and Kano on the 27th
October, 1925.

In the early days of civil Aviation in Nigeria, the control and administration
of civil aviation was vested in the Director of Public Works, who applied
the British Air Navigation Order (ANO) as the prevailing legislative
instrument. Rapid growth in air transport activities in the country
necessitated the establishment of a Nigerian Civil Aviation Department
(CAD). The CAD integrated into the Federal Ministry of Transport in 1965
and was later to be a Department in the Ministry of Aviation until 1990
when the Federal Civil Aviation Authority (FCAA) was created; whose
function includes regulation of civil aviation in the country.

Towards the end of 1995, the government undertook a re-organisation of


some government Parastatals in the Aviation Industry and as a result, the
FCAA was scrapped. New Directorates of Safety Regulation and Monitoring
and Economic Regulatory and Monitoring (DSRAM)&(DERAM) were
established in the Federal Ministry of Aviation, to replace the Safety function
of the defunct FCAA while Air Traffic Services and Aerotels department were
merged with the former NAA to form Federal Airports Authority of Nigeria.
The Ministry remained the organ of government, responsible for formulating
policies, regulating the industry. The Directorate of Safety Regulation and
Monitoring (DSRAM), was not delegated any of the powers or functions of
the Minister and therefore had no authority to issue regulations and a limited
mandate to enforce and empower its inspectorate in safety oversight
activities.

Page 13 of 187 AFIT. AIR LAW AUGUST.2012


The International Civil Aviation Organisation (ICAO) as part of its conditions
requires all member states to establish an appropriate state organization to
be known as Civil Aviation Authority charged with necessary powers to
ensure compliance with air navigation regulations promulgated by the state.
Nigeria as a signatory to the convention and desirous to maintain its
membership of ICAO had to fulfill this obligation. It was in view of this and
in response to calls from stakeholders in the Aviation Industry that the then
Federal Military Government enacted Decree 49 of 1999 establishing the
NCAA. The responsibility for flight safety rests with the NCAA, an
autonomous body headed by a Director General, who is appointed by the
President of Nigeria. This decree provides for the establishment of the
NCAA as a corporate body, independent from Government, but controlled by
a Governing Board which includes representatives from the Ministry of
Aviation, Ministry of Defence and Ministry of Communications.
The Civil Aviation Act of 2006 has re-established NCAA and appropriately
empowered it.
Hence, the agency empowered by law to regulate civil aviation activities in
Nigeria today is the Nigerian Civil Aviation Authority (NCAA). Hereafter it is
known as the Authority.

Page 14 of 187 AFIT. AIR LAW AUGUST.2012


PAST PRIMARY AVIATION LAW IN NIGERIA

Before the enactment of the Civil Aviation Act 2006, the principal aviation
laws were, at different times, contained in the following documents:

 Civil Aviation Act No. 30 of 1964.


 Civil Aviation Act CAP. 51 law of the Federation of Nigeria, 1990.
 The Civil Aviation Authority Establishment Decree No. 49 of 1999.

PRIMARY/PRINCIPAL CIVIL AVIATION LAW IN NIGERIA (currently)

 The Civil Aviation Act 2006, which consolidates earlier enactments


and decree, is the principal/ primary aviation law in Nigeria.

 For the purpose of giving effect to the Chicago convention and


other related protocol, the Civil Aviation Act, 2006 was enacted by
the appropriate house of parliament of the state of Nigeria.

 It empowers the appropriate DG of NCAA to make the regulations

Page 15 of 187 AFIT. AIR LAW AUGUST.2012


Civil Aviation Act, 2006

This Act consolidates the earlier act and decrees; it therefore


provides just one reference legislation for Nigeria aviation industry.

 This Act are established the NCAA.

 Section 30 of the Act confers on the NCAA (DG) power to make


the regulations for the purpose regulating air navigation generally.

 Section 31 of the Act specifies the functions of the NCAA, these


includes;

1. Registration of aircraft in Nigeria.

2. Licensing of aircraft personnel

3. Regulation of maintenance organization

4. Regulation of conditions for the carriage of goods and


passengers.

5. Securing the safety, efficiency and regularity of air


transport.

6. Issuance of certificate of birth and death occurring on the


aircraft.

7. Enforcing the provisions of the Act, and several other


functions.

Page 16 of 187 AFIT. AIR LAW AUGUST.2012


THIS PAGE IS INTENTIONALLY LEFT BLANK

Page 17 of 187 AFIT. AIR LAW AUGUST.2012


NIGERIA AVIATION REGULATIONS

The Civil Aviation Act has conferred the power to make regulations for
the control of air transport to the NCAA, thus this regulations published by
the regulatory body (NCAA) is the focus in this section of our note.
Unlike the Act, which is the ‘master-empowering’ document, the Nigeria
CAR is the document an aircraft maintenance engineer is more like to
use; as it contains the regulations and requirement that relates directly to
their regular activities unlike the legislative provisions in the Act.

The regulations enforced today, published by the regulatory body, NCAA is


the;
 NIGERIA CIVIL AVIATION REGULATIONs, 2009.
(Nig.CARs 2009)
- This was tailored towards the FAA regulation system

The Immediate past regulations is the;


 Nigerian Civil Aviation Regulations 2006 (NCARs 2006).
- This was tailored towards the JAA/EASA system

Presently, the country is in a transition phase, i.e from the NCARs, 2006 to
the full implementation of the Nig.CARs, 2009.

Page 18 of 187 AFIT. AIR LAW AUGUST.2012


THE NIGERIA CIVIL AVIATION REGULATIONs (2009)
This section of the note is to act as a guide into the Nigeria Civil
Aviation Regulation, 2009.
These current aviation regulations (Nig.CARs, 2009) are issued in sets,
with each sets dealing with specific kind of aviation activities or specialty.
This harmonized regulation covers the following parts;

PARTS OF THE Nig.CARs 2009


• Part 1- General policies, Procedures and Definitions.
• Part 2 – Personnel licensing
• Part 3 – Approved Training Organisation
• Part 4 – Aircraft Registration and Marking.
• Part 5 - Airworthiness
• Part 6 – Approved Maintenance Organisation
• Part7 – Instruments and equipment
• Part 8 - Operations
• Part 9 – Air operator certification and administration
• Part 10 – Commercial air transport by foreign Air operators
• Part 11 – Aerial work.
• Part 12 - Aerodrome Regulations
• Part 14 - Air Navigation Services
• Part 15 - carriage of dangerous goods by air.
• Part 16 – Environmental protection regulations
• Part 17 – Aviation Security
• Part 18 - Offences

Page 19 of 187 AFIT. AIR LAW AUGUST.2012


STRUCTURE OF THE Nig.CARs, 2009

Each set of the regulations is a standalone and divided into Parts and
numbered paragraphs. Together these sets represent the regulatory
requirements.
The regulations are presented in eighteen (18) Parts, accompanying each
part is the Implementing Standards (IS);

◦ The Implementing Standards (IS) provides detailed requirements


that support the intent of a Regulation presented in a Part, and
unless otherwise indicated, have the legal force and effect of
the referring Regulation.

Each of the parts also contains definition and abbreviations used in that
part.

Page 20 of 187 AFIT. AIR LAW AUGUST.2012


NCARs- PART 1

Nig.CARs Part 1 lay down the general policy procedures; this provides the
rules of construction of the regulations, general administrative rule governing
testing, licences, and certificates, investigative and enforcement procedures
exemptions and the definitions used in the regulations.

Part 1 provides official definitions of words, abbreviation and symbols. An


engineer can utilize part 1 to aid personal understanding of aviation
terminology.

Examples of some of the general rules in Part 1 of the Nig.CAR are:

1. Falsification, Reproduction, or Alteration Of Applications, Licences,


Certificates, Logbooks, Reports, Or Records

It is stipulated that any person who commits any prohibited act, concerning
any licence, certificate, rating, qualification, or authorisation, application for or
duplicate such as: fraudulent or intentionally false statement, fraudulent or
intentionally false entry in any logbook, record, or report that the Regulations
requires, reproduction for fraudulent purpose; or any alteration may have his
or her airman licence, rating, certificate, qualification, or authorisation revoked
or suspended

2. Psychoactive Substance Testing and Reporting


Any person who performs any function requiring a licence, rating,
qualification, or authorisation prescribed by the Regulations directly or by
contract for a certificate holder under the provisions of these Regulations
may be tested for usage of psychoactive substances. Chemicals considered
psychoactive substances are listed in IS 1.2.1.8. of the regulations.

Page 21 of 187 AFIT. AIR LAW AUGUST.2012


Any person who refuses to submit to a test to indicate the percentage by
weight of alcohol in the blood; or to indicate the presence of narcotic drugs,
marijuana, or depressant or stimulant drugs or substances in the body
when requested by a law enforcement officer or the Authority, or refuses to
furnish or to authorise the release of the test results requested by the
Authority; or who is convicted for the violation of any local or national
statute relating to the growing, processing, manufacture, sale, disposition,
possession, transportation, or importation of narcotic drugs, marijuana, or
depressant or stimulant drugs or substances may-

Be denied any licence, certificate, rating, qualification, or authorisation for a


period of up to 1 year after the date of that refusal; or have his or her
licence, certificate, rating, qualification, or authorisation issued under the
Regulations suspended or revoked.

Page 22 of 187 AFIT. AIR LAW AUGUST.2012


THIS PAGE IS INTENTIONALLY LEFT BLANK

Page 23 of 187 AFIT. AIR LAW AUGUST.2012


PERSONNEL LICENCE – Aircraft Maintenance Engineer Licence

Introduction
We have seen the regulatory framework; how they are developed, the
documents which sets out all the requirements related to civil aircraft
aviation and, the structure of the regulations, now we shall deal with the
part of the regulation that stipulates the requirements for a licenced
maintenance engineer (and other aviation personnel).

Article 32 of the Chicago Convention requires Nigeria to issue certificates of


competency and licences or validate such certificates or licences issued by
other Contracting States, to the aircraft maintenance engineer of every
aircraft and to other members of the operating crew of every aircraft
engaged in international navigation. The basis of this obligation is the goal
of promoting and conducting safe and regular aircraft operations through the
development and implementation of internationally acceptable certification and
licensing processes. When the same process is extended to Nigerian
domestic operations, Nigeria can ensure the overall safety of aircraft
operation through unification of licensing requirements. ICAO Annex 1.

Personnel licensing, presents the broad international specifications for


personnel licensing agreed upon by Contracting States. Part 2 of the 2009
Regulations presents detailed requirements for the general rules of licensing
and for the certification of aircraft maintenance engineer, flight crewmembers,
and other airmen. Part 2 also presents medical standards for granting of
licences and certification and for the administration of medical examinations.
The licensing and medical standards are based upon ICAO Annex 1.

Page 24 of 187 AFIT. AIR LAW AUGUST.2012


Part 2 of the Nig.CARs, 2009, stipulates:
-The requirements for issuing, renewal and re-issue of aviation
personnel licences, ratings, authorisations and certificates;
-The conditions under which those licences, ratings, authorisations and
certificates are necessary; and
-The privileges and limitations granted to the holders of those licences,
ratings, authorisations and certificates.

As concerns Maintenance personnel, the NCAA may issue licences, ratings,


authorisations, designations and certificates.

1. LICENCES
(1)Aircraft maintenance engineer licence.
(2) Aviation repair specialist licence.

The above licences may be issued to an applicant who satisfactorily


accomplishes the requirements under Part 2 (Nig.CAR2009) for the licence
sought:

2. RATINGS
The Authority may issue the following ratings to place on an aircraft
maintenance engineer licence when an applicant satisfactorily accomplishes
the requirements in Part 2 of the regulation for the rating sought:

(1) Airframe.
(2) Powerplant.
(3) Avionics.

The Authority may also issue ratings as appropriate to place on an aviation


repair specialist licence.

Page 25 of 187 AFIT. AIR LAW AUGUST.2012


3. AUTHORISATIONS
The Authority may issue the following authorisation to place on an AME
licence when an applicant satisfactorily accomplished the requirements in the
Part for the authorisation sought:

(1) Inspection Authorisation.

4. ENDORSEMENTS
An airman may receive an English language proficiency endorsement from
the Authority when he/she satisfactorily meets the requirements of Part 2.

5. CERTIFICATES
The Authority may issue Validation Certificate to AME holding a licence from
another ICAO contracting states if the requirements for such are meet.

6. DESIGNATIONS
The authority may issue Certificate of Designation to representative of the
Director General of NCAA. The following designations maybe issued to
private individual to act on behalf of the D.G of NCAA;
1. DAME: Designated Aircraft Maintenance Engineer Examiner
2. DMEE: Designated Maintenance Engineer Examiner

(2.1) REQUIREMENTS FOR ISSUING THE FOLLOWING LICENCES AND


ASSOCIATED RATINGS AND/OR AUTHORISATIONS:

(1) Aircraft Maintenance Engineers.


(2) Inspection Authorisations
(3) Aircraft Repair Specialist.

Page 26 of 187 AFIT. AIR LAW AUGUST.2012


Aircraft Maintenance Engineer (AME)
The regulatory requirements prescribed by part 2.6.2 are applicable for
issuance of an AME license and associated ratings. And, the general
eligibility requirements are that;

(a) An applicant for an AME license and any associated rating shall-

(1) Be at least 18 years of age.


(2) Demonstrate the ability to read, write, speak, and understand the English
language, by reading and explaining appropriate maintenance publications
and by writing defect and repair statements.
(3) Comply with the knowledge, experience, and competency requirements
prescribed for the license and rating sought.
(4) Pass all of the prescribed tests for the license and rating sought, within
a period of 24 months.

Also, A licensed AME who applies for an additional rating must meet the
experience requirements ( Nig.CAR, 2.6.2.6) of the regulations (see below)
and, within a period of 24 months, pass the tests prescribed by
Nig.CAR2.6.2.5 and Nig.CAR2.6.2.7( i.e the knowledge skill requirements) of
the regulations for the additional rating sought.

RATINGS
(a) The following ratings are issued under subpart 2.6.2.3:
(1) Airframe.
(2) Powerplant.
(3) Avionics.

However, other ratings may be determined by the Authority.

Page 27 of 187 AFIT. AIR LAW AUGUST.2012


TYPE RATING
The following AME type ratings are issued on an AME licence-

(1) Airframe type ratings for aircraft with a takeoff gross weight of more than
5700 kg.

(2) Powerplant type ratings for powerplants on aircraft with a takeoff gross
weight of more than
5700 kg.

(3) Other specialised ratings as may be determined by the Authority can


also be granted.

(2.6.2.6)EXPERIENCE REQUIREMENTS

(a) An applicant for an AME license and associated ratings may qualify by
either practical experience or through completion of approved training in an
ATO.

(b) Practical experience. Each applicant for an AME license and rating(s)
relying on practical experience shall provide documentary evidence,
acceptable to the Authority, of the following experience in the inspection,
servicing and maintenance of aircraft or its components-
(1) Airframe rating- 30 months.
(2) Powerplant rating — 30 months.
(3) Airframe and Powerplant ratings - 48 months.
(4) Avionics rating -36 months.
(5) Airframe, Powerplant and Avionics ratings — 60 months.

Page 28 of 187 AFIT. AIR LAW AUGUST.2012


(c) Approved Training. Each applicant for an AME license relying on
completion of training in an Approved Training Organisation shall provide
documentary evidence, acceptable to the Authority, of the following training:
(1) Airframe rating — 24 months.
(2) Powerplant rating — 24 months.
(3) Airframe and Powerplant ratings - 30 months.
(4) Avionics rating- 18 months in an ATO and 12 months practical work
experience.
(5) Airframe, Powerplant and Avionics ratings - 42 months in an ATO and
12 months practical work experience. The training requirements for a full
aircraft maintenance engineer license, including requirements applicable to
airframe and powerplant ratings, shall be complied with prior to obtaining the
avionics rating.

(2.6.2.7) SKILL REQUIREMENTS


(a) Each applicant for an AME license or rating must pass a skill test on
the license or rating that he/she seeks. The tests cover the applicant’s basic
skill in performing practical projects on the subjects covered by the
knowledge test for the license or rating, and shall contain at least the
subjects in the Implementing Standard 2.6.2.7 of the Nig. CARs, 2009,
appropriate to the license or rating sought.

PRIVILEGES AND LIMITATIONS

(a) Except as specified in paragraphs (e) and (f) of this subsection below, a
licensed AME may perform or supervise the maintenance, preventive
maintenance , or modification of, or after inspection, approve for return to
service, any aircraft, airframe, aircraft engine, propeller, appliance,

Page 29 of 187 AFIT. AIR LAW AUGUST.2012


component, or part thereof, for which he or she is rated, provided the
licensed AME has-

(1) Satisfactorily performed the work at an earlier date;


(2) Demonstrated the ability to perform the work to the satisfaction of
the Authority;
(3) Received training acceptable to the Authority on the tasks to be
performed; or
(4) Performed the work while working under the direct supervision of a
licensed AME or a licensed aviation repair specialist who is
appropriately rated and has-
(i) Had previous experience in the specific operation concerned;
or
(ii) Received training acceptable to the Authority on the task to
be performed.

(b) Except as specified in paragraphs (e) and (f) of this subsection, a


licensed AME with an airframe rating may after he/she has performed the
100-hour inspection required by Part 8 of the Regulations on an airframe, or
any related part or appliance, and approve and return it to service.

(c) Except as specified in paragraphs (e) and (f) of this subsection, a


licensed AME with a powerplant rating may perform the 100-hour inspection
required by Part 8 of the Regulations on a powerplant or propeller or any
related part or appliance, and approve and return it to service.

(d) Except as specified in paragraph (e) of the subsection, a licensed AME


with an Avionics rating may inspect, repair, maintain, function test and return
to service aircraft avionics systems and components.

Page 30 of 187 AFIT. AIR LAW AUGUST.2012


(e) An AME with an airframe or powerplant or avionics rating may not-

(1) Supervise the maintenance, preventive maintenance, or modification


of, or approve and return to service, any aircraft, airframe, aircraft engine,
propeller, appliance, component, or part thereof, for which he/she is rated
unless he/she has satisfactorily performed the work concerned at an earlier
date.
(2) Exercise the privileges of the license unless the licensed AME
understands the current instructions for continued airworthiness and the
maintenance instructions for the specific operation concerned.
(3) Perform a major repair or major modification of a propeller.

(f) An AME with an Airframe or Powerplant rating may not:

(1) Perform or supervise (unless under the direct supervision and


control of an AOC holder that is authorised to perform maintenance,
preventive maintenance, or modifications under an equivalent system in
accordance with 9.4.1 .3(a) [AOC training programme] of the regulations) any
repair or alteration of instruments.
(2) Approve for return to service-
(i) Any aircraft, airframe, aircraft engine, propeller, appliance,
component, or part thereof after completion of a major alteration or major
repair; or
(ii) Any instrument after completion of any repair or alteration.

DURATION OF AME LICENCE


Validity: The duration of the AME licence is five (5) years.

Page 31 of 187 AFIT. AIR LAW AUGUST.2012


Renewal: An AME licence that has not expired may be renewed for an
additional 5 years if the holder presents evidence to the Authority that
he/she has within the past 24 months has exercised the privileges of the
licence.

Re-issue: If the AME licence has expired, the applicant shall have received
refresher training acceptable to the Authority.

RECENT EXPERIENCE REQUIREMENTS


A licensed AME may not exercise the privileges of his/her license or rating
unless, within the preceding 24 months-
The Authority has found that he/she is able to do that work; or for at least
6 months within the preceding 24 months-
(i) Served as an AME under his/her license and rating;
(ii) Technically supervised other AMEs;
(iii) Provided aviation maintenance instruction or served as the direct
supervisor of persons providing aviation maintenance instruction for an AME
course or program acceptable to the Authority;
(iv) Supervised the maintenance, preventive maintenance, or alteration of any
aircraft, airframe, aircraft engine, propeller, appliance, component, or part
thereof; or
(v) Been engaged in any combination of paragraphs (a)(1)(i) through
(a)(1)(iv) of this Subsection above.

DISPLAY OF LICENSE
It is required that each person who holds an AME license to keep it within
the immediate area where he/she normally exercises the privileges of the
license and shall present it for inspection upon the request of the Authority
or an authorised representative of the Director General, or any Federal,
State, or local law enforcement officer.

Page 32 of 187 AFIT. AIR LAW AUGUST.2012


(2.2) INSPECTION AUTHORISATIONS (IA)

Part 2 of the regulation also stipulates the requirements for issuance of


inspection authorisations, and the conditions under which the authorisations
are necessary.

A person who holds a currently effective and valid AME license with both an
airframe and powerplant rating, each of which is currently effective and has
been in effect for a minimum of at least 3 years and who have been
actively engaged in the maintenance of certificated aircraft and maintained
for at least the 2-year period can apply for Inspection Authorisation (IA).
The applicant must have a fixed base of operations at which the applicant
may be located in person or by telephone during a normal working week but
which need not be the place where the applicant will exercise inspection
authority. Such individual must also have available the equipment, facilities,
and inspection data necessary to properly inspect airframes, aircraft engines,
propellers, or any related component, part, or appliance. After the NCAA
have ensure that the above requirements are met the applicant will be
required to take a written test to demonstrates the applicants ability to
inspect according to safety standards for approving aircraft for return to
service after major and minor repairs, major and minor modifications, annual
inspections, and progressive inspections, which are performed under Part 5.
An applicant who fails the knowledge test may not apply for retesting until at
least 90 days after the date he/she failed the test.

DURATION OF INSPECTION AUTHORISATION


Unlike and AME privilege, an IA privilege can expire. To prevent this from
happening, an AI must maintain a recent experience requirement.

Page 33 of 187 AFIT. AIR LAW AUGUST.2012


An inspection authorisation ceases to be effective whenever any of the
following occurs:
(1) The authorisation is surrendered, suspended, or revoked.
(2) The holder no longer has a fixed base of operation.
(3) The holder no longer has the equipment, facilities, and inspection data
required by
Each inspection authorisation expires on June 30 of each year.

The holder of an inspection authorisation that is suspended or revoked shall


return it to the Authority.

RENEWAL OF AUTHORISATION
To be eligible for renewal of an Inspection Authorisation for a 1-year period,
an applicant shall, within 90 days prior to the expiration of the authorisation,
present evidence to the Authority that the applicant still meets the
requirements eligibility requirement stated above and show that, during the
current period of authorisation, the applicant has-

(1) Performed at least one annual inspection during each 3 month period the
applicant held the authorisation;
(2) Performed inspections of at least two major repairs or major
modifications for each 3 month period the applicant held the authorisation;

(3) Performed or supervised and approved at least one progressive


inspection in accordance with standards prescribed by the Authority for each
12 month period the applicant held the authorisation;

(4) Performed any combination of paragraphs (1) through (3) above;

Page 34 of 187 AFIT. AIR LAW AUGUST.2012


(5) Successfully completed an Inspection Authorisation refresher course or
series of courses acceptable to the Authority, of not less than 16 hours of
instruction during the12- month period preceding the application for renewal;
or
(6) Passed a knowledge test administered by the Authority to determine that
the applicant‘s knowledge of applicable regulations and standards is current.

However, the holder of an inspection authorisation that has been in effect for
less than 3 months before the expiration date need not comply with
paragraph (1) through (5) of this section above.

PRIVILEGES AND LIMITATIONS


In addition to all the privilege of an airframe and powerplant rating, an
Inspection Authorisation permits an engineer to perform:
(1)Inspection and approve for return to service any aircraft, airframe, aircraft
engine, propeller appliance, component, or part thereof on any aircraft with a
5,700 kg maximum take-off weight
or less, after completion of a major repair or major alteration performed in
accordance with Part 5 and done in accordance with technical data
approved by the Authority.
(2) Perform an annual inspection, or perform or supervise a progressive
inspection, according to Part 5, on any aircraft with a 5,700 kg maximum
take-off weight or less, except those aircraft on a continuous maintenance
program, and approve the aircraft for return to service.

It should be however noted that the holder of an IA with a current and valid
AME license may not:
(1) Exercise the privileges of the authorisation unless he or she holds a
current and valid AME license with airframe and powerplant ratings.

Page 35 of 187 AFIT. AIR LAW AUGUST.2012


(2) Inspect and approve for return to service any aircraft over 5,700 kg
maximum take-off weight.
(3) Inspect and approve any airframe, aircraft engine, propeller, appliance,
component, or part thereof which is subject to a maintenance program under
Part 9 of these regulations.
(4) Inspect and approve for return to service any aircraft maintained in
accordance with a continuous maintenance program approved under Part 9
of these regulations.
(5) Exercise any privilege of an Inspection Authorisation whenever that
person no longer-
(i) Has a fixed base of operation; and

(ii) Has access to the equipment, facilities, or inspection data required by


part 2.6.3.2(a)(3) and (4) of the regulations as stated above.

(6) Exercise the privileges of the authorisation until he or she has notified
the Authority in writing of any changes in the fixed base of operation and
equipment, facilities or inspection data and received approval in writing from
the Authority for the proposed change.

When exercising the privileges of an IA, the holder is required to keep it


available for inspection by the aircraft owner and the AME submitting the
aircraft, repair, or alteration for approval (if any), and shall present it at the
request of the Authority or an authorised representative of the Director
General, or at the request of any Federal, State, or local law enforcement
officer.

Page 36 of 187 AFIT. AIR LAW AUGUST.2012


2.3 AIRCRAFT REPAIR SPECIALIST (AR)
Any technician working in maintenance facility or AMO performing
maintenance activities such as component overhaul or rebuilding does not
require a broad training that an AME needs. However they do require
training on the specific duties they perform. The NCAA may issue an Aircraft
Repair Specialist (AR) licenses and ratings to such individual.

Subpart 2.6.4.1 prescribes the requirements for issuance of Aircraft Repair


Specialist (AR) licenses and ratings, and the conditions under which those
licenses and ratings are necessary.

To be eligible for an aircraft repair specialist license the applicant must-


(1) Be at least 18 years of age.
(2) Demonstrate the ability to read, write, speak, and understand the English
language, by reading and explaining appropriate maintenance publications
and by writing defect and repair statements.
(3) Demonstrate a level of knowledge relevant to the privileges to be
granted and appropriate to the duties to be performed.
(4) Be specially qualified to perform maintenance on aircraft or components
thereof, appropriate to the job for which he/she was employed.
(5) Be employed for a specific job requiring those special qualifications by
an approved maintenance organisation certificated under Part 6 or an air
operator certificated under Part 9 of these regulations that is required by its
operating certificate or approved specific operating provisions to provide
maintenance, preventive maintenance, or modifications to aircraft approved
with a continuous maintenance program according to its maintenance control
manual.
(6) Be recommended for certification by his employer, to the satisfaction of
the Authority, as able to satisfactorily maintain aircraft or components,
appropriate to the job for which he is employed.

Page 37 of 187 AFIT. AIR LAW AUGUST.2012


(7) Have either of the following:
(i) At least 24 months of practical experience in the procedures, practices,
inspection methods, materials, tools, machine tools, and equipment generally
used in the maintenance duties of the specific job for which the person is to
be employed and certificated; or
(ii) Completed formal training that is acceptable to the Authority and is
specifically designed to qualify the applicant for the job on which the
applicant is to be employed.

RS RATINGS
(a) The following ratings may be issued under subpart 2.6.4.3:
(1) Propeller.
(2) Computer.
(3) Instrument.
(4) Accessory.
(5) Components.
(6) Welding.
(7) Non-destructive Testing (NDT).
(8) Other as may be designated by the Authority.

Note: At no instance would an aircraft repair specialist license be issued


with an airframe and/or powerplant or avionics rating to circumvent the
process of obtaining an AME license. Ratings for an ARS employed by an
air operator shall coincide with the approved operations specifications and
the approved maintenance control manual or shall coincide with the rating(s)
issued at the approved maintenance organisation limited to the specific job
for which the person is employed to perform

Page 38 of 187 AFIT. AIR LAW AUGUST.2012


(2.6.4.4) AIRCRAFT REPAIR SPECIALIST LICENSES: PRIVILEGES AND
LIMITATIONS
(a) An aircraft repair specialist may perform or supervise the maintenance,
preventive maintenance, or alteration of aircraft, airframes, aircraft engines,
propellers, appliances, components, and parts appropriate to the designated
speciality area for which the aircraft repair specialist is licensed and rated,
but only in connection with employment by an AMO approved under Part 6
of these regulations or an AOC holder that is authorised to perform
maintenance, preventive maintenance, or modifications under an equivalent
system in accordance with 9.4.1 .3(a) (AOC training programme) of the
regulations.
(b) An aircraft repair specialist may not perform or supervise duties unless
the aircraft repair specialist understands the current instructions of the
employing certificate holder and the instructions for continued airworthiness,
which relate to the specific operations concerned.
(c) An aircraft repair specialist license must be surrendered to the Authority
at the time the license holder leaves the employ of the AMO or AOC.

DISPLAY OF LICENSE
(a) Each person who holds an aircraft repair specialist license shall keep it
within the immediate area where he/she normally exercises the privileges of
the license and shall present it for inspection upon the request of the
Authority or an authorised representative of the Director General, or any
Federal, State, or local law enforcement officer.

Page 39 of 187 AFIT. AIR LAW AUGUST.2012


(2.6.5) INSTRUCTORS FOR AIRCRAFT MAINTENANCE ENGINEER
LICENCES
Age:
An applicant for an aircraft maintenance engineer instructor licence and
rating shall be at least 21 years of age.

Knowledge:
An applicant for an aircraft maintenance engineer instructor licence shall
have met the instructor requirements in section 2.2.6 of part 2; and
Any additional requirements as may be also be specified by the Authority.

Experience:
The applicant for an aircraft maintenance engineer instructor licence and
rating shall hold at least a current and valid aircraft maintenance engineer
licence and rating for which the instructor licence is sought and have a
minimum of three year’s experience as an aircraft maintenance engineer.

Privileges:
The privileges of aircraft maintenance engineer instructor licence are to give
instruction to aircraft maintenance engineer licence applicants and to endorse
those applicants for a knowledge or skill test as applicable.

Validity:
Subject to compliance with the requirements specified in this Part, the
validity period of the aircraft maintenance engineer instructor licence is 2
years.

Renewal:
An aircraft maintenance engineer instructor licence that has not expired may
be renewed for an additional 24 calendar months if the holder presents to

Page 40 of 187 AFIT. AIR LAW AUGUST.2012


the Authority evidence that he/she has within the past 12 months preceding
the expiry date —
(1) Conducted at least six exercises in an approved course for a aircraft
maintenance engineer licence or rating; or
(2) Received refresher training acceptable to the Authority.

Reissue:
If the aircraft maintenance engineer instructor licence has expired, the
applicant shall have received refresher training acceptable to the Authority.

VALIDATION OF AME LICENCES BY RELIANCE UPON THE LICENSING


SYSTEM OF ANOTHER CONTRACTING STATE

Validation of AME licence:


Validation is the action taken by Nigeria as an alternative to issuing its own
licence, in accepting a licence issued by another contracting state as the
equivalent of its own licence for use on Nigerian register aircraft.

General requirements for validation:


Any person, who holds a current and valid AME licence issued by another
Contracting State in accordance with ICAO Annex 1, may apply for a
validation of such licence for use on aircraft registered in Nigeria. The
person will present to the Authority the foreign licence and evidence of the
experience required by presenting the personal record. However, the
applicant would have to demonstrate to the satisfaction of the Authority the
knowledge of the following elements: Air Law; Airworthiness requirements
governing certification and continuing airworthiness; Approved maintenance
organisations and procedures and has to pass a relevant skill test; and have
a minimum of four years AME experience.

Page 41 of 187 AFIT. AIR LAW AUGUST.2012


Duration of Validated AME License:
Validated AME licence has duration of not more than 12 month or till the
licence of the holder of such certificate ceases to be valid, whichever comes
first.

CONVERSION OF AME LICENCE BY RELIANCE UPON THE LICENSING


SYSTEM OF ANOTHER CONTRACTING STATE

Conversion of AME licence:


Conversion is the action taken by Nigeria in issuing his own licence on the
basis of a licence issued by another contracting state for use on Nigerian
registered aircraft.

The NCAA may issue a licence with the applicable rating to the holder of a
current and valid foreign licence if there is an agreement between the
Authority and the other contracting state about the recognition of licences,
the knowledge requirements (ref. 2.2.4.10 and IS 2.2.4.10, Nig.CAR 2009)
and other conditions in the Nigeria regulation is met.
In conversion of AME licences, it must have been validated in Nigeria with
evidence of 12 months performing maintenance on aircraft registered in
Nigeria.

SUSPENSION OR REVOCATION OF A LICENCE


It is essential to emphasise that the privilege(s) of an AME licence, rating,
authorisation, or certificate may cease under certain conditions set in the
Nig.CARs. This is not an irrevocable onetime life endorsement. The
conditions for such action by the Authority are prescribed in Part 1 and Part
2 of the Nig.CARs. See Nig.CAR, 2.2.9

Page 42 of 187 AFIT. AIR LAW AUGUST.2012


THIS PAGE IS INTENTIONALLY LEFT BLANK

Page 43 of 187 AFIT. AIR LAW AUGUST.2012


APPROVED MAINTENANCE ORGANISATION (AMO)

INTRODUCTION
For an AME, understanding how an AMO is structured and operate is
essential, not only because he/she constitutes the certifying staffs that
execute the privileges of the AMO, but for that, in most cases an AME
exercises his or her privileges under an approved maintenance organisation.

An AMO is referred to as a part 6 Organisation, and the regulations


concerning AMO are set in Nig.CARs Part 6. This Part of the Regulations
provides requirements for the certification and monitoring of an AMO. This
prescribes the requirements for issuing approvals to organisations for the
maintenance, preventive maintenance, and alterations of aircraft and
aeronautical products and stipulates the general operating rules for an
Approved Maintenance Organisation (AMO).

The NCAA (Authority) is responsible to certify an Approved maintenance


organisation. An approved maintenance organisation may perform
maintenance, only for which it is rated and within the limitations placed in its
approval schedule. This maintenance may include; preventive maintenance,
repair or modifications on an aircraft; airframe, engine, propeller, appliance,
component, or part thereof.

Regulation 6.2.1.2 of the Nig.CARs stipulates that no person should operate


as an Approve Maintenance Organisation (AMO) without or in violation of an
AMO certificate issued under the regulation.

Regulation 9.3.2.3 and 6.2.2.2 of the Nig.CARs requires that maintenance


work on an aircraft certified in commercial air transport category, and all

Page 44 of 187 AFIT. AIR LAW AUGUST.2012


aircraft whose maximum of weight is above 13,610kg (30000lbs) is
performed by a maintenance organisation (AMO) approved by the Authority.

TERMS & DEFINITIONS:


Before we move on, let see the definition of some terms that we shall come
across.
 Accountable manager: The person acceptable to the Authority who has
corporate authority for ensuring that all operations and maintenance
activities can be financed and carried out to the standard required by
the Authority, and any additional requirements defined by the operator.
 Approved data. Technical information approved by the Authority.
 Approved Maintenance Organisation (AMO): An organisation approved
to perform specific aircraft maintenance activities by the Authority.
These activities may include the inspection, overhaul, maintenance,
repair and/or alteration and release to service of aircraft or
aeronautical products.
 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
 Line maintenance: Any unscheduled maintenance resulting from
unforeseen events, or scheduled checks that contain servicing and/or
inspections that do not require specialised training, equipment, or
facilities.
 Maintenance release: A document which contains a certification
confirming that the maintenance work to which it relates has been
completed in a satisfactory manner, either in accordance with the
approved data and the procedures described in the maintenance
organisation’s procedures manual or under an equivalent system.

Page 45 of 187 AFIT. AIR LAW AUGUST.2012


 Specialised maintenance. Any maintenance not normally performed by
an AMO (e.g., tire retreading, plating, etc.).

APPROVED MAINTENANCE ORGANISATION CERTIFICATE


To obtain an AMO certificate the following submissions would have been
made to the Regulatory Authority:
 An application in a form and manner prescribed by the Authority;
 Duplicate copy of its maintenance procedure manual;
 A list of the maintenance functions to be performed for it, under
contract, by another AMO;
 A list of all AMO certificates and ratings pertinent to those certificates
issued by any contracting State other than Nigeria; and
 Documentation of the maintenance organisations Quality System; and
 Any additional information the Authority requires the applicant to
submit.

An AMO may also amend an existing AMO certificate, and the maintenance
programme manual, if applicable; in these cases an approval is required
from the Authority.
After investigation, and the regulations, standards, and adequate equipments
requirements are met, and has paid the fees and charges prescribed, an
AMO certificate will be issued by the Authority.

AMO certificate
The AMO certificate consist of two documents-
(1) A one page certificate signed by the Authority; and
(2) A multi-page operations specifications signed by the Accountable
Manager and the Authority containing the terms, conditions, and
authorisations.

Page 46 of 187 AFIT. AIR LAW AUGUST.2012


An approved maintenance organisation may perform maintenance, preventive
maintenance, or alterations on an aircraft, airframe, aircraft engine, propeller,
appliance, component, or part thereof only for which it is rated and within
the terms, conditions, and authorisations placed in its operations
specifications.

The AMO certificate is in a format as shown, it contains:

 The certificate number specifically assigned to the AMO;


 The name and location (main place of business) of the AMO;
 The date of issue and period of validity;
 The ratings issued to the AMO; and
 Authority signature.

CERTIFICATION OF A MAINTENANCE ORGANISATION


AMO certification is carried out in compliance with five phase certification
and Approval Process. This process is explained in Advisory circular No.
NCAA-AC GENN003.
The five (5) phases are:
 Pre – application phase
 Formal Application phase
 Formal application phase
 Document Evaluation phase
 Documentation and inspection; and Certification phase

DURATION AND RENEWAL OF AMO CERTIFICATE


A certificate or rating issued to an approved maintenance organisation
located either inside or outside Nigeria is effective from the date of issue
until-

Page 47 of 187 AFIT. AIR LAW AUGUST.2012


(1) The last day of the 24th month after the date on which it was issued,
(2) The approved maintenance organisation surrenders the certificate, or
(3) The Authority suspends or revokes the certificate.

The holder of a certificate that expires or is surrendered, suspended, or


revoked by the Authority must return the certificate and operations
specifications to the Authority.

A certificated approved maintenance organisation that applies for a renewal


of its approved maintenance organisation certificate for aircraft registered in
Nigeria must submit its request for renewal no later than 90 days before the
approved maintenance organisation’s current certificate expires. lf a request
for renewal is not made within this period, the approved maintenance
organisation must follow the application procedure prescribed by the
Authority.

CONTINUED VALIDITY OF APPROVAL


Unless the approval has previously been surrendered, superseded,
suspended, 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 the required parts of the
regulation;
(2) The Authority being granted access to the organisation’s facilities to
determine continued compliance with this regulation; and
(3) The payment of any charges prescribed by the Authority.

CHANGES TO THE AMO AND CERTIFICATE AMENDMENTS


To enable the Authority to determine continued compliance with Part 6, the
AMO is required to notify to the Authority either prior to, or within a time

Page 48 of 187 AFIT. AIR LAW AUGUST.2012


period determined by the Authority to be as soon as practicable after,
certain changes to the AMO such as change of name of the organisation,
location, key personnel e.t.c. as prescribed in the regulation

RATINGS OF THE AMO


The following ratings are issued to an AMO -
(1) Airframe ratings.
Class 1: Composite construction of small aircraft.
Class 2: Composite construction of large aircraft.
Class 3: AIl—metaI construction of small aircraft.
Class 4: All-metal construction of large aircraft.

(2) Powerplant ratings.


Class 1: Piston engines of 400 horsepower or less.
Class 2: Piston engines of more than 400 horsepower.
Class 3: Turbine engines.

(3) Propeller ratings.


Class 1: Fixed-pitch and ground-adjustable propellers of wood, metal
or composite construction.
Class 2: Other propellers, by make.

(4) Avionics/radio ratings.


Class 1: Communication equipment:
Class 2: Navigational equipment:
Class 3: Pulsed equipment: Any aircraft electronic system operated on
pulsed radio frequency principles.

Page 49 of 187 AFIT. AIR LAW AUGUST.2012


(5) Instrument ratings.
Class 1: Mechanical: Any diaphragm, bourdon tube, aneroid, optical,
e.t.c
Class 2: Electrical: Any self-synchronous and electrical indicating
instruments and systems, e.t.c

Class 3: Gyroscopic: Any instrument or system using gyroscopic


principles and motivated by air pressure or electrical energy.

Class 4: Electronic: Any instruments; whose operation depends on


electron tubes, transistors, electronic displays, or similar devices.

(6) Accessory ratings.


Class 1: Mechanical. The accessories that depend on friction,
hydraulics, mechanical linkage, or pneumatic pressure for operation,
Class 2: Electrical. The accessories that depend on electrical energy
for operation, and generators, including starters, voltage regulators,
electric motors, electrically driven fuel pumps, magnetos, or similar
electrical accessories.

Class 3: Electronic. The accessories that depend on the use of an


electron tube transistors, or similar device, including supercharger,
temperature, air conditioning controls, or similar electronic controls.

AMO LIMITED RATINGS


Whenever the Authority finds it appropriate, it may issue a limited rating to
an AMO that maintains or alters only a particular type of airframe,
powerplant, propeller, radio, instrument, or accessory, or parts thereof, or
performs only specialised maintenance requiring equipment and skills not
ordinarily found in an AMO. Such a rating may be limited to a specific

Page 50 of 187 AFIT. AIR LAW AUGUST.2012


model aircraft, engine, or constituent part, or to any number of parts made
by a particular manufacturer.

Limited ratings are issued for-

(1) Airframes of a particular make and model;


(2) Powerplants of a particular make and model;
(3) Propellers of a particular make and model;
(4) Radio equipment of a particular make and model;
(5) Instruments of a particular make and model;
(6) Accessories of a particular make and model;
(7) Landing gear components;
(8) Floats, by make;
(9) Nondestructive inspection, testing, and processing;
(10) Emergency equipment;
(11) Rotor blades, by make and model;
(12) Aircraft fabric work; and
(13) Any other purpose for which the Authority finds the applicants request
appropriate.

Specialised service ratings:


A specialised service rating may be issued to a maintenance organisation to
perform specific maintenance or processes. The operating specifications of
the approved maintenance organisation must identify the specification used
in performing that specialised service. The specification may be-
(1) A civil or military specification that is currently used by industry and
approved by the Authority; or
(2) A specification developed by the approved maintenance organisation and
approved by the Authority.

Page 51 of 187 AFIT. AIR LAW AUGUST.2012


AMO’s CERTIFICATION REQUIREMENTS

Certain certification requirements, and operating rules set in Part 6 of the


regulations are expected to be met by the maintenance organisation. These
can be summarized into the following headings;

1 Housing, Facility, Equipment, material and Data requirement.


2. Administrative requirements.
3 Maintenance procedures
4. Quality system, and
5. Safety management system

1. HOUSING, FACILITY, EQUIPMENT, MATERIAL AND DATA


The provisions of the regulations require an AMO to make available
accommodation and facilities appropriate for all planned work, ensuring in
particular, protection from weather. All the facilities should be appropriate for
the work carried out and shall not impair the effectiveness of personnel. The
specialized workshops are to be segregated as appropriate, ensuring that
environmental and work area contamination is unlikely.
Storage facilities should also be provided for, parts, equipment, tools and
material, (e.g tools store). Storage conditions shall provide security for
serviceable parts, segregation of serviceable from unserviceable parts, and
prevents deterioration of and damage to stored items (such as bonded and
quarantine stores). We shall treat this in detail in the latter section of this
course note.
The AMO shall make available necessary equipment, tools and materials to
perform the approved scope of work. The proper tool and equipment control
should be maintained, with their inspection, service, or calibration on a

Page 52 of 187 AFIT. AIR LAW AUGUST.2012


regular basis in accordance with the manufactures recommendation, or the
Authority’s accepted period.

2. ADMINISTRATION
Personnel requirements:
An AMO is expected to have management person or group of persons
acceptable to the Authority, whose responsibilities should include ensuring
that the AMO is in compliance with the Nig. CA Regulations, It is required
to nominate; The person(s) as manager(s) to represent the maintenance
management structure of the AMO, and is responsible for all functions
specified in the regulations regarding the AMO.
The nominated managers are to be directly responsible to an Accountable
manager who shall be acceptable to the Authority.
The person signing a maintenance release or a certificate of release to
service should be qualified in accordance with Part 2 of the Regulations as
appropriate to the work performed and must be acceptable to the Authority.
The maintenance personnel and the certifying staff shall meet the
qualification requirements and receive initial and continuation training to their
assigned tasks and responsibilities in accordance with a programme
acceptable to the Authority.
Procedure for establishing competence of personnel, personnel training
programme, rest and duty limitation for personnel, record of managements
and certifying staff and their authorisation should also be established in
accordance with the regulation (Nig.CARs 6.4).
It is worthy to note that the regulations prescribe a rest hour of a minimum
of 8 hours prior to a duty. i.e before performing maintenance function. And
following an unscheduled duty period, the person performing maintenance
function for aircraft shall have a mandatory rest period of 10 hours.
The AMO is required to maintain a roster of all management, supervisory,
inspection and certifying staff, which includes details of the scope of their

Page 53 of 187 AFIT. AIR LAW AUGUST.2012


authorisation. Certifying staff shall be notified in writing of the scope of their
authorisation. However, unlike licences, Certifying staffs are not required to
carry the authorisation document at all times but shall produce it within a
reasonable time of a request from an authorised person.
The AMO is required to keep the records of these individuals for at least
two year after that person have ceased employment with the AMO or after
withdrawal of hi/her Authorisation.
All AMO is required to develop a training programme approved by the
authority, that will consist of Initial indoctrination, recurrent, specialized and
remedial training. The training programme shall endure that each employee
assigned to perform maintenance activity is capable of performing the
assigned task.
Any of the AMO’s employee whose job function involves Dangerous goods
activates, must receive dangerous goods training. These activities are as
listed in Nig.CARs 6.4.1.3.

3. MAINTENANCE PROCEDURES
The Authority requires the AMO to establish procedures acceptable to the
Authority, to provide a good maintenance practices and compliance with all
relevant requirements in the Regulations such that aircraft and aeronautical
products may be properly released to service.
The maintenance procedures should cover all aspects of maintenance activity
and describe standards to which the AMO intends to work.
These procedures are required to be provided in a Maintenance Procedure
Manual. An AMO Maintenance Procedure Manual is a document which
specifies the scope of work required of the AMO in order to satisfy the
relevant requirements needed for approval of an aircraft or aeronautical
product for release to service. It is a statement of an organisation’s own
interpretation of the requirements within its own domestic environment.

Page 54 of 187 AFIT. AIR LAW AUGUST.2012


The purpose of the Maintenance Procedure Manual is to set forth the
procedures, means and methods of the AMO holder. Compliance with its
contents will assure compliance with AMO holder maintenance system
requirement.
Capability list - An approved maintenance organisation must prepare and
retain a current capability list approved by the Authority. The approved
maintenance organisation may not perform maintenance, preventive
maintenance, or alterations on an article until the article has been listed on
the capability list in accordance with the regulation (Nig.CAR, 6.5.1.3)
The AMO would also, make available to the authority any maintenance
function contracted to outside source.

4. QUALITY SYSTEM
An AMO is also required by the regulations to establish a quality system
that must be acceptable to the Authority. The purpose is to monitor
compliance with and the adequacy of the procedures and provide a system
of inspection, to ensure that all standards and maintenance activities is
properly performed.
In a quality system it is requires that feedback on the quality performance is
given to the maintenance staff and to the Accountable manager, to ensure
that corrective actions are both identified and promptly addressed.

Quality Policy.
An AMO shall establish a formal, written quality policy statement that is a
commitment by the Accountable Manager as to what the quality system is
intended to achieve. The quality policy shall reflect the achievement and
continued compliance with the Regulations together with any additional
standards specified by the AMO.
The quality system shall enable the AMO to monitor compliance with the
Nig. CA Regulations, the AMO”s manual system, and any other standards

Page 55 of 187 AFIT. AIR LAW AUGUST.2012


specified by the AMO, or the Authority, to ensure safe operations and
airworthy aircraft.
The overall responsibility of the quality system lies with the Accountable
Manager, these includes including the frequency, format and structure of the
internal management evaluation activities.

Quality Manager.
The function of the Quality Manager is to monitor compliance with, and the
adequacy of, procedures required to ensure safe operational practices and
airworthy aircraft as required by the Regulations. These function may be
carried out by more than one person by means of different, but
complementary, quality assurance programs.
The primary role of the Quality Manager is to verify, by monitoring activity in
the field of, maintenance, that the standards required by the Authority, and
any additional requirements defined by the AMO, are being carried out under
the supervision of the relevant required management personnel.
The Quality Manager is to be responsible for ensuring that the quality
assurance programme is properly established, implemented and maintained.

The Quality Manager shall:


(a) Report to the Accountable Manager;
(b) Not be one of the required management personnel; and
(c) Have access to all parts of the AMO’s, and as necessary, any sub-
contractors organisation.
In the case of small AMO’s, the posts of the Accountable Manager and
Quality Manager may be combined, subject to the Authority’s acceptance of
the action.
The quality system shall be structured according to the size and complexity
of the organisation to be monitored.

Page 56 of 187 AFIT. AIR LAW AUGUST.2012


Quality Assurance Programme:
The quality assurance programme include all planned and systematic actions
necessary to provide confidence that all maintenance is conducted in
accordance with all applicable requirements, standards and procedures.

Quality Inspection
The primary purpose of a quality inspection is to observe a particular
event/action/document, etc. in order to verify compliance with established
procedures, requirements and the required standard. Subject areas for quality
inspections are such as Work environment, Storage, Certifying certifying staff,
Cleanliness standards, Aircraft release, e.t.c.
Acceptable methods for quality inspections for maintenance are:

(a) Product sampling — the part inspection of a representative sample of the


aircraft fleet;
(b) Defect sampling - the monitoring of defect rectification performance;
(c) Concession sampling - the monitoring of any concession to not carry out
maintenance on time;

Page 57 of 187 AFIT. AIR LAW AUGUST.2012


Fig 3.1 Example of Quality system of an Organisation

5. SAFETY MANAGEMENT SYSTEM


AMO is required to establish a safety management system (SMS) in order to
achieve an acceptable level of safety in the maintenance of aircraft. Safety
system as a minimum:
(a) establishes safety policy;
(b) identifies Safety hazard;
(c) ensures that remedial action necessary to maintain an acceptable level of
Safety is implemented;

Page 58 of 187 AFIT. AIR LAW AUGUST.2012


(d) provides for continuous monitoring and regular assessment of the safety
level achieves; and
(e) Aims to make continuous improvement of the overall level of safety.
A safety manager is appointed to manage the programme (Nig.CAR,
6.4.1.6).

PERSONNEL REQUIREMENTS IN AN AMO


The AMO functions can be subdivided under individual managers or
combined in any number of ways, dependent upon the size of the AMO.
An AMO usually would have, dependent upon the extent of approval, the
following managers, all of whom reports to the Accountable Manager:
(1) A base maintenance manager;
(2) A line maintenance manager;
(3) A workshop manager; and
(4) A quality manager.

The Accountable Manager shall be responsible for ensuring that all


necessary resources are available to accomplish maintenance required to
support the AMO's approval.

The Base Maintenance Manager shall be responsible for:


(1) Ensuring that all maintenance required to be carried out in the hangar,
plus any defect rectification carried out during base maintenance, is carried
out to specified design and quality standards; and
(2) Any corrective action resulting from quality compliance monitoring.

The Line Maintenance Manager shall be responsible for:


(1) Ensuring that all maintenance required to be carried out on the line,
including line defect rectification, is performed to the required standards; and
(2) Any corrective action resulting from quality compliance monitoring.

Page 59 of 187 AFIT. AIR LAW AUGUST.2012


The Workshop Manager shall be responsible for:
(1) Ensuring that all work on aircraft components is performed to required
standards; and
(2) Any corrective action resulting from quality compliance monitoring.

The Quality Manager shall be responsible for:


(1) Monitoring the AMO's compliance with Part 6 of the Regulations; and
(2) Requesting remedial action as necessary by the base maintenance
manager/line maintenance manager/workshop manager or the Accountable
manager, as appropriate.

An AMO may adopt for any title for these managerial positions, but would
identify to the Authority the titles and persons chosen to carry out the
functions.

Where an AMO chooses to appoint managers for all or any combination of


the identified functions because of the size of the undertaking, these
managers shall report ultimately through either the Base Maintenance
Manager or Line Maintenance Manager or Workshop Manager or Quality
Manager, as appropriate, to the Accountable Manager.

The managers specified above shall be identified and their credentials


submitted to the Authority. To be accepted, such managers must have
relevant knowledge and satisfactory experience related to aircraft/aircraft
component maintenance as appropriate in accordance with the regulations.

PRIVILEGES OF THE APPROVED MAINTENANCE ORGANISATION


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

Page 60 of 187 AFIT. AIR LAW AUGUST.2012


(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) Perform the activities in support of a specific AOC holder where that
AOC 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 Authority; 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,
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, if-
(1) The function would be performed in the same manner as when
performed at the AMO and in accordance with this Subpart;
(2) All necessary personnel, equipment, material, and technical and/or
approved standards are available at the place where the work is to be done;
and
(3) The Maintenance Procedures Manual of the AMO sets forth approved
procedures governing work to be performed at a place other than the AMO.

Page 61 of 187 AFIT. AIR LAW AUGUST.2012


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.

CERTIFICATE OF RELEASE TO SERVICE OF AN AIRCRAFT, PART,


COMPONENT OR ASSEMBLY
A certificate of release to service shall be issued by appropriately authorised
certifying staff when satisfied that all required maintenance of the aircraft has
been properly carried out by the AMO in accordance with the Maintenance
Procedures Manual (MPM).
A certificate of release is required at the completion of any maintenance on
an aircraft part, component or assembly when off the aircraft.
The release to service to be used for release of an aircraft or aeronautical
part, component or assembly shall adhere to the following items.

(1) The certificate of release to service shall contain the following statement:

‘‘I Certified that the work specified was carried out in accordance with
current regulations and in respect to that work the aircraft/aircraft component
is considered approved for release to service."

(2) The certificate of release to service shall reference the data specified in
the manufacturer’s maintenance instructions or instructions for continued
airworthiness.
(3) Where instructions include a requirement to insure that a dimension or
test figure is within a specific tolerance as opposed to a general tolerance,
the dimension or test figure shall be recorded unless the instruction permits

Page 62 of 187 AFIT. AIR LAW AUGUST.2012


the use of GO/NO gauges. It is not normally sufficient to state that the
dimension or the test figure is within tolerance.
(4) The date such maintenance was carried out shall include when the
maintenance took place relative to any life or overhaul limitation in terms of
date/flying hours/cycles/landings etc., as appropriate.
(5) When extensive maintenance has been carried out, it is acceptable for
the certificate of release to service to summarise the maintenance as long
as there is a cross-reference to the work package containing full details of
maintenance carried out. Dimensional information shall be retained in the
work package record.
(6) The person issuing the release to service shall use a full signature and
preferably a certification stamp except in the case where a computer release
to service system is used. In this latter case, the Authority will need to be
satisfied that only the particular person can electronically issue the release
to service.
(d) An aeronautical product which has been maintained off the aircraft
requires the issue of a certificate of release to service (NCAA Form One) for
such maintenance and another certificate of release to service of the aircraft
in regard to maintenance being properly accomplished on the aircraft. The
release to service of the aircraft shall be made by the AMO in the aircraft
technical log maintenance records section.
(e) When a part of component is released to service, the AMO shall
complete NCAA Form One as contained in IS: 6.5.1.7.

CONTINUED AIRWORTHINESS
An Approve Maintenance Organisation is responsible, for the continued
airworthiness, to establish procedures for; collecting, investigating, and
analysing information relating to defects in the aircraft or component
maintained by the maintenance organisation and distributing that information
to the applicable design organisation; and the owner or operator of that

Page 63 of 187 AFIT. AIR LAW AUGUST.2012


aircraft or component it maintains; and providing defect incident information
to the Authority in accordance with Part 5.

REPORTING OF UN-AIRWORTHY CONDITIONS


It is the responsibility of the AMO to report to the Authority and the design
organisation of the state of design, any identified conditions that could
present a serious hazard to the aircraft. The report should be in a manner
prescribed by the Authority.
Where the AMO is contracted by an AOC holder to carry out maintenance,
the AMO should report to the AOC holder any condition affecting the aircraft
or aeronautical product.
Reports shall be made as soon as practicable, but in any case within three
(3) days of the AMO identifying the conditions to which the report relates.

MAINTENANCE RECORDS
The AMO is required to record all details of maintenance work performed.
And retains a copy of all detailed maintenance records (e.g CRS, CRS and
MS) and any associated approved data for two (2) years from the date the
aircraft or aeronautical product to which the work relates was released from
the AMO. These records will be discussed in the latter part of this note.

Page 64 of 187 AFIT. AIR LAW AUGUST.2012


COMMERCIAL ART TRANSPORTATION
The regulations for commercial air operators whose principal place of
business or permanent residence is in Nigeria are set in part 9 of the
Nig.CARs. Commercial air transportation refers to carriage of passengers,
cargo or mails for remuneration or hire.
Air Operator Certification (AOC) is the certificate issue by the Authority to an
operator authorising the operators to carry out specific commercial air
transport operations.
Part 9 of the Regulations prescribes requirements for the original certification
and continued validity of air operator certificates (AOC) issued by Nigeria.

TERMS AND THEIR MEANING


Accountable Manager: The person acceptable to the Authority who has
corporate authority for ensuring that all operations and maintenance activities
can be financed and carried out to the standard required by the Authority,
and any additional requirements defined by the operator.

Aircraft Operating Manual: A manual, acceptable to the State of the


Operator, containing normal, abnormal and emergency procedures, checklists,
limitations, performance information, details of the aircraft systems, and other
material relevant to the operation of the aircraft.

Aircraft Technical Log: Documentation for an aircraft that includes the


maintenance record for the aircraft and a record for each flight made by the
aircraft. The aircraft technical log is comprised of a journey records section
and a maintenance section.

Air Operator Certificate (AOC): A certificate authorising an operator to carry


out specified commercial air transport operations.

Page 65 of 187 AFIT. AIR LAW AUGUST.2012


Airworthiness Release: The air operator's aircraft are released for service
following maintenance by a person specifically authorised by the air operator
rather than by an individual or maintenance organisation on their own behalf.

Commercial air transport operation: An aircraft operation involving the public


transport of passengers, cargo or mail for remuneration or hire.

Configuration Deviation List (CDL): A list established by the organisation


responsible for the type design with the approval of the State of Design
which identifies any external parts of an aircraft type which may be missing
at the commencement of a flight, and which contains, where necessary, any
information on associated operating limitations and performance correction.

Dangerous goods: Articles or substances which are capable of posing a risk


to health, safety, property or the environment and which are shown in the
list of dangerous goods in the ICAO Technical Instructions (see definition
below) or which are classified according to those Instructions.

AIR OPERATOR CERTIFICATE


No operator may operate an aircraft in commercial air transport unless that
operator holds an AOC for the operations being conducted. Also, only
authorized aircraft of the commercial operator can be operated in accordance
with the terms and conditions of it AOC. In order to continue to hold this
certificate, the AOC holder shall, at all times, continue in compliance with
the AOC terms, conditions of issuance, and maintenance requirements.
Failure to comply may result in the revocation or suspension of the AOC.

Page 66 of 187 AFIT. AIR LAW AUGUST.2012


APPLICATION FOR AN AIR OPERATOR CERTIFICATE
An operator applying to the Authority for an AOC would submit an
application in a form and manner prescribed by the Authority.
Each applicant shall make the application for an initial issue of an AOC at
least 180 days before the date of intended operation. At the time of
application, the applicant shall provide all information and manuals required
under Part 9.

ISSUANCE OR DENIAL OF AIR OPERATOR CERTIFICATE


The Authority may issue an AOC if, after investigation, the Authority finds
that the applicant-
(1) ls a citizen of Nigeria;
(2) Has its principle place of business and its registered office, if any,
located in Nigeria;
(3) Meets the applicable regulations and standards for the holder of an
AOC;
(4) Meets the aircraft requirements specified in the IS for the type of
operation proposed;
(5) ls properly and adequately equipped for safe operations in commercial
air transport and maintenance of the aircraft; and
(6) Holds the economic authority issued by the Authority under the
provisions of the Civil Aviation Act 2006; and
(7) Has demonstrated to the Authority’s satisfaction that it is capable of
conducting safe operations in the public interest.
(b) Notwithstanding subsection 9.1.1.6 [above], an operator may operate with
the mutual agreement of the Authority and another civil aviation authority
aircraft registered on the national register of that other civil aviation authority.
The Authority may deny application for an AOC if the Authority finds that-
(1) The applicant does not satisfy each of the certification requirements
specified in paragraph (a) above;

Page 67 of 187 AFIT. AIR LAW AUGUST.2012


(2) The applicant previously held an AOC which was revoked; or
(3) An individual that contributed to the circumstances causing the revocation
process of an AOC obtains a substantial ownership or is employed in a
position required by this regulation.

CONTENTS OF AIR OPERATOR CERTIFICATE


(a) The AOC will consist of two documents-
(1) A one-page certificate for public display signed by the Authority, and
(2) Operations specifications containing the terms and conditions applicable
to the AOC holder’s certificate.
(b) The Authority will issue an AOC that contains-
(1) The name and location (main place of business) of the AOC holder;
(2) The date of issue and period of validity for each page issued;
(3) A description of the type of operations authorised;
(4) The type(s) of aircraft(s) authorised for use;
(5) The authorised areas of operations; and
(6) Other special authorisations, approvals and limitations issued by the Authority in
accordance with the standards which are applicable to the operations and maintenance
conducted by the AOC holder.

DURATION OF AN AIR OPERATOR CERTIFICATE


(a) An AOC or any portion of the AOC, issued by the Authority is effective
for a period not to exceed twenty-four (12) months from the date of issue
unless-
(1) The Authority amends, suspends, revokes or otherwise terminates the
certificate;
(2) The AOC holder surrenders it to the Authority; or
(3) The AOC holder suspends operations for more than 60 days.
(b) An AOC holder shall make application for renewal of an AOC at least
30 days before the end of the existing period of validity.

Page 68 of 187 AFIT. AIR LAW AUGUST.2012


AMENDMENT OF AN AIR OPERATOR CERTIFICATE
It is possible for the Authority to amend an AOC holder’s certificate. The
operator can also propose for amendment, but amendment can only be
made at least 30 days prior to the intended date of any operation under
that amendment or notice to the AOC holder by the Authority.

CONDUCTING TESTS AND INSPECTIONS


The Authority will conduct on-going validation of the AOC holder’s continued
eligibility to hold its AOC and associated approvals by conducting inspections
and test of all the AOC’s facilities, Operation and maintenance manuals, and
records documents and reports it is required to keep.
Failure by any AOC holder to make available to the Authority upon request,
all portions of the AOC, Operations and Maintenance Manuals and any
required record, document or report is grounds for suspension of all or part
of the AOC.

MANAGEMENT PERSONNEL REQUIRED FOR COMMERCIAL AIR


TRANSPORT OPERATIONS
An AOC holder is expected to have an Accountable manager, acceptable to
the Authority, who has corporate authority for ensuring that all flight
operations and maintenance activities can be financed and carried out to the
highest degree of safety standards required by the Authority.

When conducting commercial air transport operations, the AOC holder is


required to have qualified personnel in following positions or their equivalent:
(1) Director of Operations.
(2) Chief Pilot.
(3) Director of Safety.
(4) Director of Maintenance.

Page 69 of 187 AFIT. AIR LAW AUGUST.2012


(5) Chief Inspector.
(6) Quality Manager.

The Authority may approve positions or numbers of positions, other than


those listed. Each of these post holder must be qualified and meet all the
requirement in the regulations and acceptable to the Authority. The AOC
holder must notify the Authority within 10 days of any change in personnel
or any vacancy in any of the position listed.

QUALITY SYSTEM
Each AOC holder is required by regulation to establish a quality system and
designate a quality manager to monitor compliance with, and adequacy of,
procedures required to ensure safe operational practices and airworthy
aircraft.
Compliance monitoring includes a feedback system to the Accountable
manager to ensure corrective action as necessary.
The AOC holder quality system should includes a quality assurance
programme that contains procedures designed to verify that all operations
are being conducted in accordance with all applicable requirements,
standards and procedures.
An AOC may nomination of two Quality Managers, one for operations and
one for maintenance, provided that the operator has designated one Quality
Management Unit, to ensure that the Quality System is applied uniformly
throughout the entire operation.
Where the AOC holder is also an AMO, the AOC holder’s quality
management system may be combined with the requirements of an AMO
and if acceptable to the Authority, and State of Registry for aircraft not
registered in Nigeria.

Page 70 of 187 AFIT. AIR LAW AUGUST.2012


RETENTION OF RECORDS
An AOC holder is required to retain the following records shown in the table
below, for the period specified. The records shall be maintained in a manner
acceptable to the Authority.

Page 71 of 187 AFIT. AIR LAW AUGUST.2012


COCKPIT VOICE AND FLIGHT DATA RECORDER RECORDS
In the event of an accident or incident requiring immediate notification of the
Authority, the AOC holder shall remove and keep recorded information from
the cockpit voice recorder and flight data recorder for at least 60 days or, if
requested by the Authority, for a longer period.

AIRCRAFT OPERATED BY THE AOC HOLDER


(a) A current list of each aircraft operated by an AOC holder shall be listed
on its operations specifications. Each AOC holder shall apply to the Authority
for an amendment to its operations specifications in advance of any intended
change of aircraft.
(b) Aircraft of another certificate holder operated under an interchange
agreement shall be incorporated to the operations specifications as required
by paragraph (a) above.

AIRCRAFT TECHNICAL LOG


Aircraft Technical Log is a document for an aircraft that includes the
maintenance record for that aircraft and a record for each flight made by the

Page 72 of 187 AFIT. AIR LAW AUGUST.2012


aircraft. The aircraft technical log is comprised of a journey records section
and a maintenance section.

Each AOC holder is required to have an aircraft Technical Log for, and
carried on, each aircraft.

Page 73 of 187 AFIT. AIR LAW AUGUST.2012


COMPANY PROCEDURES INDOCTRINATION
Each Person employed or serving in an ACO is expected to undergo the
company indoctrination training; this includes training in knowledge and skills
related to human performance, including co-ordination with other AOC
personnel.

SAFETY MANAGEMENT SYSTEM


An AOC holder is required to establish and maintain a safety management
system. An AOC holder that operates aircraft with a maximum certificated
take-off mass of more than 27,000 kg must include a flight data monitoring
programme as part of its safety management system.

AIRCRAFT
DRY LEASING OF FOREIGN REGISTERED AIRCRAFT
An AOC holder may dry-lease a foreign aircraft for commercial air transport
as authorised by the Authority. However, the operations regulations of

Page 74 of 187 AFIT. AIR LAW AUGUST.2012


Nigeria must be applicable, the airworthiness regulations of the State of
Registry must be applicable unless the State of Registry agrees to transfer
some or all of the responsibility for airworthiness to the Authority and the
Authority shall have free and uninterrupted access to the aircraft at any
place and any time. See IS: 9.2.3.2 for additional requirements for dry
leasing of foreign-registered aircraft.

WET-LEASING
An AOC holder can only conduct wet-Iease operations on behalf of another
air operator (a wet lease out) in accordance with approval of the authority
and the applicable laws and regulations of any country involve in the
operation. See IS: 9.2.3.4 for additional requirements when wet leasing
aircraft.

OPERATIONS MANUAL:
An AOC holder is required to issue to the crewmembers and persons
assigned operational control functions, an Operations Manual that has been
accepted or approved, as appropriate, by the Authority.
The Operations Manual contains the overall (general) company policies and
procedures regarding the flight operations it conducts for the use and
guidance of its personnel.
The AOC holder should issue the Operations Manual, or pertinent portions,
together with all amendments and revisions to all personnel that are required
to use it. The operations manual may be published in parts, as a single
document, or as a series of volumes. Specific subjects are listed below.
Subjects presented with reference to a specific section shall be addressed in
accordance with the requirements of the referenced section.
OPS manual:
(1) Aircraft Operating Manual. (9.3.1.4)
(2) Minimum Equipment List and Configuration Deviation List. (9.3.1.12)

Page 75 of 187 AFIT. AIR LAW AUGUST.2012


(3) Training Programme. (9.3.1.3)
(4) Aircraft Performance Planning Manual. (9.3.1.13)
(5) Route Guide. (9.3.1.20)
(6) Dangerous Goods Procedures.
(7) Accident Reporting Procedures.
(8) Security Procedures.
(9) Aircraft Loading and Handling Manual. (9.3.1.15)
(10) Cabin crew member Manual (if required). (9.3.1.17)
(h) The Operations Manual shall conform to the outline contained in IS:
9.3.1.2.

AIRCRAFT OPERATING MANUAL


An AOC holder or applicant shall submit proposed aircraft operating manuals
for each type and variant of aircraft operated, containing the normal,
abnormal, and emergency procedures relating to the operation of the aircraft
for approval by the Authority.

AIRCRAFT TECHNICAL LOG ENTRIES - JOURNEY RECORDS SECTION


An AOC holder is `required to use an aircraft technical log containing a
journey records section which includes the following information for each
flight: (See Nig.CAR 9.4.1.9 of the regulations for maintenance records
section of the aircraft technical log).

Entries in the journey logbook shall be made currently and in ink or indelible
pencil. Completed journey log books shall be retained to provide a
continuous record of the last 2 years operations.

Page 76 of 187 AFIT. AIR LAW AUGUST.2012


(9.3.1.12) MINIMUM EQUIPMENT LIST AND CONFIGURATION DEVIATION
LIST
Each AOC holder is required to provide an MEL approved by the Authority
for the use of the flight crew members, maintenance personnel and persons
assigned operational control functions during the performance of their duties.
The MEL shall be specific to the aircraft type and variant which contains the
circumstances, limitations and procedures for release or continuance of flight
of the aircraft with inoperative components, equipment or instruments.
An Each AOC holder may provide for the use of flight crew members,
maintenance personnel and persons assigned operational control functions
during the performance of their duties a Configuration Deviation List (CDL)
specific to the aircraft type if one is provided and approved by the State of
Design. An AOC Holder operations manual shall contain those procedures
acceptable to the Authority for operations in accordance with the CDL
requirements.

AOC MAINTENANCE REQUIREMENTS


This Section provides those certification and maintenance requirements for
an AOC holder using an AMO or an equivalent system.

MAINTENANCE RESPONSIBILITY:
An AOC holder shall ensure the airworthiness of the aircraft and the
serviceability of both operational and emergency equipment by-
(1) Assuring the accomplishment of pre-flight inspections;
(2) Assuring the correction of any defect and/or damage affecting safe
operation of an aircraft to an approved standard, taking into account the
MEL and CDL if available for the aircraft type;
(3) Assuring the accomplishment of all maintenance in accordance with the
approved operator's aircraft maintenance programme;

Page 77 of 187 AFIT. AIR LAW AUGUST.2012


(4) The analysis of the effectiveness of the AOC h0lder's approved aircraft
maintenance programme;
(5) Assuring the accomplishment of any operational directive, airworthiness
directive and any other continued airworthiness requirement made mandatory
by the Authority; and
(6) Assuring the accomplishment of alterations in accordance with an
approved standard and, for non-mandatory alterations, the establishment of
an embodiment policy.
(b) Each AOC holder shall ensure that the Certificate of Airworthiness for
each aircraft operated remains valid in respect to-
(1) The requirements in paragraph (a);
(2) The expiration date of the Certificate; and
(3) Any other maintenance condition specified in the Certificate.
(c) Each AOC holder shall ensure that the requirements specified in
paragraph (a) are performed in accordance with procedures approved by or
acceptable to the Authority.
(d) Each AOC holder shall ensure that the maintenance, preventive
maintenance, and alteration of its Aircraft aeronautical products are
performed in accordance with its maintenance control manual and/or current
instructions for continued airworthiness, and applicable aviation regulations.
(e) Each AOC holder may make an arrangement with another person or
entity for the performance of any maintenance, preventive maintenance, or
alterations; but shall remain responsible of all work performed under such
arrangement.
(f) Each AOC holder shall have its aircraft maintained and released to
service by either an AMO certificated under Part 6 of these regulations or
by an equivalent system. If an equivalent system to an AMO is used, the
AOC holder shall ensure that the person signing the maintenance release is
licensed in accordance with Part 2 of these regulations.

Page 78 of 187 AFIT. AIR LAW AUGUST.2012


APPROVAL AND ACCEPTANCE OF AOC MAINTENANCE SYSTEMS AND
PROGRAMMES
(a) An AOC holder shall not operate an aircraft, except for pre-flight
inspections, unless it is maintained and released to service by an AMO or
equivalent system of maintenance that is approved by the State of Registry
and is acceptable to the Authority.
(b) For aircraft registered in Nigeria, an AMO or an equivalent system of
maintenance shall be approved y the Authority.
(c) For aircraft not registered in Nigeria, an AMO or an equivalent system of
maintenance shall be approved by the State of Registry of the aircraft, and
such approval shall be accepted by the Authority.
(d) When the Authority or the State of Registry accepts an equivalent
system of maintenance, the persons designated to sign a maintenance
release or airworthiness release shall be licensed in accordance with Part 2
of these regulations, as appropriate.

MAINTENANCE CONTROL MANUAL


(a) Each Nigerian AOC holder shall provide to the Authority, and to the
State of Registry of the aircraft, if different from the Authority, an AOC
holder‘s maintenance control manual and subsequent amendments, for the
use and guidance of maintenance and operational personnel concerned,
containing details of the organisations structure including:

Reporting failures, malfunctions and defects:


Failures, malfunctions, and defects should be reported, in accordance with
section 5.5.1.4 of the regulations, to the Authority, or to the State of
Registry and the State of Design if necessary, within 72 hours of discovery;
in addition, items that warrant immediate notification to the Authority by
telephone/telex/fax, with a written follow-on report as soon as possible but
no later than within 72 hours of discovery. Such defect as-

Page 79 of 187 AFIT. AIR LAW AUGUST.2012


(i) Primary structural failure;
(ii) Control system failure;
(iii) Fire in the aircraft;
(iv) Engine structure failure;

MAINTENANCE MANAGEMENT
The AOC holder, approved as an AMO, may carry out the requirements
maintenance of her aircraft.

If the AOC holder is not an AMO, the AOC holder shall meet its aircraft
maintenance responsibilities under the regulations by using:-
- An equivalent system of maintenance approved or accepted by the
Authority; or
- Through an arrangement with an AMO with a written maintenance
contract agreed between the AOC holder and the contracting AMO
detailing the required maintenance functions and defining the support of
the quality functions approved or accepted by the Authority.

The AOC holder must ensure that all maintenance is carried out to an
approved AOC holder’s maintenance control manual are satisfied.

MAINTENANCE RECORDS
Each AOC holder shall keep, in a form acceptable to the Authority, the
following records:
(1) The total time in service (hours, calendar time and cycles, as
appropriate) of the aircraft and all life-limited components;
(2) The current status of compliance with all mandatory continuing
airworthiness information;

Page 80 of 187 AFIT. AIR LAW AUGUST.2012


(3) Appropriate details of alterations and repairs to the aircraft and its major
components;
(4) The time in service (hours, calendar time and cycles, as appropriate)
since last overhaul of the aircraft or its components subject to mandatory
overhaul life;
(5) The current aircraft status of compliance with the maintenance
programme; and
(6) The detailed maintenance records to show that all requirements for
signing of a maintenance release and airworthiness release have been met.
(b) These items listed above (a)(1-5) shall be kept for a minimum of 90
days after the unit to which they refer has been permanently withdrawn from
service, and the records in (a)(6) shall be kept for a minimum of one (1)
year after the signing of the maintenance release and/or airworthiness
release.
If there is a temporary change in operator, or permanent transfer of aircraft
these records specified must be made available to the new operator

AIRCRAFT TECHNICAL LOG ENTRIES-MAINTENANCE RECORD SECTION


An aircraft technical log which includes an aircraft maintenance record
section containing the following information for each aircraft:
(1) information about each previous flight necessary to ensure continued
flight safety.
(2) The current aircraft maintenance release and/or an airworthiness release.
(3) The current inspection status of the aircraft, to include inspections due to
be performed on an established schedule and inspections that are due to be
performed that are not on an established schedule, except that the Authority
may agree to the maintenance statement being kept elsewhere.
(4) The current maintenance status of the aircraft, to include maintenance
due to be performed on an established schedule and maintenance that is

Page 81 of 187 AFIT. AIR LAW AUGUST.2012


due to be performed that is not on an established schedule except that the
Authority may agree to the maintenance statement being kept elsewhere.
(5) All deferred defects that affect the operation of the aircraft.
(b) The aircraft technical log and any subsequent amendment shall be
approved by the Authority.
(c) Each person who takes action in the case of a reported or observed
failure or malfunction of an aircraft! aeronautical product, that is critical to
the safety of flight shall make, or have made, a record of that action in the
maintenance section of the aircraft technical log.
(d) Each AOC holder shall have a procedure for keeping adequate copies of
required records to be carried aboard, in a place readily accessible to each
flight crewmember and shall put that procedure in the AOC holder's
operations manual.

RELEASE TO SERVICE
AOC holder would not operate an aircraft unless it has both a maintenance
release, if maintenance has been performed prior to the flight, and a valid
airworthiness release, as follows.
Maintenance Release:
An AOC holder shall not operate an aircraft unless it is maintained and
released to service by an organisation approved in accordance with Part 6
of the regulations, or under an equivalent system, either of which shall be
acceptable to or approved by the State of Registry.

An AOC holder using an AMO shall not operate an aircraft after release
unless a Certificate of Release to Service has been prepared in accordance
with the AOC maintenance control manual procedures and a logbook entry
in the maintenance records section of the aircraft technical log has been
made.

Page 82 of 187 AFIT. AIR LAW AUGUST.2012


An AOC holder using an equivalent system shall not operate an aircraft after
release unless a logbook entry in the maintenance records section of the
aircraft technical log is prepared or caused to be prepared by an
appropriately licensed and rated individual in accordance with Part 2 of the
regulations, as appropriate. This maintenance release shall be made in
accordance with the AOC maintenance control manual procedures.

(iv)The AOC holder shall ensure that the PIC of the aircraft has reviewed
the maintenance section of the aircraft technical log and determined that any
maintenance performed has been appropriately documented.

Airworthiness Release:
An AOC holder shall not operate an aircraft unless the PIC is in possession
of a valid airworthiness release to indicate that any maintenance,
preventative maintenance or inspections performed on the aircraft have been
satisfactorily performed and appropriately documented.

ALTERATIONS AND REPAIRS


(a) All alterations and repairs shall comply with airworthiness requirements
acceptable to the State of Registry. Procedures shall be established to
ensure that the substantiating data supporting compliance with the
airworthiness requirements are retained. However, in the case of a major
repair or major alteration, the work must have been done in accordance with
technical data approved by the Authority.
(b) An AOC holder that is authorised to perform maintenance, preventive
maintenance, and alterations of any aircraft, airframe, aircraft engine,
propeller, appliance, component, or part thereof, in accordance with the
approved AOC holder’s operations specifications and that wishes to approve
for return to service major repairs or major alterations to an aircraft

Page 83 of 187 AFIT. AIR LAW AUGUST.2012


registered in Nigeria shall use a validly licensed AME with an airframe and
powerplant rating and qualified in accordance with Part 2 of the regulations.

(c) Each AOC holder shall, promptly upon its completion, prepare a report of
each major alteration or major repair of an airframe, aircraft engine,
propeller, or appliance of an aircraft that it operates.
(d) The AOC holder shall submit a copy of each report of a major alteration
to the Authority, and shall keep a copy of each report of a major repair
available for inspection.

AIRCRAFT MAINTENANCE PROGRAMME


Each AOC holder's aircraft maintenance programme and any subsequent
amendment shall be submitted to the State of Registry for approval;
acceptance by the Authority will be conditioned upon prior approval by the
State of Registry.
(b) The Authority will require an operator to include a reliability programme
when the Authority determines that such a reliability programme is
necessary. When such a determination is made by the Authority the AOC
holder shall provide such procedures and information in the AOC holders
maintenance control manual

AUTHORITY TO PERFORM AND APPROVE MAINTENANCE, PREVENTIVE


MAINTENANCE, AND ALTERATIONS
An AOC holder which is not approved as an AMO may perform and
approve maintenance, preventive maintenance, or alterations of any aircraft,
airframe, aircraft engine, propeller, appliance, or component, or a part thereof
for return to service, if approved in the operations specifications, as provided
in its maintenance programme and maintenance control manual. And shall

Page 84 of 187 AFIT. AIR LAW AUGUST.2012


use an appropriately licensed and rated individual in accordance with Part 2
of the regulations

LICENSE REQUIREMENTS FOR AN AIRCRAFT MAINTENANCE ENGINEER


- AOC HOLDER USING EQUIVALENT SYSTEM
Each person who is directly in charge of maintenance and each person
performing required inspections and approving for return to service the
maintenance performed shall be an appropriately licensed and rated aircraft
maintenance engineer or aircraft repair specialist in accordance with Part 2
of the regulations, as appropriate, and acceptable to the Authority.

REST AND DUTY LIMITATIONS FOR PERSONS PERFORMING


MAINTENANCE FUNCTIONS ON AOC HOLDER AIRCRAFT
(a) No person may assign, nor shall any person perform maintenance
functions for aircraft certified for commercial air transport, unless that person
has had a minimum rest period of 8 hours prior to the beginning of duty.
(b) No person may schedule a person performing maintenance functions for
aircraft certified for commercial air transport for more than 12 consecutive
hours of duty.
(c) In situations involving unscheduled aircraft unserviceability, persons
performing maintenance functions for aircraft certified for commercial air
transport may be continued on duty for-
(1) Up to 16 consecutive hours; or
(2) 20 hours in 24 consecutive hours.
(d) Following unscheduled duty periods, the person performing maintenance
functions for aircraft shall have a mandatory rest period of 10 hours.
(e) The AOC holder shall relieve the person performing maintenance
functions from all duties for 24 consecutive hours during any 7 consecutive
day period.

Page 85 of 187 AFIT. AIR LAW AUGUST.2012


QUALITY SYSTEM
In compliance with section 9.2.2.3, an AOC holder shall establish its quality
system.

Quality assurance
Is a set of predetermined, systemic actions which are required to provide
adequate confidence that a product or service satisfies quality requirements.
Quality assurance, as distinguished from quality control, involves activities in
the business, systems, and technical audit areas

Quality Policy
An operator establishes a formal, written quality policy statement that is a
commitment by the Accountable manager as to what the quality system is
intended to achieve. The quality policy shall reflect the achievement and
continued compliance with the Nigerian Civil Aviation Regulations together
with any additional standards specified by the operator.
The Accountable manager is an essential part of the operator’s management
organisation. With regard to the text in 9.2.2.2(a), the "Accountable Manager
is expected to be the Chief Executive/President/Managing Director/ General
Manager, etc. of the operators organisation, who by virtue of his or her
position, has overall responsibility (including financial) for managing the
organisation.

The accountable manager shall have overall responsibility for the operators
quality system, including the frequency, format and structure of the internal
management evaluation activities as prescribed in paragraph 3.9 below.

Page 86 of 187 AFIT. AIR LAW AUGUST.2012


Page 87 of 187 AFIT. AIR LAW AUGUST.2012
Page 88 of 187 AFIT. AIR LAW AUGUST.2012
THIS PAGE IS INTENTIONALLY LEFT BLANK

Page 89 of 187 AFIT. AIR LAW AUGUST.2012


AIRWORTHINESS
Introduction
As regards aircraft maintenance, when one speaks of airworthiness, one is
referring to the condition of an aircraft structure, its engines and systems.
More specifically, the term describes one’s confidence that the structure,
engines and systems are fit for use. And, even more specifically, is it usual
to define airworthiness in terms of fitness for a specified number of flight
cycles, flying hours or calendar time. Indeed, the regulatory authorities
usually issue a certificate to indicate that they are satisfied with an aircraft’s
state of airworthiness subject to restrictions on flight cycles, hours or ‘time.
Once those cycles, hours or calendar time have been used up, a thorough
review of the airworthiness of the structure, engines and systems is needed.
This is referred to as "continuing airworthiness". If this shows that the
aircraft structure, engines and systems continue to be satisfactory for use,
then the aircraft is re-certificated and can continue operation until its next
scheduled review.

How this process works in practice, what roles are played in the process by
aircraft designers/manufacturers, the regulatory authorities, operators and
maintenance practices will be seen in the course of this Training Course.

ICAO REQUIREMENTS ASSOCIATED WITH AIRWORTHINESS:

Under Article 37 of the Convention, ICAO is obliged to adopt international


standards dealing with the airworthiness of aircraft and the licensing of
operating and mechanical personnel. Under Article 33, certificates of
airworthiness issued by one Contracting State shall be recognised by other
States provided the certificates were issued under requirements which are
equal to or above the minimum standards which may be established from

Page 90 of 187 AFIT. AIR LAW AUGUST.2012


time to time pursuant to the Convention.

ANNEX 8

Annex 8 contains airworthiness technical standards presented as broad


specifications, stating the objectives rather than means of realising those
objectives. In the past, ICAO had attempted to develop supplementary
airworthiness specifications in the form of Acceptable Means of Compliance.

Certificates of Airworthiness

To claim recognition under Article 33, a certificate of airworthiness must


relate to an aircraft which complies with Part 2. There are two acceptable
methods for a State of Registry to certificate an individual aircraft:

1. By issuing a certificate of airworthiness in accordance with the


requirements of Part 2; this includes printing the certificate in a
specified format.

2. By rendering valid a certificate of airworthiness issued by another


State. As an alternative to issuing a national certificate of
airworthiness, a State of Registry may opt to issue a suitable
authorisation e.g a certificate of validity to validate a certificate of
airworthiness issued by another State. The period of validity of the
authorisation must be limited to the period of validity of the certificate
of airworthiness and may be renewed if the validity of the certificate
is renewed.

Continuing Airworthiness
Continuing airworthiness of any aircraft is heavily dependent on the
exchange of service information, which includes defect reporting and
mandatory continuing airworthiness information such as airworthiness

Page 91 of 187 AFIT. AIR LAW AUGUST.2012


directives and ultimate life limits for structural parts. Part Two contains
the following requirements:

1. A State entering a type of aircraft manufactured in another


State on its register for the first time shall advise the
State of Manufacture that it has so entered such a type in
the register.

2. The State of Manufacturer shall then supply mandatory


continuing airworthiness information for the aircraft type to
the State of Registry concerned. This information shall
also be supplied to any other State on request.

3. If the State of Registry itself originates mandatory


continuing airworthiness information for the aircraft type
under consideration, such information shall be supplied to
the State of Manufacture.

Nig.CARs (2009) - Part 5 Airworthiness


Simply, this part (5), establishes the measure to be taken to ensure that
airworthiness is maintained, including maintenance. Part 5 of the Nig.CARs
2009 prescribes the requirements for-

(1) Original certification of aircraft and aeronautical products


(2) Supplemental type certificates;
(3) Issuance of a Certificate of Airworthiness;
(4) Continued airworthiness of aircraft and aeronautical components;
(5) Aircraft maintenance and inspection requirements; and
(6) Maintenance records and entries.

Page 92 of 187 AFIT. AIR LAW AUGUST.2012


ORIGINAL CERTIFICATION OF AIRCRAFT AND AERONAUTICAL
PRODUCTS
Since Nigeria does not have an airworthiness code or presently issue it own
original type certificate, therefore it is neither a state of design nor
manufacture of any civil aircraft. Part 5 of the Regulations presents
regulatory requirements for the continuing airworthiness of aircraft expected
to operate in Nigeria consistent with the standards and recommended
practices (SARPs) in ICAO Annexes 6 and 8.
Nigeria only accepts type certificates based on conditions set in part five the
Nig.CAR, and provides regulation for the continuing airworthiness of aircraft
operating in Nigeria. To effectively maintain airworthiness the Authority is
required to open lines of communication with the State of Design and/or the
State of Manufacture, so that the Authority can receive all safety bulletins
and airworthiness directives for each type of aircraft operating in Nigeria.
The procedural requirements for the acceptance of a type certificate and the
issue of supplemental type certificates prescribed in Nig.CARs 5.3.1.2

ACCEPTANCE OF A TYPE CERTIFICATE


The Authority may accept a type certificate or equivalent document issued
by a state of design in respect of an aircraft or aircraft component if the
type certificate or equivalent document was issued based on an
airworthiness code recognized by the Authority; or The design, materials,
construction equipment, performance and maintenance of aircraft or aircraft
component technical evaluation against a recognized airworthiness code has
been carried out by the Authority and has been found to meet the required
standards of the recognized airworthiness code has compiled with any
recommendations required by the Authority.

Page 93 of 187 AFIT. AIR LAW AUGUST.2012


ISSUANCE OF A SUPPLEMENTAL TYPE CERTIFICATE
The authority may issue a supplementary type certificate to any person who
proposes to alter a product by introducing a major change in type design,
not great enough to require a new application for a type certificate. An
application 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 provided that the State of Registry has
the technical expertise to evaluate the proposed change in accordance with
the type design, must be made. The applicant shall apply in accordance with
the procedures prescribed by that State.
The Authority, upon receiving a request for a supplemental type certificate
for an aircraft registered in Nigeria shall forward the request to the State of
Design.

ISSUANCE OF CERTIFICATES OF AIRWORTHINESS


Nig.CARs 5.4 prescribes procedures required for the issue of airworthiness
certificates and other certifications for aeronautical products registered in
Nigeria.
The Authority shall issue a certificate of airworthiness for aircraft registered
in Nigeria based on satisfactory evidence that the aircraft complies with the
design aspects of the appropriate airworthiness requirements (type certificate)
and is in a condition for safe operation.

It is required that any registered owner of Nigerian registered aircraft, or


agent of the owner, to apply for an airworthiness certificate for that aircraft.
And, application for the airworthiness certificate made in a form and manner
acceptable to the Authority.

Page 94 of 187 AFIT. AIR LAW AUGUST.2012


And, applicant for a Certificate of Airworthiness shall show that the aircraft
has the proper identification plates.

CLASSIFICATIONS OF AIRWORTHINESS CERTIFICATES


(a) A standard Certificate of Airworthiness will be issued for aircraft in the
specific category and model designated by the State of Design in the type
certificate. The types of standard certificates of airworthiness include —
(1) Normal;
(2) Utility;
(3) Acrobatic;
(4) Transport;
(5) Commuter;
(6) Balloon;
(7) Other.

(b) A Special Airworthiness Certificate will be issued for aircraft that do not
meet the requirements of the State of Design for a standard airworthiness
certificate. The types of special airworthiness certificates include-
(1) Primary;
(2) Restricted;
(3) Limited;
(4) Provisional
(5) Experimental
(6) Special flight permits;
(7) Other.

Page 95 of 187 AFIT. AIR LAW AUGUST.2012


ISSUANCE OR VALIDATION OF A STANDARD AIRWORTHINESS
CERTIFICATE
(a) The Authority will issue a standard certificate of airworthiness if-
(1) The applicant presents evidence to the Authority 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;
(2) The aircraft has been inspected in accordance with the performance
rules of set in the regulation (Nig.CARs section 5.6) for inspections and
found airworthy by persons authorised by the Authority to make such
determinations within the last 30 calendar days; and
(3) The Authority Ends after an inspection that the aircraft conforms to type
design and is in condition for safe operation.
(b) The Authority may validate a certificate of airworthiness issued by
another Contracting State upon registration of the aircraft in Nigeria for the
period specified in that validation certificate. The validation certificate shall be
carried with the Certificate of Airworthiness and, together, shall be
considered as the equivalent of a Certificate of Airworthiness issued by the
Authority. The validity of the validation certificate shall not extend beyond the
period of validity of the Certificate of Airworthiness or one year, whichever is
less.

ISSUANCE OF SPECIAL AIRWORTHINESS CERTIFICATES


(a) The Authority may issue a Special Airworthiness Certificate to the aircraft
that does not qualify for a Standard Certificate of Airworthiness.
(b) Aircraft holding Special Airworthiness Certificates shall be subject to
operating limitations within Nigeria and may not make international flights.
The Authority shall issue specific operating limitations for each Special
Airworthiness Certificate.

Page 96 of 187 AFIT. AIR LAW AUGUST.2012


ISSUANCE OF SPECIAL FLIGHT PERMITS
(a) The Authority may issue a Special Flight Permit 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, alterations, maintenance, or inspections
are to be performed, or to a point of storage;
(2) Testing after repairs, alterations, 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.
(b) The Authority may issue a special flight permit with continuing
authorisation issued to an aircraft that may not meet applicable airworthiness
requirements but are capable of safe flight, for the purpose of flying aircraft
to a base where maintenance or alterations are to be performed. The permit
issued under this paragraph is an authorisation, 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 Part 9.
(c) In the case of Special Flight Permits, the Authority shall require a
properly executed maintenance endorsement in the aircraft permanent record
by a person or organisation, authorised in accordance to Part 5, stating that
the subject aircraft has been inspected and found to be safe for the
intended flight.
(d) The operator shall obtain all required over flight authorisations from
countries to be overflown on flights outside Nigeria.

Page 97 of 187 AFIT. AIR LAW AUGUST.2012


DURATION OF CERTIFICATES OF AIRWORTHINESS
(a) A certificate of airworthiness or special airworthiness certificate is
effective as follows unless sooner surrendered, suspended or revoked, or a
special termination date is otherwise established by the Authority-
(1) A Transport Certificate of Airworthiness shall be valid for a period not to
exceed eighteen months, as determined by the Authority. All other standard
Certificates of
Airworthiness shall be valid for a period not to exceed twelve months, as
determined by the Authority.
(2) The validity of a validation certificate issued by Nigeria shall not extend
beyond the period of validity of the Certificate of Airworthiness on which the
Nigerian validation certificate is based, or twelve months, whichever is less.
(3) A special airworthiness certificate, such as a special flight permit, is valid
for the period of time specified in the permit, which in any case shall not
exceed twelve months.
(b) The continuing airworthiness of the aircraft shall be determined by a
periodical inspection at appropriate intervals having regard to lapse of time
and type of service.
(c) Failure to maintain an aircraft in an airworthy condition as defined by the
appropriate airworthiness requirements of the State of Registry shall render
the aircraft ineligible for operations until the aircraft is restored to an
airworthy condition.

COOPERATION AMONG STATES FOR CONTINUING AIRWORTHINESS


INFORMATION, INCLUDING AIRWORTHINESS DIRECTIVES
(a) Upon registration of an aircraft in Nigeria, the Authority will notify the
State of Design of the aircraft of the registration in Nigeria, and request that
the Authority receives any and all airworthiness directives addressing that
aircraft, airframe, aircraft engine, propeller, appliance, or component part and

Page 98 of 187 AFIT. AIR LAW AUGUST.2012


any requirements for the establishment of specific continuing airworthiness
programs.
(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
Authority will make the requirements of such directives apply to Nigerian
registered civil aircraft of the type identified in that airworthiness directive.
(c) The Authority 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 Nigeria.

(d) No person may operate any Nigerian registered civil aircraft to which the
measures of this subsection apply, except in accordance with the applicable
airworthiness directives and service bulletins.

AMENDMENT OF AIRWORTHINESS CERTIFICATE


The Authority may amend or modify a Certificate of Airworthiness or a
special airworthiness certificate upon application from an owner or operator
or on its own initiative.
Amendment may be made under the following conditions:
(1) Alteration (STC or amended TC);
(2) A change to the authority and basis for issue;
(3) A change in the aircraft model; or
(4) A change in the operating limitations for an aircraft with a special
airworthiness certificate.

TRANSFER OR SURRENDER OF A CERTIFICATE OF AIRWORTHINESS


An owner shall transfer a certificate of airworthiness-
(1) To the lessee upon lease of an aircraft within or outside Nigeria.
(2) To the buyer upon sale of the aircraft within Nigeria.

Page 99 of 187 AFIT. AIR LAW AUGUST.2012


An owner shall surrender the certificate of airworthiness for the aircraft to
the issuing Authority upon sale of that aircraft outside of Nigeria that results
in the removal of the aircraft from the Nigerian registry.

CONTINUED AIRWORTHINESS OF AIRCRAFT AND COMPONENTS


Maintaining the airworthiness of aircraft registered in Nigeria whether
operating inside or outside the borders of Nigeria is the responsibility of the
registered owner or operator of an aircraft or, in the case of a leased
aircraft, the lessee, by ensuring that-

- All maintenance which affect airworthiness are performed as prescribed by


the State of Registry;
- Maintenance personnel make appropriate entries in the aircraft maintenance
records certifying that the aircraft is airworthy;
- 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
-In the event there are open discrepancies, the maintenance release includes
a list of the uncorrected maintenance items for which temporary relief is
provided in the MEL and these items are made a part of the aircraft
permanent record.

An aircraft to which an Airworthiness Directive applies, issued either by the


State of Design, or State of Manufacture and adopted for Nigerian-registered
aircraft by the Authority, or by the State of Registry for aircraft operated
within Nigeria, cannot be operated except in accordance with the
requirements of that Airworthiness Directive.
The Authority would report any airworthiness directives or continuing
additional airworthiness requirements that it issues or any malfunction or
defect reports to the State of Design.

Page 100 of 187 AFIT. AIR LAW AUGUST.2012


REPORTING OF FAILURES, MALFUNCTIONS, AND DEFECTS
Owners or operators of aircraft over 5,700 kg maximum take-off weight or of
any aircraft used in a commercial operation shall report to the Authority 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; e.t.c (See Section 5.5.1.4 for detailed list
of reportable failures)
The report required shall-
Be made within 3 days after determining that the failure, malfunction, or
defect required to be reported has occurred.

AIRCRAFT MAINTENANCE AND INSPECTION REQUIREMENTS


No person may operate an aircraft having a Certificate of Airworthiness
issued by Nigeria unless the aircraft and its components are maintained in
accordance with a maintenance program and the aircraft is inspected
according to an inspection program approved by the Authority.
The regulation prescribes that the owner or operator of aircraft should use
one of the following inspection programs as appropriate for the aircraft and
the type of operation.
(1) Annual inspection,
(2) Annual/100 hour inspections,
(3) Progressive, or
(4) Continuous airworthiness maintenance program.

Page 101 of 187 AFIT. AIR LAW AUGUST.2012


PERSONS AUTHORISED TO PERFORM MAINTENANCE, PREVENTIVE
MAINTENANCE, AND ALTERATIONS
(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 Authority may perform preventive maintenance on
any aircraft owned or 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 aircraft maintenance
engineer may perform the maintenance, preventive maintenance, and
alterations that the supervisory aircraft maintenance engineer is authorised 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 aircraft maintenance engineer may perform or supervise the
maintenance or alteration of an aircraft or aeronautical product for which he
or she is rated subject to the limitation of Part 2 of the regulations.
(4) An AMO may perform aircraft maintenance within the limits specified by
the Authority.
(5) The AOC holder may perform aircraft maintenance as specified by the
Authority.
(6) A manufacturer holding an AMO may-
(i) Rebuild or alter any aeronautical product manufactured by that
manufacturer under a type or production certificate;
(ii) 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

Page 102 of 187 AFIT. AIR LAW AUGUST.2012


(iii) Perform any inspection required by Part 8 of the Regulations on aircraft
it manufacturers, while currently operating under a production certificate or
under a currently approved production inspection system for such aircraft.

AUTHORISED PERSONNEL TO APPROVE FOR RETURN TO SERVICE


(a) No person or entity, other than the Authority, 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 alteration, except as provided in the following:
(1) A pilot licensed by the Authority may return his or her aircraft to service
after performing authorised preventive maintenance.
(2) A licensed aircraft maintenance engineer 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 Part 2 of
the Regulations, Section 2.4.4 of the regulations.
(3) An AMO may approve aircraft and aeronautical products for return to
service as provided in the operations specifications approved by the
Authority.
(4) An AOC holder may approve aircraft and aeronautical products for return
to service as specified by the Authority.

PERSONS AUTHORISED TO PERFORM INSPECTIONS


(a) No person, other than the Authority, may perform the inspections
required by Nigerian civil aircraft (Nig.CARs 8.2.1.7) and aeronautical
products prior to or after it has undergone maintenance, preventive
maintenance, rebuilding, or alteration, except as provided in the following:
(1) An aircraft maintenance engineer may conduct the required inspections of
aircraft and aeronautical products for which he or she is rated and current.

Page 103 of 187 AFIT. AIR LAW AUGUST.2012


(2) An AMO may perform the required inspections of aircraft and
aeronautical products as provided in the operations specifications approved
by the Authority.
(3) An AOC holder may perform the required inspections of aircraft and
aeronautical products in accordance with specifications issued by the
Authority.

PERFORMANCE RULES: MAINTENANCE, PREVENTIVE MAINTENANCE,


OR ALTERATION
Any person performing maintenance, preventive maintenance, or alteration on
an aeronautical product is required to use the methods, techniques, and
practices prescribed in-
- The current manufacturer’s maintenance manual or instructions for
Continued Airworthiness prepared by its manufacturer and approved by the
State of Design and/or State of Manufacture; and
- use any additional methods, techniques and practices required by the
Authority; or methods, techniques and practices designated by the Authority
where the manufacturer’s documents were not available; and
- Use the required tools, equipment, and test apparatus necessary to
assure completion of the work in accordance with accepted industry
practices, or
- the methods, techniques, and practices contained in an AOC holders
maintenance control manual and continuous maintenance program, as
approved by the Authority

All maintenance, preventive maintenance, or alteration on an aeronautical


product work shall be done 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

Page 104 of 187 AFIT. AIR LAW AUGUST.2012


aerodynamic function, structural strength, resistance to vibration and
deterioration, and other qualities affecting airworthiness.

MAINTENANCE AND INSPECTION RECORDS AND ENTRIES

CONTENT, FORM, AND DISPOSITION OF RECORDS FOR MAINTENANCE, PREVENTIVE


MAINTENANCE, REBUILDING, AND ALTERATION OF AIRCRAFT AND LIFE LIMITED
PARTS

(a) Each person who maintains, performs preventive maintenance, rebuilds,


or alters an aircraft or life limited parts 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 Authority) of work
performed, including-
(i) The total time in services (hours, calendar time and cycles, as
appropriate) of the aircraft and all life-limited components;
(ii) The current status of compliance with all mandatory continuing
airworthiness information;
(iii) Appropriate details of alterations and repairs;
(iv) Time in service (hours, calendar time and cycles, as appropriate) since
last overhaul of the aircraft or its components subject to a mandatory
overhaul life;
(v) The current status of the aircraft’s compliance with the maintenance
program; and the detailed maintenance records to show that all requirements
for signing of a maintenance release have been met.
(2) Completion date of the work performed;
(3) Name, signature, certificate number, and kind of license held by the
person approving the work. The signature constitutes the approval for return
to service only for the work performed.

Page 105 of 187 AFIT. AIR LAW AUGUST.2012


(b) In addition to the entry required by paragraph (a), major repairs and
alterations shall be entered on a form, and the form disposed of, in the
manner prescribed in the regulations (IS: 5.7.1.1), by the person performing
the work.

CONTENT, FORM, AND DISPOSITION OF RECORDS OF INSPECTIONS


FOR RETURN TO SERVICE
Inspection record entries:
The person approving or disapproving the return to service of an
aeronautical product after any inspection performed in accordance with Part
8 of the Regulations, 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 or component total time in service;
(3) Signature, the license number, and kind of license held by the person
approving or disapproving for return to service the aeronautical product;
(4) lf the aircraft or component is found to be airworthy and approved for
return to service, the following or a similarly worded statement-

"I certify that this aircraft/ component has been inspected in accordance
with (insert type) inspection and was determined to be in airworthy
condition’’

(5) If the aircraft or component 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-

Page 106 of 187 AFIT. AIR LAW AUGUST.2012


‘certify that this aircraft/component has been inspected in accordance with
(insert type) inspection and a list of discrepancies and un-airworthy items
dated (date) has been provided for the aircraft owner or operator and’

(6) lf an inspection is conducted under an inspection program provided for in


Part 8 of the Regulations, 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 Part 8 of the Regulations who notes 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/operator a signed and dated list of those discrepancies.

Page 107 of 187 AFIT. AIR LAW AUGUST.2012


This page is intentionally left blank

Page 108 of 187 AFIT. AIR LAW AUGUST.2012


AIRCRAFT REGISTRATION AND MARKING-Nig.CAR PART 4
Part 4 of the Nig.CARs set forth the requirements for the registration of
aircraft in Nigeria, and the regulations that govern the application of
nationality and registration marks.

GENERAL APPLICABILITY
(a) Nig.CARs part 4 prescribes the requirements for registration and marking
of Civil Aircraft in line with the provisions of the Civil Aviation Act 2006.

(b) Regulatory requirement in part4 does not apply to:

◦ Meteorological pilot balloons used exclusively for meteorological


purposes;

◦ To unmanned free balloons without a payload; or

◦ Nigerian military aircraft.

Some General Definitions:


(1) Common mark. A mark assigned by the International Civil Aviation
Organisation to the common mark registering authority registering aircraft of
an international operating agency on other than a national basis.

(3) Fireproof material. A material capable of withstanding heat as well as or


better than steel when the dimensions in both cases are appropriate for the
specific purpose.

AIRCRAFT REGISTRATION REQUIREMENTS


No person may operate a civil aircraft that is eligible for registration under
the laws of Nigeria unless it has been registered by its owner or operator
under the provisions of the laws of Nigeria and the;

 Authority has issued a certificate of registration (CofA) for that aircraft


which shall be carried aboard that aircraft for all operations.

Page 109 of 187 AFIT. AIR LAW AUGUST.2012


REGISTRATION ELIGIBILITY
(a) An aircraft is eligible for registration if it is-

(1) Owned by:

(i) A citizen of Nigeria,

(ii) An individual citizen of another State who is lawfully admitted for


permanent residence in Nigeria,

(iii) A corporation lawfully organised and doing business under the laws of
Nigeria and the aircraft is based and primarily used in Nigeria,

(iv) A government entity of Nigeria or political subdivision thereof; or

(v) A foreign person who has leased the aircraft to one of the persons
described in paragraphs (i) - (iv) above, provided that:

(A) The aircraft may remain on the Nigerian registry only for as long as the
lease remains in effect; and

(B) The certificate of registration includes the names and addresses of the
lessee and, if different, the operator of the aircraft; and

(2) Not registered under the laws of any other State; and

(3) The aircraft is not more than 22 years old, unless the aircraft is used
exclusively for general aviation purposes.

DEREGISTRATION OF AIRCRAFT

The Authority can remove an aircraft from the Nigerian registry if the owner
of the aircraft does not meet the eligibility standards stipulated above (in
Section 4.2.1.2)

Page 110 of 187 AFIT. AIR LAW AUGUST.2012


AIRCRAFT REGISTRY

As required by the Civil Aviation Act 2006, the Authority maintains an


aircraft registry showing for each aircraft registered by Nigeria the information
recorded on the certificate of aircraft registration.

NATIONALITY AND REGISTRATION MARKS

Nigerian registered civil aircraft shall display nationality and registration


marks. The letter or letters used to identify the aircraft nationality as of
Nigeria shall conform to the requirements outlined in Annex 7 to the
Convention on International Civil Aviation. This is to be followed by a series
of numbers or letters assigned by the Authority.
Permanent marking of aircraft nationality and registration shall-

(1) Be painted on the aircraft or affixed by other means insuring a similar


degree of permanence;

(2) Have no ornamentation;

(3) Contrast in colour with the background;

(4) Be legible, and

(5) Be kept clean and visible at all times.

Each owner shall display on that aircraft marks consisting of the Roman
capital letter "N" preceded by the number five (5), followed by the
registration mark of the aircraft in Arabic numerals, Roman capital letters, or
a combination thereof, assigned by the Authority upon registration of the
aircraft.

E.g 5N-CBG

Page 111 of 187 AFIT. AIR LAW AUGUST.2012


SIZE REQUIREMENTS OF MARKS

(a) Height. The character marks shall be of equal height and on-

(1) Heavier -than -air aircraft shall be at least-

(i) 50 centimetres high if on the wings, and

(ii) 30 centimetres high if on the fuselage (or equivalent structure) and


vertical tail surfaces;

(2) Lighter-than-air aircraft other than unmanned free balloons shall be at


least 50 centimetres high.

(3) Unmanned free balloons shall be determined by the Authority, taking into
account the size of the payload to which the identification plate is affixed.

(b) Width. Characters shall be two-thirds as wide as they are high, except
the number "1" and the letter ‘I’ which shall be one-sixth as wide as it is
high.

(c) Thickness. Characters shall be formed by solid lines one—sixth as thick


as the character is high.

(d) Spacing. The space between each character may not be less than one—
foui1h of a character width.

(e) Uniformity. The marks required by this Part for fixed-wing aircraft must
have the same height, width, thickness, and spacing on both sides of the
aircraft.

LOCATION OF MARKS ON HEAVIER-THAN-AIR AIRCRAFT

(a) The owner of a fixed-wing aircraft shall display the marks once on the
lower surface of the wing structure as follows:

Page 112 of 187 AFIT. AIR LAW AUGUST.2012


(1) They shall be located on the left half of the lower surface of the wing
structure unless they extend across the whole of the lower surface of the
wing structure.

(2) So far as is possible, the marks shall be located equidistant from the
leading and trailing edge of the wings.

(3) The tops of the letters and numbers shall be toward the leading edge of
the wing.

(b) On a heavier than air aircraft with a fuselage (or equivalent structure)
and/or a vertical tail surface, the marks shall appear on either the vertical
tail surfaces or the sides of the fuselage as follows:

(1) lf displayed on the vertical tail surfaces, horizontally on both surfaces of


a single vertical tail or on the outer surfaces of a multi-vertical tail.

(2) lf displayed on the fuselage surfaces, horizontally on both sides of the


fuselage between the trailing edge of the wing and the leading edge of the
horizontal stabilizer.

(3) If engine pods or other appurtenances are located in the area described
in paragraph (b)(2) and are an integral part of the aircraft, the marks may
appear on those pods or appurtenances.

See the location of marks on lighter-than-air aircraft in section 4.3.1.6 of The


Nig.CARs.

SPECIAL CASES FOR SIZE AND LOCATION OF MARKS

If, because of the aircraft configuration or surface size, it is not possible to


mark the aircraft in accordance with this Part 4, the owner may apply to the
Authority for a different procedure.

Page 113 of 187 AFIT. AIR LAW AUGUST.2012


SALE OF AIRCRAFT: REMOVAL OF MARKS

When an aircraft that is registered in Nigeria is sold, the holder of the


certificate of registration shall remove before its delivery to the purchaser, all
nationality and registration marks of Nigeria, unless the purchaser is a
citizen or other legal entity as prescribed.

IDENTIFICATION PLATE REQUIRED

The owner shall affix to each aircraft registered under the laws of Nigeria an
identification plate-

(1) Containing the aircraft type, model, and serial number; and

(2) Made of fireproof metal or other fireproof material of suitable physical


properties; and

(3) Secured to the aircraft in a prominent position, near the main entrance,
or, in the case of an unmanned free balloon, affixed conspicuously to the
exterior of the payload.

SUMMARY OF MARKINGS SIZE

HEIGHT - H -

WIDTH - w - 2/3 of H

THICKNESS- T - 1/6 of H

SPACE - S - 1/4 of W

All aircraft operating in Nigeria is required to be marked.

Page 114 of 187 AFIT. AIR LAW AUGUST.2012


EXIT AND BRAKE-IN MARKINGS
Exit Markings

Whenever a public transport aircraft registered in the country is carrying


passengers, during take-off and landing and during any emergency, every
exit and in internal door in the aircraft shall be kept free of obstruction and
shall not be fastened by locking, or by any other means that could prevent,
hinder or delay its use.
An Exit may only be obstructed by cargo if it is an Exit, which in
accordance with arrangements by the Authority, either generally or in relation
to particular aircraft or class of aircraft is:

i) Not required for use by passengers

ii) A door between the flight compartment and any other be locked or
bolted if the Commander of the aircraft so desires.

Normal exists from the aircraft shall be marked with the word EXIT in capital
letters, and every emergency Exit intended to be used by passengers in an
emergency shall have “EMERGENCY EXIT” in capital letters.

Exits from the aircraft shall be marked in English, and with clear diagram to
indicate the correct method of opening the Exit. These markings will be
placed on or near the inside surface of the door or other closure of the Exit
and if the door can be opened from the outside, on or near the exterior
surface.

BREAK-IN-AREAS

All aircraft operating in Nigeria should be marked on the exterior surface of


its fuselage with markings to show the areas which can, for the purpose of
rescue in an emergency be most readily and effectively broken into by
persons outside the aircraft others are painted around emergency exit
windows on current airliners.

Page 115 of 187 AFIT. AIR LAW AUGUST.2012


These areas must be rectangular in shape and marked by right angled
corner markings, each arm 10 cm (4 in) length outer edges and 2.5 cm (1
in) wide. The words “Cut here or break in area” in capital letter.

If the corner marking are more than 2m apart, intermediate lines 9cm x 3cm
shall be inserted so that there is no more than 2m between adjacent
markings.

Break-in Markings must be, red or yellow in colour, where the background
colour will render the colour markings not readily visible, outline in white to
contrast with the background. See sample marking in fig 2.1 below. (see
Ref: Nig.CAR 7.9.1.10)

Page 116 of 187 AFIT. AIR LAW AUGUST.2012


THIS PAGE IS INTENTIONALLY LEFT BLANK

Page 117 of 187 AFIT. AIR LAW AUGUST.2012


TECHNICAL PUBLICATIONS

Page 118 of 187 AFIT. AIR LAW AUGUST.2012


AIRCRAFT TECHNICAL MANUALS, PUBLICATIONS & DOCUMENTATION

INTRODUCTION:
Over an aircraft’s service life, virtually all of its components are involved in
some form of inspection, preventive maintenance, overhaul, repair or
replacement. Even the beset designed aircraft and components will
occasionally develop defects. A system must be in place that will allow for
the dissemination of technical material from with the Regulatory authority
(state of manufacture or state registration as the case may be) and aircraft
manufacturers to correct these defects. Technical information needed to
correct defect must be available in clear, concise language and organized in
such a way is to be easy for use by the engineer.

This information may be in the form of a technical manual, or it may appear


in notices of potential problems, the development and distribution of this
needed technical information is a responsibility shared by the NCAA
(Regulatory Authority ) and the manufacturer.

The proper use of these publications by the engineer is a must in


maintaining today’s complex aircraft. The detail information necessary to
enable the engineer to carry out maintenance is given in the manual
provided by the manufacturer. We shall start with them.

1.1 MANUALS

The copies of all manuals have to be submitted to the Authority at the time
of application for the initial C of A.
These manuals include those compiled by the manufacturers to cover all the
information and recommendations necessary for the implementation of in -
service maintenance programmes.

Page 119 of 187 AFIT. AIR LAW AUGUST.2012


The method of presenting all vital information plays a very important part,
because not only must it be set out in 'workable' sequence, but also it
should be of a standardised form.
The standard that is making the most notable contribution, basis on its
international acceptance is that produced originally in 1956 by the Air
Transport Association of America with the title 'ATA Specification No. This
was accepted and adopted by the International Air Transport Association
(I.AT.A) as the standard to be used by their member airlines, as a basis
for international standardisation of manuals, spare parts catalogues,
overhaul and repair manual, etc.

Types of Manufacturer’s Manual includes;

Aircraft Maintenance Manual (AMM)


Illustrated Part Catalogue (IPC)
Fault Isolation Manual (FIM)
Overhaul Manual
Structure Repair Manual (SRM)
Wiring Manual
Training manual
Component maintenance manual etc.

THE A.T.A 100 SYSTEM


Prior to the introduction of ATA 100, the presentation of technical data in
the manufacturer’s manuals was not laid out to any standardised format.
Consequently, for example, TOWING was found in chapter 9 of the Vicker’s
manual, but in the De Haviland manual, it was a different chapter. This
meant confusion, time wasting, and inconveniences for operators working
with different type aircraft.

Page 120 of 187 AFIT. AIR LAW AUGUST.2012


With the introduction of the ATA 100 standard, a particular subject could be
found in the same chapter irrespective of the aircraft manufacturer – Airbus,
Boeing, Fokker, etc.

Every chapter in each manual for all aircraft will have an unchanging
chapter number and title. The chapter numbers are grouped under headings,
the order of which is largely alphabetical.

The chapters listed below do not necessarily occur in all manuals – for
example, chapters 5 to 10 will be in the AMM only.

Chapters:

Chapter Chapter
For Operator Use only STRUCTURES
Reserve for Airline use 1-4 Unassigned 50
Structures – General 51
AIRCRAFT GENERAL Doors 52
Time Limits/Maintenance Checks 5 Fuselage 53
Dimensions & Chart 6 Nacelles/Pylons 54
Lifting & Shoring 7 Stabilisers 55
Levelling & Weighing 8 Windows 56
Towing & taxiing 9 Wings 57
Parking & Mooring 10 Unassigned 58-59
Required Placards 11
Servicing 12
Unassigned 13-19
Standard Practices – Airframe 20

Page 121 of 187 AFIT. AIR LAW AUGUST.2012


AEROPLANE SYSTEMS PROPELLER
Air Conditioning 21 Standard Practice 60
Auto Flight 22 Unassigned 61
Communication 23 Propeller 62-64
Electrical Power 24 Rotor s 65
Equipment/Furnishings 25 Unassigned 66-69
Fire Protection 26
Flight Controls 27 POWER PLANT
Fuel 28 Standard Practices – Engine 70
Hydraulic Power 29 Power Plant 71
Ice & Rain Protection 30 Engine 72
Instruments 31 Engine Fuel & Control 73
Landing Gear 32 Ignition 74
Lights 33 Air 75
Navigation 34 Engine Controls 76
Oxygen 35 Engine Indicating 77
Pneumatic 36 Exhaust 78
Water/Waste 38 Oil 79
Unassigned 39-48 Starting 80
Airborne Auxiliary Power 49 Turbine 81
Water Injection 82
Accessory Gearbox 83
Unassigned 84-89

GENERAL
Unassigned 90
Charts 91

Sections:
Each chapter is broken into SECTIONS. Each section deals with a subject
area within its chapter e.g. section 10 of chapter 73 deals with “distribution”
and is written as 73 – 10.

Subjects:
Each section is divided into subjects e.g. Subject 41 section 10, Chapter 73
deals with “Fuel Pumps” and is written 73-10-41.

Page 122 of 187 AFIT. AIR LAW AUGUST.2012


Composition
The three elements discussed above – Chapter, Section, and Subject are
each made up of 2 digits and go to make up the ATA 100 page numbering
system. .e.g.

73-10-41

73 - 10 - 41

CHAPTER SECTION SUBJECT


ENGINE FUEL DISTRIBUTION HP FUEL PUMP&
CONTROL

Page Numbering (topics):

In addition to the “three element” system, the subjects are further broken
down in order to provide “topics”. This makes for easier referencing.

The system uses standard page numbering but the numbers are grouped in
blocks.

TOPIC PAGE BLOCKS

Description and operation 1 to 100


Trouble shooting 101 to 200
Maintenance practices 201 to 300

Page 123 of 187 AFIT. AIR LAW AUGUST.2012


Each topic is made up of several sub-topics. i.e, “Maintenance practices” is
made up of the following sub-topics: Servicing; Removal/ installation;
Adjustments/tests; Inspection/checks; Cleaning/ painting; Approved repairs.

Where the sub-topics are brief, they will all be dealt with under the topic
heading “Maintenance Practices” and found in page block number 201 – 300.

Where the sub- topics are lengthy and their combination would require many
pages, then each sub – topic is treated as a topic.

The Standard page numbering would then be as follows:

TOPIC PAGE BLOCK

Servicing 301 – 400


Removal/installation 401 – 500
Adjustment/test 501 – 600
Inspection/check 601 – 700
Cleaning/painting 701 – 800
Approved repairs 801 – 900

The “three element number” together with the page number will appear on
the bottom right hand corner of each page, e.g.

Page 124 of 187 AFIT. AIR LAW AUGUST.2012


73-10-41
Page 203

Overhaul Manual

TOPIC PAGE BLOCK

Description and Operation 1 to 100


Disassembly 101 to 200
Cleaning 201 to 300
Inspection/check 301 to 400
Repair 401 to 500
Assembly 501 to 600
Fits and Clearances 601 to 700
Testing 701 to 800
Trouble shooting 801 to 900
Storage instructions 901 to 1000
Special tools, Fixtures and equipment 1001 to
1100
Illustrated parts list 1200 to 1201

Page 125 of 187 AFIT. AIR LAW AUGUST.2012


Amendments:

Manufacturers review their manuals frequently, and in the light of experience,


modifications, etc, issue amendments as required.

Holders of manuals are responsible for ensuring that their copies are kept
up to date. Users of manuals are also responsible for ensuring that they are
up-to-date before issuing any certification (CRS)

Amendments for books are issued on:

Yellow paper – temporary


White paper – permanent

They are also accompanied by a “Letter of Transmittal” on which the issuer


certifies the accuracy of the information and gives instructions as to what to
do. Holders should check authenticity of these ‘letters’.

MAINTENANCE MANUALS
A manufacturer’s maintenance manual is the primary reference tool for
aviation maintenance engineer working on the aircraft. It is the most
frequently used by the engineer. Generally airframe maintenance manual
covers an aircraft and all of the equipment installed on it when it is in
service.
Powerplant maintenance manual, on the other hand, covers areas of the
engine that are not dealt with in the airframe manual.

Page 126 of 187 AFIT. AIR LAW AUGUST.2012


Maintenance manual (Aircrafts’ and Engines’) provide information on routine
servicing, system descriptions and functions, handling procedures and
component removal and installation. In addition, these manuals contain
basic repair procedure and troubleshooting guides for common malfunctions.

STRUCTURAL REPAIR MANUALS


These contain all necessary instructions and data for the
repair of the primary and secondary structure of an aircraft.
The repairs are based upon the designed stress applications
with normal margin of safety similar to the requirements for
the original construction.

In ATA 100 format, the chapters and their numbers are arranged
in the same sequence as those in the structure group of a
maintenance .manual.
Information on structural repair methods for many small types
of aircraft is normally embodied in the appropriate maintenance
manual.

WIRING DIAGRAM MANUALS


These illustrate all wiring connections, and locations of
components, circuit protection devices, etc, relevant to all
electrical systems within an aircraft.

They are drawn in such a manner that they enable servicing,


inspections, checks, and troubleshooting to be carried out in
an efficient and systematic manner.

In diagrams of complex systems, the internal circuits of


components may also be indicated, usually in logic symbol form.

Page 127 of 187 AFIT. AIR LAW AUGUST.2012


The numbering of the diagrams corresponds to the standard
numbering .system adopted for maintenance manual ·chapters.

The introductory section of a wiring diagram manual includes


tables of electrical and electronic symbols, details of wire
and connector specifications and methods of interpreting
terminal and cable identification schemes adopted by the
manufacturer.

A statement is also included declaring. the aircraft and


electrical systems status assembly the diagrams, for example,
whether the aircraft is on the ground or in flight, whether
electrical power is switched on or off.

Instructions for such maintenance practices as terminating


wires, assembly of connectors, splices etc, are given in a
separate chapter entitled "Standard Practices".

ILLUSTRATEP PARTS CATALOGUE


As its title suggests, this document is intended for use in the identification
and requisitioning of replaceable parts and
units, and since it is a companion document to the maintenance
manual, the information is related to the parts and units for
which 'Maintenance Practices' coverage has been provided.

The illustrations are drawn in perspective to accurately show:


the assembly/disassembly relationship of parts, where parts are replaceable
within units or sub-assemblies of systems,
exploded views of such units and assemblies are drawn.

Page 128 of 187 AFIT. AIR LAW AUGUST.2012


The location of the parts and sub-assemblies in relation to the
complete aircraft is also indicated by an inset location
diagram.

CASSETTE/CD ROM SYSTEMS


Used by many organisations instead of hard copy manuals. They are usually
used with a PC, laptop, or similar computer incorporating a CRT screen and
printer. This allows the user to review the pages (ATA 100) on the screen
and print whatever hard copies he/she wishes to use at the work location.
Storage space is considerably reduced (the CD/Cassette can be put away in
a drawer whilst manuals for a large aircraft will take- up a lot of shelf
space). Hard copies (from the printer) obtained by this system are usually
used once only, and therefore, handling damage/deterioration is not a
problem as with hard copy manuals.

Amendments are carried out by the issue of a new CD/Cassette.

Each CD/Cassette must be clearly marked as to its amendment state and


more recent amendments must be recorded and kept in a folder which
should be kept next to the viewer.
Engineers using this system must ensure that they have checked both the
CD/Cassette and folder to ascertain the correct amendment state. For some
manufactures, access can be obtained only after inputting the operator’s
access code and user code, for others, access codes are not required.

Check your company’s system. Manufactures produce their own systems


which may require that users are trained in their use.

Page 129 of 187 AFIT. AIR LAW AUGUST.2012


MANUFACTURER’S OPERATING PUBLICATIONS
The manufacturers produce technical publication that are required for the
operation of an aircraft, while such publications are primarily intended for
flight crew members, the engineer must be familiar with the aspect of these
publications that are related to the maintenance and inspection of an aircraft.
These operating publication includes; The Approved Flight Manual and
Minimum Equipment list.

SERVICE BULLETINS
Part of the manufactures required responsibility is to continue to
provide information that will ensure that the aircraft is safe for
operation ever when it is in service with the owners.
The medium used by manufactures to communicate with owners and
operators is the service bulletin. Service Bulletin are issued to notify
others of design defects, possible modifications, or a change in
approved maintenance on special inspections or checks that are
needed to maintain the aircraft, engine, or accessory in safe operating
condition.
Service Bulletin is of two types:-
a) Natural Service Bulletin (Optional)
b) Alert Service Bulletin (Mandatory)

Alert Service Bulletins are issued by the manufacture or matters


requiring the urgent attention of the operator and are generally limited
to items affecting safety.
Compliance with Service Bulletins is generally considered voluntary by
the Aviation operator. The NCAA (or CAA, FAA, EASA) may make
the service bulletin mandatory by incorporating it into an airworthiness
directive. The NCAA has made on the operator, an AD issued by the

Page 130 of 187 AFIT. AIR LAW AUGUST.2012


state of manufacturer on any aircraft registered in Nigeria; compliance
of such AD will be mandatory on Nigerian registered aircraft.
A service bulletin may also be made mandatory by requiring its
compliance in the inspection programmes that are being used.
Most engine components overhaul procedure requires compliance with
service bulletins when the unit is overhauled. Service bulletin are
usually mailed to registered operators who subscribes to it.

Normal Service Bulletins on the other hand are issued when an alert
bulletin is not required.

Type certificate data sheet


The regulatory Authority of the state of manufacturer e.g FAA, EASA
etc. prescribes the minimum standard, in its airworthiness code,
governing the design, materials, workmanship, construction and
performance of aircraft, aircraft engine, and propellers. When an
aircraft, engine or propeller meets or exceed these requirements; it is
issued with a type certificate.
The type certificate consists of the type design, the operating
limitations, the type Certificate Data Sheet and the applicable
regulations with which the National Aviation Authority requires
compliance. (see copy.)

ADVISORY CIRCULAR (AC)


The NCA issues Advisory Circulars (ACs) to inform the aviation
community, in a systematic way, about non-regulatory information of
interest. Many of the regulations may be complex and requires
additional explanation. As a result, the NCAA issues advisory
circulars to inform, explain and provide further guidance.

Page 131 of 187 AFIT. AIR LAW AUGUST.2012


Unless the AC is incorporated into an NCAR, its content are not
binding on the public, they cannot be used as approved data unless
incorporated into the regulations or an airworthiness directive.

Advisory Circular also provides advice to the industry that will assist
them in applying to the NCAA for the issue of licenses, certificates,
approvals etc. ACs’ are publicly available (on the internet). For ease
of use ACs are grouped into four areas: General; personnel licensing;
operations; and airworthiness. One of the most popular AC for
maintenance, issued by the FAA is the AC43 series. AC43.13-1B and
2B provides acceptable methods, techniques and practices. You can
find a copy in the College’s technical library.

AIRWORTHINESS DIRECTIVES (AD)


When an unsafe condition exists with an aircraft, engine propeller, or
accessory, the NCAA issues an Airworthiness Directive (AD) to notify
concerned parties of the condition and describe the appropriate
corrective action. No person may operate an aircraft to which an AD
applies, except in accordance with the requirements of that AD.

The information provided in an airworthiness directive is considered


approved data for the purpose of the AD. The compliance record for
ADs must be centered into the aircraft’s permanent records. All Ads
are published in the same basic format with seven main sections:
identification and amendment numbers, statement of applicability,
statement of methods of compliance, additional information and the
effective date of the AD.

Page 132 of 187 AFIT. AIR LAW AUGUST.2012


THIS PAGE IS INTENTIONALLY LEFT BLANK

Page 133 of 187 AFIT. AIR LAW AUGUST.2012


MAINTENANCE PROCEDURE MANUAL (MPM)

The maintenance procedure manual (MPM) is a maintenance


organization(AMO) document that defines the administration and management
structure, organization capability, processes and general performance
procedures and commitment to comply with the regulatory requirement on
civil aircraft maintenance.

It explains in detail the maintenance organisation responsibilities, regulatory


processes, and methods the organization employs to satisfy and maintain the
regulatory requirements.

The MPM defines the maintenance organization structure, quality system


management, maintenance activity coordination, duties, responsibilities,
qualification and training requirements of technical personnel. It states the
organization maintenance capability, scope and competency.

This document is expected to be raised by the organisation before it can be


approved as a Maintenance organisation by the NCAA.

MAINTENANCE CONTROL MANUAL (MCM)


With reference to Nig.CAR 9.3.2.4 an AOC holder is required to provide to
the NCAA, and the state of registry or the aircraft, if different from the
NCAA, an AOC holder’s maintenance control manual (MCM) and subsequent
amendments, for the use and guidance of maintenance and operational
personnel concerned, containing details of the organisation’s structure.

The MCM is the air operator’s maintenance organisation exposition. It states


the organization management team and the organization commitment to

Page 134 of 187 AFIT. AIR LAW AUGUST.2012


comply with the regulatory requirement and to maintain the standards
established during the approval certification process.
It explains in detail the operator’s maintenance responsibilities, functions and
obligations.
It further explains the regulatory processes, methods, procedures and
capabilities the operator employs to satisfy these regulatory requirements.

Page 135 of 187 AFIT. AIR LAW AUGUST.2012


CERTIFICATION OF MAINTENANCE/RELEASE PROCEDURES

In accordance with the part 5 (5.5.1.2(3)) of the Nig.CARs, when an


authorized person or organisation satisfactorily completes inspections and all
other maintenance tasks necessary to ensure on-going airworthiness
standards of aircraft, it is required to make declarations to this effect before
an aircraft can be released back to service.
Such declarations are prescribed on appropriate Certificates, and once
signed by the approved signatories, they become legally binding documents
within the meaning of the regulations. A job is not finished until the paper
work is completed.
The appropriate Certificates are:
 Certificate of Release to Service (CRS)

 Certificate of Release to Service and Maintenance statement (CRS


& MS)

Certificate of release to service (CRS) (Maintenance release)


 Used by the engineer to certify that quality of the work he/she
completed or the checks carried out, and that the materials/parts used
are of approved quality.

 A maintenance release shall contain a certification including-


(1) Basic details of the maintenance carried out;
(2) Date such maintenance was completed;
(3) When applicable, the identity of the approved maintenance
organisation, AME, or AOC holder; and
(4) The identity of the person or persons signing the release.

Page 136 of 187 AFIT. AIR LAW AUGUST.2012


 The wording of the certificate signed by the appropriate type rated
licensed engineer or other NCAA approved person is as follows;

“It is hereby certified that the work signed above except as


otherwise specified was carried out in accordance to the requirement
of Nigerian CAR – Part 6 and the appropriate aircraft maintenance
programme and in respect to that work, the Aircraft/Equipment is
considered approved for release to service”
Signature
Licence No./NCAA Approval ref.:
Firm:
Date:
 The certificate should include the reference to any life/overhaul
limitations in terms of date/flying hours/circles etc. and reference to
any store release note {SRN’s) as appropriate.

CRS is required:
 when any part of an aircraft or its equipment has been overhauled,
repaired, replaced or modified , and when any mandatory inspection
has been completed ( but not scheduled check items)

 Whenever any schedule maintenance inspection (SMI) which recurs at


periods stated in the AMS has been completed. For example 100Hrs
check or Annual checks etc.

Those permitted to sign CRS, Subject to documentation and procedures


training are:
1. Appropriately Licensed AME
2. Approved Organisation (engineer as authorised by the
authorisation documents by the AMO).

Page 137 of 187 AFIT. AIR LAW AUGUST.2012


3. An AOC holder (engineer as authorised by the authorisation
documents by the AOC)
4. Licensed Pilot authorised to issue CRS for his/her aircraft
following a preventive maintenance. (Nig.CARs 5.6.1.4)

Retention of CRS:
 Private and Aerial work Aircraft; the document must be kept by the
operator for at least 2years after aircraft/equipment to which they
relate have been destroyed or totally withdrawn from service.

 CAT Aircraft; retained by operator for 2years after expiry. For example,
for a check D, documents retained for 2yrs after next check D is due.

Certificate of Release to Service and Maintenance Statement (CRS & MS)


Issued following a completion of a scheduled maintenance recorded in the
maintenance programme, to certify that, on a particular date or check cycle,
all the appropriate maintenance on a particular aircraft has been completed.
Signatories:
As stated in the AMS Approval Document (Nominated in Company
Expositions).
1. Type rated licensed engineers with IA.
2. An AMO (Appropriately authorised Certifying staff).
3. An AOC (Appropriately authorised Certifying staff).

Copies required:
One on the aircraft and one in records. They must be retained by the
operator for 2years from the date of issue.

Note: `A job is not finished until the paperwork is completed'

Page 138 of 187 AFIT. AIR LAW AUGUST.2012


Certificate of Fitness for Flight
Required for ‘special flight permit’
This is required before an aircraft can be permitted to fly to base where
repair or alteration is to be carried out, testing after repair, and evacuating
aircraft from impending danger. The certificate, which is duplicated, one
carried on the aircraft; has specific form.

Duplicate Inspection:
Duplicate Inspection is one that applies to all vital points and control system
in an aircraft, and is inspection carried out whenever aircraft flying or engine
controls or vital points have been disturbed.
It is required to be carried out after initial assembly and before the first flight
after overhaul, repair, replacement, modification or adjustment.
It is an inspection that is first made and certified by one qualified person,
and subsequently independently made and certified by a second qualified
person.

Take particular note of this and also of the following definitions:


 Vital Point

Any point on an aircraft at which single malassembly could lead to


catastrophe, i.e., result in loss of an aircraft and/or fatalities.
 Control System

One by which the flight path, attitude propulsive force of an aircraft is


changed. Including, the flight, engine, propeller controls and the
associated operating mechanism.

Page 139 of 187 AFIT. AIR LAW AUGUST.2012


Sample of Engine log book form

Page 140 of 187 AFIT. AIR LAW AUGUST.2012


Sample of CRS & MS

MAINTENANCE RECORDS RETENTION


Except for records maintained by an AOC holder, each registered owner or
operator shall retain the following records until the work is repeated or
superseded by other work of equivalent scope and detail, or for one (1) year
after the work is performed:
(a) Records of the maintenance, preventive maintenance, minor
modifications, and records of the annual and other required or approved
inspections, as appropriate for each aircraft, including the airframes, and
each engine, propeller, rotor, and appliance of an aircraft to include:
(i) a description or reference to data acceptable to the Authority, of the work
performed,
(ii) the date of completion of the work performed; and
(iii) the signature and certificate number of the person releasing the aircraft
to service.

Page 141 of 187 AFIT. AIR LAW AUGUST.2012


(b) Records containing the following information:
(i) the total time-in-service of the airframe, each engine, each propeller, and
each rotor.
(ii) the current status of all life-limited aeronautical parts;
(iii) the time since last overhaul of all items installed on the aircraft which
are required to be overhauled on a specified time basis;
(iv) the current inspection status of the aircraft, including the time since the
last inspection required by the maintenance programme under which the
aircraft and its appliances are maintained.

TRANSFER OF MAINTENANCE RECORDS


Any owner or operator who sells or leases a Nigerian registered aircraft
shall transfer to the purchaser or lessor, at the time of sale or lease, the
records of that aircraft identified in this Part, in plain language form or in
coded form at the election of the purchaser or lessor if the coded form
provides for the preservation and retrieval of information in a manner
acceptable to the Authority

Page 142 of 187 AFIT. AIR LAW AUGUST.2012


AIRCRAFT MAINTENANCE PROGRAMME
Maintenance is 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 an
alteration or repair. Basically this is concerned with keeping the whole
aircraft in an airworthy condition, and is a requirement of the Authority. The
C of A is valid only as long as the aircraft is 'properly maintained.

Most maintenance is "scheduled" in accordance with a maintenance


programme which has been approved by the NCAA. It is carried out with
the express purpose of limiting the amount of defects that might occur
during normal operations. It is therefore preventative.

APPROVED MAINTENANCE PROGRAME:


Is a document which describes the specific scheduled maintenance task,
their frequency of completion and related procedures. E.g is the reliability
programme.

The maintenance program includes a description of the aircraft and


components and recommended methods for the accomplishment of
maintenance tasks. The maintenance program also includes the maintenance
tasks and the recommended intervals at which these tasks are to be
performed.
Maintenance tasks and frequencies that have been specified as mandatory
by the State of Design in approval of the type design shall be identified in
the maintenance program.
The maintenance program should contain the maintenance release process,
including signed documentation, indicating that the maintenance performed
has been completed satisfactorily.

Page 143 of 187 AFIT. AIR LAW AUGUST.2012


The requirement of an approved maintenance program applies to all aircraft
registered in Nigeria that are in the general aviation category or shall
engage in commercial air transportation.

For general aviation category aircraft, at C of A issuance, all operator are


required to present maintenance program to the Authority for approval for
the aircraft.

While, for AOC it is required that during the aircraft certification process the
operator presents the maintenance program applicable to the aircraft in
question to the Authority for approval.

Maintenance responsibility:
It is the responsibility of the air operator to ensure that airworthiness of the
aircraft and the serviceability of both operation and emergency equipment by
carrying out maintenance on the aircraft in accordance with approved
maintenance program.
It is recommended that air operator utilized relevant, current manufacturer’s
recommended maintenance process.

The registered owner or operator of an aircraft is responsible for maintaining


that aircraft in an airworthy condition, including compliance with all
airworthiness directives.

The owner or operator shall use one of the following inspection programs as
appropriate for the aircraft and the type operation:
(1) Annual inspection;
(2) Annual/100 hour inspection;

Page 144 of 187 AFIT. AIR LAW AUGUST.2012


(3) Progressive; or
(4) Continuous airworthiness maintenance program.

1. ANNUAL INSPECTIONS
(a) An annual inspection programme may be used for non-complex aircraft
with a maximum certificated take-off mass of less than 5,700 kg that are not
used for compensation or hire.
(b) An annual inspection may be performed and issue approval for return to
service by an AME holding an IA in accordance with Part 2 of the
regulations or an AMO.

2. ANNUAL/100 HOUR INSPECTIONS


(a) Can be used on a non-complex aircraft with a certificated maximum
take—off mass less than 5,700 kg carrying any person (other than a
crewmember) for compensation or hire, -
(b) The 100—hour limitation may be exceeded by not more than 10 hours
while en route to reach a place where the inspection can be done. The
excess time used to reach a place where the inspection can be done must
be included in computing the next 100 hours of time in service.
(c) An annual inspection under this paragraph may be performed and
released to service by an AME holding an IA in accordance with Part 2 of
the regulations or an AMO.
(d) A 100 hour inspection under this paragraph may be performed and
released to service by an AME, an AME holding an IA in accordance with
Part 2 of the regulations or an AMO.

3. PROGRESSIVE INSPECTIONS
(a) A progressive inspection programme may be used for aircraft with a
maximum certificated take-off mass of less than 5,700 kg.

Page 145 of 187 AFIT. AIR LAW AUGUST.2012


(b) Aircraft inspected under a progressive inspection programme may be
used for aircraft engaged in compensation or hire.

4. CONTINUOUS AIRWORTHINESS MAINTENANCE INSPECTION


(a) The registered owner or operator of each large aeroplane certificated
with a maximum take-off mass of over 5,700 kg., turbine-powered multi-
engine aeroplane, and turbine—powered rotorcraft shall select, identify in the
aircraft maintenance records, and use one of the following continuous
airworthiness maintenance inspection programmes for the inspection of the
aircraft-
(1) A current inspection programme recommended by the manufacturer;
(2) A continuous airworthiness maintenance programme for that make and
model of aircraft currently approved by the Authority for use by an AOC
holder; or
(3) Any other inspection programme established by the registered owner or
operator of that aircraft and approved by the Authority.

MAINTENANCE PHILOSOPHIES (PROCESS)


The three primary maintenance process utilized by maintenance programmes
are:
 Hard Time

 On-condition

 Condition monitoring process

All large aircrafts must be maintained to a programme in which condition


monitoring is the ‘controlling activity’. It is reliability Monitored.

Page 146 of 187 AFIT. AIR LAW AUGUST.2012


If failure is likely to be “critical” to aircraft safe operation the maintenance
schedule must deal with it before it becomes critical. In this case, it must
“be preventive”. These critical items are dealt with either “Hard time
maintenance” or “On Condition maintenance”.
Three processes are recognised in respect of what may be termed primary
maintenance of aircraft, and they are: “Hard Time”, “On-Condition” and
“Condition Monitoring”.
In general terms, Hard Time and On-Condition both involve actions directly
concerned with preventing failure, whereas Condition Monitoring does not.
However the Condition Monitoring process is such that any need for
subsequent preventative actions would be generated from the process.
Hard Time
This is a preventative process in which known deterioration of an item
is limited to an acceptable level by the maintenance actions which are
carried out at periods related to time in service (e.g. calendar time,
number of cycles, number of landings). The prescribed actions
normally include servicing and such other actions as overhaul, partial
overhaul, replacement in accordance with instructions in the relevant
manuals, so that the item concerned (e.g. system, component, portion
of structure) is either replaced or restored to such a condition that it
can be released for service for a further specified period.

On Condition
This also is a preventative process but one in which the item is
inspected or tested, at specified periods, to an appropriate standard in
order to determine whether it can continue in service (such an
inspection or test may reveal a need for servicing actions). The
fundamental purpose of On-Condition is to remove an item before its
failure in service.
It is not a philosophy of “fit until failure” or “fit and forget it”.

Page 147 of 187 AFIT. AIR LAW AUGUST.2012


Condition Monitoring
This is not a preventative process, having neither Hard Time nor On-
Condition elements, but one in which information on items gained from
operational experience is collected, analyzed and interpreted on a
continuing basis as a means of implementing corrective procedures.
In other words it is a statistically controlled process.

The Condition Monitored Maintenance Programme-(reliability centred)


A maintenance programme which provides for the application of Hard
Time, On-Condition and Condition Monitoring is known as a Condition
Monitored Maintenance Programme.
The programme has two basic functions. Firstly, by means of the
statistical reliability element, to provide a summary of aircraft fleet
reliability and thus reflect the effectiveness of the way in which
maintenance is being done. Secondly, to provide significant and timely
technical information by which improvement of reliability may be
achieved through changes to the programme or to the practices for
implementing it.

A properly managed programme will contribute not only to continuing


airworthiness, but also to improvement of fleet reliability, to better long
term planning, and to reduced overall costs.

Page 148 of 187 AFIT. AIR LAW AUGUST.2012


DOCUMENTS REQUIRED TO BE CARRIED ON THE AIRCRAFT
Nig. CARs requires that the following documents must be carried on the
aircraft.

In commercial air transport In general aviation or Aerial work air


operations: transport operations:
(1) Certificate of Aircraft Registration (1) Certificate of Aircraft Registration
issued to the owner. issued to the owner.
(2) Certificate of Airworthiness. (2) Certificate of Airworthiness.
(3) Aircraft Journey Log. (3) Aircraft Journey Log.
(4) Aircraft Radio License. (4) Aircraft Radio License, for
(5) List of passenger names and international flights.
points of embarkation and (5) List of passenger names and
destination, if applicable. points of embarkation and
(6) Cargo manifest including special destination, if applicable.
loads information. (6) Cargo manifest including special
(7) Aircraft Technical Log. loads information.
(8) A certified true copy of the AOC, (7) The appropriate licences for
if applicable each member of the flight crew.
(9) Noise Certificate, if required. (8) Copy of the release to service, if
(10) AFM or RFM, for aeroplanes or any, in force with respect to the
helicopters. aircraft, or technical log, as
(11) Part(s) of the Operations Manual applicable.
relevant to operation(s) conducted. (9) Noise certificate, if required.
(12) MEL. (10) AFM or RFM, for aeroplanes or
(13) The appropriate licences for helicopters.
each member of the flight crew. (11) Category ll or lll Manual, as
(14) Copy of the release to service, applicable.
if any, in force with respect to the (12) Operational Flight Plan, for all
aircraft. international flights.

Page 149 of 187 AFIT. AIR LAW AUGUST.2012


(15) A certified true copy of the (13) NOTAMS briefing documentation.
insurance certificate (14) Maps and charts for routes of
proposed flight or possibly diverted
E.t.c (ref: 8.2.1.8(a)) flights.
(16) For international flights, a
general declaration for customs.
(17) Aerial work certificate for aerial
work operators.
E.t.c (ref: Part 8.2.1.8 (b))

Page 150 of 187 AFIT. AIR LAW AUGUST.2012


MODIFICATION PROCEDURES

An aircraft manufacturer will initially design and build the aircraft to a


specification as agreed by the regulatory body in that state where design
was done. For instance, if an aircraft was built in America, it must be to an
approved specification by the FAA. The aircraft will then gain its type
certificate from the regulatory body. It will then be permitted to fly, provided
it is maintained in accordance with the approved maintenance schedule. If
any change is made to the design of the aircraft or its components, the
aircraft is obviously different from the specification. This change will be
deemed to be a modification that will therefore require the approval of the
design authority. Modifications will be required for various reasons:

 A change of some sort is required, generally to improve reliability,


accessibility or possibly to meet an operational need. The operator will,
therefore, raise a modification to suit their requirements.

 A manufacturer brings out a modification, which is considered to be an


improvement to the aircraft or component. Generally the manufacturer
will need to get the modification approved by the Responsible Authority.
Manufacturers' modifications will be classified either as mandatory or non-
mandatory. If mandatory, the aircraft operator must incorporate the
modification. If non-mandatory or recommended, its embodiment will be at
the discretion of the operator. If the modification affects the safety of the
aircraft, it will always be declared mandatory.

 The Responsible Authority may decide an improvement is necessary and


will request a manufacturer to produce a modification to make the
improvement.

Page 151 of 187 AFIT. AIR LAW AUGUST.2012


Classification of modification

Modification can be classified as either Major or Minor modification.

Major. A major modification means a type design change not listed in the
aircraft, aircraft engine or propeller specifications:

- That might appreciably affect the mass and balance limits, structural
strength, performance, powerplant operation, flight characteristics or
other qualities affecting airworthiness or environmental characteristics;

- That will be embodied in the product according to non-standard


practices.

Major modification will require investigation by the design Authority or the


state of registration if different, because they will affect performance,
handling or limitations and therefore necessitate amendment of the
flight/operation manual.

The originator, usually a Primary Company, applies to the Authority, and


sends the Certificate of Design for the modification and any other
appropriate documents for approval. After the required investigation, the
Authority, if satisfied signifies its approval by the issue of an Airworthiness
Approval Note (AAN).

Minor. A minor modification means a modification other than a major


modification.

Page 152 of 187 AFIT. AIR LAW AUGUST.2012


Design modifications

As stated earlier, the regulatory authority must approve a modification. We


will now look at the procedure by which a modification is approved.
The Nigeria CARs presumes that Nigeria is not yet a state of Manufacture
or design. However, for aircraft registered in Nigeria, major repair or
alteration must be done in accordance with the technical data approved by
the National Aviation Authority (NAA) of the state of design. IS 5.7.1.1 of the
Nig.CARs requires an applicant for a major modification or repair to make a
formal request to the Authority on an appropriate form including, but not
limited to, the following information:
a) All supporting data from the state of Design;
b) Reason for the modification – briefly state the reason;
c) Detailed description of the proposed modification;
d) A master drawing list detailing the individual drawings and
specifications which defines the modification;
e) Drawings and instructions necessary for the installation of the
modification;
f) Submission of approved maintenance schedule amendment;
g) Testing procedures or methods to meet certification and operating
rules, such as flammability, carbon monoxide, and noise
requirements.
h) Test procedures, to ensure that they include all tests necessary to
substantiate that

The Nigeria Civil Aviation Regulation requires that an applicant for a major
modification or repair to make a formal request to the authority on the
appropriate form including, but not limited to the following information;

1. All supporting data from the state of design

Page 153 of 187 AFIT. AIR LAW AUGUST.2012


2. Reason for the modification
3. Detail description of the modification
4. A master drawing list detailing the individual drawings and
specifications which define the modification
5. Drawings and instructions necessary for the installation of the
modification;
6. Submission of approved Maintenance Schedule amendment;
7. Testing procedures or methods to meet certification and operating
rules, such as flammability, carbon monoxide, and noise requirements;
8. Test procedures, to ensure that they include all tests necessary to
substantiate that the modification meets applicable certification
requirements and are appropriate to the modification;
9. Flight test requirements: Performance and handling test
requirements/flight test of radios; and
10. Any other factors affecting safety or airworthiness.

The request for the major modification or repair data approval form; AC
AWS 014 and all attached document shall be evaluated by the authority and
upon successful completion the document shall be signed for approval.
One copy of the approval form will be returned to the applicant allowing
them to proceed with the major modification or repair
Upon completion of the modification or repair detail of the work carried out
must be entered in the major repair and modification form; AC AWS 014,
which will be part of the operators’ records and shall be made readily
available upon inspection by the authority when required and a copy shall
be submitted to the authority.

An operator that the NCAA has authorised to perform alteration on aircraft,


aircraft engine or component shall use a validly licensed AME with airframe
and powerplant rating, shall promptly upon its completion, prepare a report

Page 154 of 187 AFIT. AIR LAW AUGUST.2012


of each major alteration or repair. And, submit a copy of the report to the
Authority. See a copy of the Major repair and alteration form (MR &A form,
IS:5.7.1.1 (c))

Airworthiness Approval Note


Airworthiness Approval Note (AAN) is an approved document which certifies
that a major modification is acceptable in a particular aircraft or type of
aircraft subject to compliance with conditions of the AAN. AAN will have a
reference number, which must be entered on all document dealing with the
modification and especially in the log book.

Embodiment
The “embodiment” of a modification must be carried out by an approved
organisation or an appropriately licensed aircraft maintenance engineer and
the relevant entries made in the appropriate log book(s), quoting references
and a CRS signed. If the work is signed for on a separate record, e.g. a
worksheet, an entry may be made in the logbook quoting the reference of
the separate record and where it is held. The entry should refer to the
modification/ inspection number. Depending on the nature of the modification,
it may be necessary to weigh and/or test fly the aircraft. Manuals may also
require amendment e.g. Flight Manual, Maintenance Manuals and,
sometimes, the C of A particulars may be amended. If the Flight Manual or
Certificate of Airworthiness requires amendment, it should be forwarded to
the local area office of the CAA for checking.

Modification Record Book


A modification record book must be compiled for all aircraft registered in
Nigeria. It is the record of the modification state of the aircraft, and also
contains details of major repairs which have altered design.

Page 155 of 187 AFIT. AIR LAW AUGUST.2012


The record book does not apply to engines or propellers, as suitable
modification records are maintained in their log books.

The modification record book contains a statement of the modifications


embodied during manufacture which are additional to the basic design. The
operator must record the modifications and repairs embodied during the life
of the aircraft.

At the time of issue or renewal, or when the aircraft is sold, the record book
must be up to date.

Page 156 of 187 AFIT. AIR LAW AUGUST.2012


TECHNICAL STORES PROCEDURES

Introduction

Most of the aircraft parts that an engineer uses are Controlled Items, that is,
they have to be produced by Approved Organisations and certified as
Approved parts or components. Some parts which would not adversely
affect the airworthiness and the safe operation of an aircraft (if they failed),
are not required to be approved and are classified as Uncontrolled Items.
An example would be cabin service equipment. Nevertheless, the
organisation designing the aircraft has to certify to the Authority that it is
satisfied that no uncontrolled item installed in the aircraft will constitute a
danger to the aircraft).

Regulation 6.3.1.2 of the Nigeria Civil Aviation Regulations requires that


storage facilities are provided for parts, equipment, tools and materials to be
used on the aircraft, it also requires the condition of storage and security of
serviceable parts are done in accordance with best practices to prevent
deterioration and damage in storage.

Approved parts:
An Approved parts is one that meets approved design data applicable to the
part and having been manufactured and subsequently maintained in
accordance with the requirements of the State of Design, Manufacture, or
State of Registry, as applicable.

Standard parts
Standard parts are approved parts conforming to national or industry
accepted standard.

Page 157 of 187 AFIT. AIR LAW AUGUST.2012


Unapproved parts:
These are parts that do not meet the criteria described as approved or
standard the paragraphs above; they also include parts improperly returned
to service

Parts and materials acceptance:


The process of evaluating parts and material for acceptance by the
regulation involves establishing that the part/material is authentic, conforms
to the relevant type design, customers order, physical state and
accompanying release documents.

Approved Technical Store


An NCAA approved technical store comprises of;
- Quarantine store, and
- Bonded store
These need not be separate building, but must be separated from each
other.

(i) Quarantine Store – Incoming: Provide storage for incoming material


and parts until such time as it can be ascertained that they are
authentic and conform to the customer’ order.

(ii) Quarantine Store – Unserviceable: provide storage for parts and


materials awaiting investigation and dispatch for repair or scraped.
The aim is to quarantine them i.e. prevent any possibility of them
being mixed up with serviceable items with the risk that they could
be put into use.

Page 158 of 187 AFIT. AIR LAW AUGUST.2012


(iii) Bonded Store: Provide storage of parts and material that have
been proved authentic and declared serviceable.

Stores procedures
The approved technical stores procedures will be contained in the user
manual which could be a stand-alone document or part of the MPM / MCM
and will address the following:

a) Quarantine and Bonded stores;


b) Incoming and outgoing inspections;
c) Shelf/storage life;
d) Records control;
e) Parts identification (Markings);
f) Storage of instruments, tools, rubber items etc;
g) Segregation of parts and materials in the bonded store;
h) Storage facility; and
i) Special storage.

Parts and Material Authenticity Evaluation:


Involves establishing that the parts and material conforms to approved
design specifications, and have retained the essential properties assumed in
the design as qualified by the supporting documents.

Information on the supporting documents shall include the following:

a) The authority under which they are issued;


b) Reference identification for the purposes of traceability;
c) Name, address and approval reference of the issuing
organization;

Page 159 of 187 AFIT. AIR LAW AUGUST.2012


d) Work order, contract or invoice number;
e) Quantity, description, part numbers and, if applicable,
serial numbers of the parts;

f) Relevant information concerning any shelf life limitations,


special storage condition requirements, compliance or non-
compliance with any airworthiness directives, etc;

g) The signature and approval reference of the person


issuing the document; and

h) Whether the part in new or used.

Authorized Release Certificate/Approved Certificate:


This is issued by the Approved organization to prove that the part has
conformed to the design requirement. This provided by organizations that
holds approval to supply, overhaul, repair, and process or test aeronautical
parts.
Approved Certificate is obsolete. All parts manufactured after 198..
EASA form one is the currently approved form of approved certificate within
the EASA.
Airworthiness Approval Tag (NCAA form one) is Nigeria’s form of authorized
release certificate. Any aeronautical product which has been maintained off
the aircraft requires the issue of NCAA form one for such maintenance.
NCAA form one has two distinct purposes-
1. As a certificate of release to service of component or assembly after
maintenance, overhaul or rebuilding and,
2. For shipment of newly manufactured part.
(See sample of NCAA form one in I.S 6.5.1.7)

Page 160 of 187 AFIT. AIR LAW AUGUST.2012


Bogus Parts
This term is used to describe parts which purport to be genuine approved
items form acceptable sources, when they are not. The flight safety
foundation of America has defined Bogus parts as follows

‘’Parts which are not airworthy, Parts which the source and identity have
long been lost. Parts of unknown material, fabricated by processes at
variance with industrial and government specifications’’

Any positive evidence of a Bogus part should be reported immediately to the


NCAA.

Parts and Material Suppliers


These are organizations that hold parts and material for a limited period, the
part and data being passed in their entirety to the operator, who has
obligation to ensure that the part is correct and that the documentation truly
reflects that status of the part.

Salvaged Parts and Materials

Parts removed from accident aircraft and aircraft no longer in service shall
be tagged unserviceable, and shall be subjected to the normal unserviceable
parts process

Storage Procedure
The conditions of storage of aircraft supplies are important. The premises
should be clean, well ventilated, and maintained at even dry temperature to
minimize the effect of condensation. In many cases the manufacturer will
specify the temperature and relative humidity in which the products should

Page 161 of 187 AFIT. AIR LAW AUGUST.2012


be stored. In case of such specific requirements, instruments and or Tell-
Tell Desiccant must be in place to ensure such conditions are maintained
within the specified range.

There must be a well-defined procedure for receiving, storage, requisition


and dispatch of aeronautical supplies. It is required that the receiving,
quarantine, bonded, and dispatch functions of a technical store are
segregated.

On reception after the aircraft supplies have been verified to:

a. comply with the order part number requirements.

b. have the necessary certification and release to service document

c. be in generally good condition and have not sustained any


damage

The supplies should be issued with a Goods Received Number (GRN) or


Batch Number and a company Serviceable Label. The GRN shall be
recorded on all the supplies incoming documents which must be preserved,
and on the issued serviceable label which should be secured on the part or
material before they are forwarded to the bonded stores.

Note: The GRN enables the part or material to be traced to the


incoming documents and its production source. It must be
recorded on the aircraft records when the part is installed on
the aircraft.

Page 162 of 187 AFIT. AIR LAW AUGUST.2012


The serviceable label in addition to the GRN must indicate the part or
material part number, special storage requirements, and shelf life as
applicable.

Temperature and Humidity Control As Applicable

a) There should be a procedure to ensure that temperature


and humidity are checked at regular intervals and
recorded.

b) Vapour phased Inhibitor should only be used when


approved by the manufacturer of the part.

c) Where oils, fluids, or compounds are used as temporally


protection on metal articles, it should be ascertained that
the material and the method of application is approved by
the manufacturer of the part.

d) Desiccants e.g. silica-gel where used to protect stored


parts, should be inspected and/or renewed at specified
intervals or whenever airtight containers have been
opened.

Racks and Bins – Clearly marked with the part number and bin location are
preferred when the nature of the stock permit their use because
they allow free circulation of air.

Methods of storage should be such that batches of material or parts are


issued in strict rotation, i.e. old stock should be issued before

Page 163 of 187 AFIT. AIR LAW AUGUST.2012


new stock. This caters for perishable goods, instruments and
other components which have definite storage limiting periods.

Components and parts have definite storage limiting period should have the
storage limit date clearly indicated on the component tag. On expiry of the
storage period the parts should be withdrawn from the stores for checking or
overhaul as recommended by the manufacturer. The effective storage
limiting periods of some equipment may be considerably reduced if the
recommended storage conditions are not provided. It is therefore important
to note that the manufacturers recommended storage limiting periods can
only apply in prescribed storage conditions.

Technical stores must have an acceptable easy procedure for management


of components and material shelf storage limiting periods.

Segregation of Stock
a) Materials which may have deleterious effect on others should
be segregated; this is to prevent escaping fumes affecting the
parts and or material.
b) Flammable material such as dope, thinners, paint should be
kept in a store isolated from the main building.

Requisition and Issuing of Parts

There should be an acceptable procedure for requisitioning parts and


material from the technical stores. It is required that there are requisition
forms and that parts should not be issued unless such filled forms have
been presented.

Page 164 of 187 AFIT. AIR LAW AUGUST.2012


The requisition shall be authorized by appropriate personnel and shall be of
a type that allows a copy to be retained by the stores for records and a
copy to be sent with the issued part. It shall indicate the requisitioned
part’s name, part number and aircraft or sub-component to which it shall be
installed.

The stores personnel shall record on the requisition the serial number and
the GRN (batch number) or the item issued. It is required that a copy of
the requisition is retained by the technical stores.

If the requisitioned item is nil stock it is required to make a nil stock entry
on the requisition. It is important to be aware that Nil Stock might affect
aircraft Minimum Equipment List (MEL) and (CDL) capability and permitted
Dispatch Deviation.

Disposal of scrapped parts


Scrapped parts should be disposed of in a manner that will never allow
them to be returned to service.

Page 165 of 187 AFIT. AIR LAW AUGUST.2012


The Maintenance engineer’s responsibility begins when the items is taken
from the store, since the item has become an aircraft or component part.
The aircraft component documentation must show this. Once fitted, the
engineer must record the component’s information in the aircraft or
component document from the SRN.

Page 166 of 187 AFIT. AIR LAW AUGUST.2012


MAINTENANCE PLANNING AND SUPPORT
The main task of the aircraft maintenance engineer is to produce serviceable
aircraft to support flying programme.
PLANNING
Prior to carrying out an inspection, the Planning Department will provide a
document pack containing all of the task cards associated with the
inspection, plus any other documents required. This will be made into a
work pack that will also contain a list of the documents contained in the
pack. The Maintenance Control Department will audit the documents to
ensure the pack is complete. The package will then be sent to the
technical work area concerned.

Technical Records

Most organisations will have a Technical Records Section or Department,


which compiles and co-ordinates the paperwork connected with the
maintenance of aircraft. (If a company is too small to have a separate
section to carry out this function, the responsibility for meeting the task rests
with the Chief Engineer - it has to be done!) Obviously all engineers
involved in the maintenance of aircraft must be aware of the different
requirements that come under the heading of paperwork and must ensure
that they fulfil their role in completing the job.
The task of Tech. Records can be divided into two main functions:

 Keeping aircraft log-books and records up to date and processing the


information to ensure that all necessary maintenance activities are
monitored and carried out when due.

 Issuing the necessary instructions and documentation to the `shop floor'


when maintenance activities are to be carried out and eventually to
collect in the documentation, check it is correct and complete and then to
up-date the log- books and records again.

Page 167 of 187 AFIT. AIR LAW AUGUST.2012


Job Number

Aircraft maintenance may consist of a single task taking a single person a


few minutes. It could also be a complex aircraft inspection involving
hundreds of engineers and taking more than a month. Each part of the
inspection must be identified and when completed, signed for by the
engineer completing the task. An aircraft will come into the hangar for
maintenance work for a number of reasons. It may be due a Scheduled
Maintenance Inspection (SMI); it may have a defect, which requires
rectification. A time or Life expired component may need replacing, a
mandatory modification/inspection (Airworthiness Directive) or a recommended
Service Bulletin may have to be carried out, or it may come in to be put
into storage, either short or long term.
It is common practice to allocate a Job Number to all jobs carried out on
aircraft. The numbers being allocated by the hangar management
successively to each job as it arises. The reason for doing this is that all
work related to a specific job can be identified by the Job Number and all
the activities can then be co-ordinated under that number on completion of
the job. What sort of things will need to be identified with the Job Number?

 The first will be the WORKSHEETS, more of which in a minute.

 Then the Stores Issue Vouchers on which will be recorded all items
issued to that job i.e. that aircraft (Different organisations may use
different methods and paperwork for issuing stores, but the principle will
be the same).

 The Engineers' time sheets will show the hours expended against each
job number so that labour costs can be calculated.

 Components/parts sent into workshops for overhaul/repair or out to other


companies for the same purpose, will carry the Job Number so that the
costs incurred will be charged to the job.
The use of a Job Number is, amongst other things, to ensure that costs are

Page 168 of 187 AFIT. AIR LAW AUGUST.2012


apportioned correctly to each job. Many engineers feel that such concerns
are not for them. This is a short sighted view, because generally the costs
have to be recovered from a customer, or at least used to determine the
cost effectiveness of particular operations. If the costs are not estimated
correctly, the engineer may find at the end of the month, that there is no
cash left to pay wages!

WORKSHEETS

It is essential that records be kept of all maintenance work carried out on


aircraft. Defects and rectification can be entered and signed for directly into
the logbooks, but the logbooks would rapidly be filled and difficult to check.
It is common practice to use worksheets for the following reasons.
Consider a Scheduled Maintenance Inspection (SMI). In this case the
worksheets will list all the inspections and checks to be carried out as part
of the SMI. Often they are copies of the maintenance schedule pages with
extra columns in which the engineers will sign when they have completed
the job. Ideally, the worksheets should contain all relevant information to
enable the engineer to do the Job correctly without having to constantly
refer to maintenance manuals. (That is not to say that the engineer will not
need to refer to manuals and, in fact, steps must be taken to ensure that
manuals are readily available to him. Information such as pressures, types
of greases to be used, wear limits, can usefully be given on the worksheets
provided they are always up to date.) The benefits of the worksheets will be
self-evident. The engineer has the detailed requirements at his fingertips, so
that he knows what he has to do eliminating the risk of missing anything.
He is not constantly handling schedules and inevitably making a mess of
them. He is able to sign as he completes each item so that records are up
to date.
As defects are found during the inspection, or if the aircraft comes in with a
defect, the defect is entered onto a Continuation or Rectification Worksheet,

Page 169 of 187 AFIT. AIR LAW AUGUST.2012


i.e. a blank sheet with columns for defects, rectification work and signatures.
Mandatory Modifications, Inspections, Service Bulletins, or any other work
required will be entered on continuation worksheets also. When the work is
completed, the engineer and supervisor or Licensed Engineer if required, will
sign to this effect.

WORKPACKS

When completed, the worksheets are then filed in the WORK PACK. This
will normally be a file containing all of the paperwork for that particular job.
All of the Work Packs will be kept together as part of an Aircraft File and
held in Technical Records. It is treated as part of the aircraft logbook. A
logbook Entry will have to be made on completion of the work, which will
refer, where necessary, to the Work Pack by a Job Number. A reference
note will state where the Work Pack it is held i.e. the name and address of
the company.

Typical uses of a worksheet are shown overleaf.

Page 170 of 187 AFIT. AIR LAW AUGUST.2012


Page 171 of 187 AFIT. AIR LAW AUGUST.2012
Page 172 of 187 AFIT. AIR LAW AUGUST.2012
Page 173 of 187 AFIT. AIR LAW AUGUST.2012
INITIAL AIRCRAFT CERTIFICATION PROCEDURE

Type Certification:
During the initial design/construction aircraft are divided into three categories;

Prototype: An aircraft of new design, which is the first of a type to be


investigated for the issuance of a C of A.

Series: or one which is similar in every respect to the design of an aircraft


for which a C of A has already been issued.

Prototype Modified (Variant): or one which embodies certain design features


which are not the same as the prototype, and must therefore be investigated
before certification.

TYPE CERTIFICATE
This constitutes a statement that the type and variants of the aircraft
specified are acceptable to the Authority for airworthiness certification. The
basis for the statement is a Data Sheet which forms part of the Certificate.

The Data Sheet contains certain technical data related to the type of aircraft
and each of the variants investigated by the Authority.
Where an aircraft is a prototype the application for a C of A also serves as
an application for a Type Certificate.

Page 174 of 187 AFIT. AIR LAW AUGUST.2012


SUPPLEMENTAL TYPE CERTIFICATE
The Authority requires any person who proposes to alter a product by
introducing a major changes in type design, not great enough to require a
new application for type certificate, to apply for a supplemental Type
certificate to the regulatory agency of the state of design that approve the
type certificate for that product, or to the state of registry of the aircraft
provided that the state of registry has the technical expertise to evaluate the
proposed changes in accordance the type design.

Page 175 of 187 AFIT. AIR LAW AUGUST.2012


IN-SERVICE APPROVAL AND CERTIFICATION DOCUMENTS

CERTIFICATE OF REGISTRATION
The legal requirements in respect of aircraft registration are set out in Part 4
of the Nig.CARs, 2009.
Application for aircraft registration in Nigeria must be made to the NCAA
who will, subject to acceptance of the application, issue a Certificate of
Registration.
The Certificate is valid until there is a change of ownership of the aircraft,
or until the aircraft is destroyed or permanently withdrawn from use.
An official list of aircraft registered in the Nigeria is kept by the NCAA.
There is also an International Aircraft Register.
An aircraft, other than one permitted to fly without being registered, must not
fly in Nigeria airspace unless it bears the nationality and registration marks
as required by the law of the country in which it is registered.

Page 176 of 187 AFIT. AIR LAW AUGUST.2012


Page 177 of 187 AFIT. AIR LAW AUGUST.2012
CERTIFICATE OF AIRWORTHINESS:
Before a civil aircraft can fly a valid Certificate of Airworthiness or C of A as
it is always referred to, must have been issued under the law of the country
in which the aircraft is registered.
However, there are some conditions, under which an aircraft may fly without
a C of A, and without being registered.
As far as aircraft registered in the Nigeria are concerned, the C of A is
issued by the NCAA after it is satisfied that the design, construction,
workmanship and materials of the aircraft, engines, and of any equipment
necessary for airworthiness, together with the results of flight trials and other
tests, meet the conditions prescribed by the regulations.
The manner in which these conditions are investigated is prescribed in Part
5 of the regulations.

Page 178 of 187 AFIT. AIR LAW AUGUST.2012


Page 179 of 187 AFIT. AIR LAW AUGUST.2012
NOISE CERTIFICATE
The Regulation requires that aircraft shall not make more than a stipulated
certain amount of noise; it also requires them to have a Noise certificate
issued by the NCAA. To obtain this, it must be proven that each aircraft
meets the requirements, which also conforms to ICAO Annex 16
Regulations.
Similar requirements exist in other countries, and generally landing
restrictions apply to aircraft without such certification, and landing fees will
be greater. However, many types of aircraft and operators are exempt at
this time.
Acceptable noise levels are regularly reduced by the ICAO and present
levels have had the effect of eliminating many current airliners unless hush
kits are fitted – B737 – 200s, DC 9s, Bas 1-11s, etc.
Therefore, it is required that All Aircraft involved in international operations to
carry a document attesting noise certification.

RADIO STATION LICENCE AND APPROVAL


Every aircraft must have a Radio Station Licence issued by the
communications ministry. This is issued to the registered owner and it
becomes invalid upon change of ownership. This licence must be revalidated
on a set date every year on payment of a fee related to the aircraft weight.
The actual installation and its equipment must be certificated by the NCAA
before it can be used by the issue of a "Certificate of Approval of Aircraft
Radio Installation" The Radio Station licence is clipped to this.

Page 180 of 187 AFIT. AIR LAW AUGUST.2012


WEIGHT SCHEDULE
(Aircraft Mass Schedule)
With reference to Nig.CAR Part 5, every aircraft in respect of which a
Certificate of Airworthiness is issued or validated is required to be weighed,
and the position of its centre of gravity determined, at such times and in
such manner as the Authority may require or approve in the case of that
aircraft.
Upon the aircraft being weighed as aforesaid, the operator of the aircraft
prepares a mass schedule showing:

(i) either the basic mass of the aircraft, that is to say, the mass of the
aircraft empty together with mass of unusable oil in the schedule, or such
other mass as may be approved by the Authority in the case of that aircraft;
and,
(ii) either the position of the centre of gravity of the aircraft when the aircraft
contains only the items included in the basic mass or such other position of
the centre of gravity as may be approved by the Authority in the case of
that aircraft.

(ii) either the position of the centre of gravity of the aircraft when the aircraft
contains only the items included in the basic mass or such other position of
the centre of gravity as may be approved by the Authority in the case of
that aircraft.

Aircraft exceeding 5700kg (12500lb) MTMA must be weighed 2 years after


the date of manufacture and thereafter intervals not exceeding 5 years and
at such time as the authority may require.

Page 181 of 187 AFIT. AIR LAW AUGUST.2012


Aircraft not exceeding 5700kg (1200lb) shall be weighed at intervals not
exceeding 5 years and at such time as the Authority may require.
After the aircraft has been weighed an authorised person shall certify and
issue a weight and balance schedule for the aircraft (or flee type of aircraft).

MASTER MINIMUM EQUIPMENT LISTS AND MINIMUM EQUIPMENT LISTS


(MMEL AND MEL)

MMEL:
In conjunction with the certification of each new transport type aircraft,
MMELs are produced by the constructor for all recent aircraft types,
exceeding. 2730kg MTOM and are applicable to particular types of aircraft,
without necessarily compromising airworthiness, they specify the condition
under which aircraft can fly with equipment in-operative.
This master document provides a basis for individual operator to consider
there specific usage of the aircraft.

MEL:
The minimum equipment list (MEL) will specify the circumstances under
which a particular aircraft can fly with equipment non-operative as deferred
defects. It will specify the condition of the rest of the system (if part of the
system is affected) and the condition of the rest of any associated systems.
It will detail as appropriate such things as flight duration times, performance
limitations etc.
MELs are produced by the individual operators using MMELs as the basis,
and then approved by the NCAA. It must be no less restrictive than MMELs,
add are usually more restrictive.

When approved the MELs become part of the flight/Operations Manual.


Amendments are permitted only if approved by the NCAA.

Page 182 of 187 AFIT. AIR LAW AUGUST.2012


When an aircraft is allowed to fly with a defect – this is listed along with the
details of the flight. Eg duration; whether over the sea or not; etc.

When ETOPS aircraft is flown on an ETOPS flight the Minimum Equipment


List will be restricted.

ETOPS
An AOC is required to obtain operational approval to conduct Extended
range Operations (ETOPS) as prescribed by Nig.CAR Part 8.6.2.11.

NCAA may authorize ETOPS with two-engine aeroplane over a route that
contains a point further than 60min flying time from an adequate airport at
an approved one-engine inoperative cruise speed under standard conditions
in still air.
The NCAA may also authorize ETOPS with passenger carrying aeroplane
with more than two engines over a route that contains a point farther than
180min flying time from an adequate airport at an approved one-engine
inoperative cruise speed under standard conditions of still air.

Page 183 of 187 AFIT. AIR LAW AUGUST.2012


Appendix A

1.0 THE INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

 *ANNEX 1- Personnel Licensing

 ANNEX 2-Rules of the Air

 ANNEX 3-Meteorological Service for International Air Navigation

 ANNEX 4-Aeronautical Charts

 ANNEX 5-Units of Measurement to be Used in Air and Ground Operations

 ANNEX 6-Operation of Aircraft

 ANNEX 7- Aircraft Nationality and Registration Marks

 ANNEX 8-Airworthiness of Aircraft

 ANNEX 9-Facilitation

 ANNEX 10-Aeronautical Telecommunications

 ANNEX 11- Air Traffic Services

 ANNEX 12-Search and Rescue

 ANNEX 13-Aircraft Accident and Incident Investigation

 ANNEX 14- Aerodromes

 Annex 15- Aeronautical Information Services

 Annex 16- Environmental Protection

 Annex 17- Security: Safeguarding International Civil Aviation Against Acts of Unlawful
Interference
 Annex 18- The Safe Transport of Dangerous Goods by Air

Page 184 of 187 AFIT. AIR LAW AUGUST.2012


Appendix B
(Nig.CAR2.6.2.4) KNOWLEDGE REQUIREMENTS FOR THE AME LICENSE

The applicant for an aircraft maintenance engineer licence shall have pass a general knowledge test
covering at least the following areas:

(1) Air law and airworthiness requirements. Rules and regulations relevant to an aircraft maintenance
engineer licence holder including —
(i) Applicable airworthiness requirements governing certification and continuing airworthiness of
aircraft; and

(ii) Approved aircraft maintenance organisation procedures.


(2) Natural science and aircraft general knowledge-
(i) Basic mathematics;
(ii) Units of measurement; and
(iii) Fundamental principles and theory of physics and chemistry applicable to aircraft
maintenance.
(3) Aircraft engineering. Characteristics and applications of the materials of aircraft construction
including-
(i) Principles of construction and functioning of aircraft structures,
(ii) Fastening techniques;
(iii) Powerplants and their associated systems;
(iv) Mechanical, fluid, electrical and electronic power sources;
(v) Aircraft instrument and display systems;
(vi) Aircraft control systems; and
(vii) Airborne navigation and communication systems.
(4) Aircraft maintenance. Tasks required to ensure the continuing airworthiness of an aircraft including-
(i) Methods and procedures for the overhaul, repair, inspection, replacement, alteration or
defect rectification of aircraft structures, components and systems in accordance with the methods
prescribed in the relevant Maintenance Manuals and the applicable requirements of airworthiness.
(5) Human performance:
(i) Human performance and limitations relevant to the duties of an aircraft maintenance licence
holder.

(Nig.CAR2.6.2.5) KNOWLEDGE REQUIREMENTS FOR THE RATINGS

(a) It is required by the regulation that applicant for an airframe rating shall pass a knowledge test
covering at least the following areas:

Page 185 of 187 AFIT. AIR LAW AUGUST.2012


(1) Wood structures.
(2) Aircraft covering.
(3) Aircraft finishes.
(4) Sheet metal and non-metallic structures.
(5) Welding.
(6) Assembly and rigging.
(7) Airframe inspection.
(8) Fuel systems.
(9) Aircraft landing gear systems.
(10) Hydraulic and pneumatic power systems.
(11) Cabin atmosphere control systems.
(12) Aircraft instrument systems.
(13) Communication and navigation systems.
(14) Aircraft fuel systems.
(15) Aircraft electrical systems.
(16) Position and warning systems.
(17) Ice and rain control systems.
(18) Fire protection systems.

(b) The applicant for a powerplant rating shall pass a knowledge test covering at least the following
areas:

(1) Reciprocating systems.


(2) Turbine engines.
(3) Engine inspection.
(4) Engine instrument systems.
(5) Engine tire protection systems.
(6) Engine electrical systems.
(7) Lubrication systems.
(8) Ignition and starting systems.
(9) Fuel metering.
(10) Engine fuel systems.
(11) Induction and engine airflow systems.

(12) Engine cooling systems.


(13) Engine exhaust and reverser systems.
(14) Propellers.
(15) Auxiliary power units.
(c) The applicant for an avionics rating shall pass a knowledge test covering at least the following
areas:

Page 186 of 187 AFIT. AIR LAW AUGUST.2012


(1) Aircraft electrical systems;
(2) Aircraft instrument systems;
(3) Automatic flight control systems;
(4) Aircraft radio and radio navigation systems,
(5) Aircraft navigation systems; and
(6) Aircraft systems/components — avionics.
(d) The applicant shall pass each section of the test before applying for the skill tests prescribed by
2.6.2.7 below (Skill Requirements).

Page 187 of 187 AFIT. AIR LAW AUGUST.2012

You might also like