CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (APPROVED MAINTENANCE ORGANISATIONS) REGULATIONS
(section 89)
(23rd March, 2012)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Application of Regulations
3. Interpretation
PART II
Certification
4. Prohibition from operating without certificate
5. Prohibition from advertising without certificate
6. Application for an approved maintenance organisation certificate
7. Issuance of an approved maintenance organisation certificate
8. Validity of certificate
9. Renewal of certificate
10. Suspension or revocation of certificate
11. Changes to the approved maintenance organisation certificate and amendments
12. Ratings
13. Limited rating
14. Quality system
15. Safety management system
PART III
Housing, Facilities, Equipment and Materials
16. General
17. Housing and facility requirements
18. Equipment, tools and materials
PART IV
Administration
19. Personnel requirements and training
20. Management personnel
21. Indoctrination, initial, recurrent, specialised and remedial training
22. Dangerous goods training programme
23. Rest and duty limitations for persons performing maintenance functions
24. Record of management, supervisory, inspection and certifying staff
PART V
Approved Maintenance Organisation Operating Rules
25. Maintenance organisation's procedures manual
26. Maintenance procedures
27. Capability list
28. Sub-contracted maintenance functions
29. Approved maintenance organisation privileges
30. Certificate of release to service
31. Maintenance records
32. Airworthiness data
33. Reporting of unairworthy conditions
34. Inspections
35. Performance standards
PART VI
General
36. Possession of certificate
37. Drug and alcohol testing and reporting
38. Replacement of documents
39. Suspension or revocation for public interest
40. Use and retention of certificates and records
41. Reports of violation
42. Enforcement of directions
PART VII
Exemptions
43. - 46. ...
PART VIII
Miscellaneous
47. Contravention of Regulations
48. Offences and penalties
49. ...
SCHEDULES
S.I. 20, 2012,
S.I. 95, 2020.
PART I
Preliminary (regs 1-3)
These Regulations may be cited as the Civil Aviation (Approved Maintenance Organisations) Regulations.
Unless the context otherwise requires, the provisions of these Regulations—
(a) in so far as they apply to aircraft registered in Botswana, shall apply to such aircraft wherever they may be;
(b) in so far as they apply to other aircraft, shall apply to such aircraft when they are within Botswana; and
(c) in so far as they prohibit, require or regulate, the doing of anything—
(i) by any person in or by any of the crew of, any aircraft registered in Botswana, shall apply to such persons and crew, wherever they may be, and
(ii) in relation to any aircraft registered in Botswana by other persons shall, where such persons are citizens of Botswana, apply to them wherever they may be.
In these Regulations, unless the context otherwise requires—
"accountable executive" means the manager who has corporate authority for ensuring that all maintenance activities required by the owner or operator of an aircraft are financed and carried out to the standard required by the Authority;
"aeronautical product" means an aircraft, engine, propeller or sub- assembly, appliance, material, part or component to be installed thereon;
"aircraft component" means any assembly, item component, part of an aircraft up to and including a complete power plant or any operational or emergency equipment;
"aircraft type" means all aircraft of the same basic design;
"airframe" means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of a power plant) and landing gear of an aircraft and their accessories and controls;
"airworthiness data" means any information necessary to ensure that an aircraft or aircraft component can be maintained in a condition such that airworthiness of the aircraft or serviceability of operational and emergency equipment, as appropriate, is assured;
"airworthy" means the status of an aircraft, engine, propeller or a part that conforms to its approved design, and is in a condition for safe operation;
"AOC" means Air Operator Certificate;
"appliance" means an instrument, mechanism, equipment, part, apparatus, appurtenance or accessory, including communication equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft and is not part of an airframe, power plant or propeller;
"appropriate airworthiness requirements" means the comprehensive and detailed airworthiness codes established, adopted or accepted by a contracting state for the class of aircraft, engine or propeller under consideration;
"approved continuous maintenance program" means a maintenance program approved by the state ofregistry;
"approved data" means technical information approved by the Authority;
"approved maintenance organisation" means an organisation approved by the Authority to perform specific aircraft maintenance activities;
"approved standard" means a manufacturing, design, maintenance, or quality standard approved by the Authority;
"article" means an item, including but not limited to, an aircraft, airframe, aircraft engine, propeller, appliance, accessory, assembly, subassembly, system, subsystem, component, unit, product or part;
"calibration" means a set of operations, performed in accordance with a definite documented procedure, that compares the measurement performed by a measurement device or working standard for the purpose of detecting and reporting or eliminating by adjustment errors in the measurement device, working standard or component tested;
"certificate of release to service" means a document which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner in accordance with appropriate airworthiness requirements;
"certifying staff" means personnel authorised by the approved maintenance organisation in accordance with a procedure acceptable to the Authority to certify aircraft or aircraft components for release to service;
"contracting state" means a state that is signatory to the Convention on International Civil Aviation (Chicago Convention);
"composite" means structural materials made of substances, including, but not limited to, wood, metal, ceramic, graphite, boron, epoxy, plastic, fibre-reinforced built-in strengthening agents that may be in the form of filaments, foils, powders or flakes, of a different material;
"composite structure" means a type of aircraft structure made of plastic resins reinforced with strong light weight filaments;
"computer system" means any electronic or automated system capable of receiving, storing and processing external data and transmitting and presenting such data in a usable form for the accomplishment of a specific function;
"engine" means a unit used or intended to be used for aircraft propulsion, and it consists of at least components and equipment necessary for functioning and control, but excludes the propeller or rotors (where applicable);
"facility" means a physical plant, including land, buildings and equipment, which provides the means for the performance of maintenance, preventive maintenance or modifications of any article;
"housing" means buildings, hangars and other structures to accommodate the necessary equipment and materials of a maintenance organisation that—
(a) provide working space for the performance of maintenance, preventive maintenance or modifications for which the maintenance organisation is certificated and rated; and
(b) provide structures for the proper protection of aircraft, airframes, aircraft engines, propellers, appliances, components, parts and sub-assemblies thereof during disassembly, cleaning, inspection, repair, modification, assembly and testing; and
(c) provide for the proper storage, segregation and protection of materials, parts and supplies;
"human performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;
"inspection" means the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;
"large aircraft" means aeroplane of a maximum certificated take-off mass ofmore than 5700 kg;
"line maintenance" means any unscheduled maintenance resulting from unforeseen elements, or scheduled checks that contain servicing or inspections that do not require specialised training, equipment, or facilities;
"maintenance" means the performance of tasks on an aircraft, engine, propeller or associated part required to ensure the continuing airworthiness of an aircraft, engine, propeller or associated part including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair;
"maintenance organisation's procedures manual" means a document endorsed by the head of the maintenance organisation which details the maintenance organisation's structure and management responsibilities, scope of work, description of facilities, maintenance procedures and quality assurance or inspection systems;
"maintenance records" means a record which sets out the details of the maintenance carried out on an aircraft, engine, propeller or associated part;
"major modification" means a change in the type design that has an appreciable effect other than a negligible effect, on the mass and balance limits, structural strength, engine operation, flight characteristics, reliability, operational characteristics, or other characteristics or qualities affecting the airworthiness or environmental characteristics of an aeronautical product;
"major repair" means any repair of an aeronautical product that might appreciably affect the structural strength, performance, engine, operation flight characteristics or other qualities affecting airworthiness or environmental characteristics;
"modification" means a change to the type design of an aircraft, engine or propeller, which may include the embodiment of the modification which is a maintenance task subject to a maintenance release;
"operations specifications" means a document describing the ratings in detail and containing or referencing material and process specifications used in performing repair work, along with any limitations applied to the maintenance organisation;
"operations specifications" means a document describing the ratings in detail and containing or referencing material and process specifications used in performing repair work, along with any limitations applied to the maintenance organisation;
"overhaul" means the restoration of an aircraft or aircraft component using methods, techniques and practices acceptable to the Authority, including disassembly, cleaning and inspection as permitted, repair as necessary and reassembly and testing in accordance with approved standards and technical data or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the state of design, holder of the type certificate, supplemental type certificate or a material, part, process or appliance approval under parts manufacturing authorisation (PMA) or technical standard order (TSO);
"powerplant" means a system consisting of all the engines, drive system components (if applicable), and propellers (if installed), their accessories, ancillary parts, and fuel and oil systems installed on an aircraft but excluding the rotors for a helicopter;
"preventive maintenance" means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations;
"quality system" means an organised structure with procedures, processes and resources needed to implement quality management;
"rating" means an authorisation entered on, or associated with a licence or certificate and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence or certificate;
"repair" means the restoration of an aircraft, engine, propeller or associated part to an airworthy condition, in accordance with the appropriate airworthiness requirements, after it has been damaged or subjected to wear;
"small aircraft" means an aeroplane of a maximum certificated take-off mass of 5700 kg or less; and
"state of design" means the state having jurisdiction over the organisation responsible for the type design;
"state of manufacture" means the state having jurisdiction over the organisation responsible for the final assembly of the aircraft, engine or propeller;
"state of registry" means the state on whose register the aircraft is entered;
"technical standard order (TSO)" means a minimum performance standard issued by the Administrator (United States Fderal Aviation Administration) for specified materials, parts, processes and appliances used on civil aircrafts flown and approved for operation.
PART II
Certification (regs 4-15)
4. Prohibition from operating without certificate
(1) A person shall not operate a maintenance facility without an approved maintenance organisation certificate issued under these Regulations.
(2) A person who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
5. Prohibition from advertising without certificate
(1) A person shall not advertise as an approved maintenance organisation unless an approval for a maintenance organisation certificate is issued in accordance with these Regulations.
(2) A maintenance organisation shall not make any statement, either in writing or orally, about itself that is false or is designed to mislead any person.
(3) Where an advertisement of an approved maintenance organisation indicates that the approved maintenance organisation is certificated, the advertisement shall clearly stipulate the approved maintenance organisation's certificate number.
(4) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
6. Application for an approved maintenance organisation certificate
(1) A person who wishes to apply for an approved maintenance organisation certificate shall do so in the manner specified by the Authority under this regulation.
(2) The certification process shall follow a five phase approach as follows—
(a) pre-application phase;
(b) formal application phase;
(c) document evaluation phase;
(d) demonstration and inspection phase; and
(e) certification phase.
(3) The formal application phase shall be made in accordance with Form A set out in Schedule 1.
(4) An applicant for an approved maintenance organisation certificate shall submit the following, together with the application, to the Authority—
(a) maintenance organisation's procedures manual in duplicate;
(b) a list of the maintenance functions to be performed for it, under contract;
(c) a list of all approved maintenance organisation certificates and ratings pertinent to those certificates issued by any contracting State other than Botswana;
(d) a non-refundable fee set out in Schedule 3; and
(e) any additional information the Authority may require the applicant to submit.
(5) An application for an initial issue of an approved maintenance organisation certificate shall be made to the Authority at least 90 days before the date of intended operation.
7. Issuance of an approved maintenance organisation certificate
(1) The Authority may issue to an applicant, an approved maintenance organisation certificate in Form B set out in Schedule 1 if, after inspection, and upon the payment of a fee of P600, the Authority is satisfied that the applicant—
(a) meets the requirements to be issued an approved maintenance organisation certificate; and
(b) is properly and adequately equipped for the performance of maintenance of aircraft or aircraft component for which the applicant seeks approval.
(2) An approved maintenance organisation certificate shall consist of—
(a) a certificate for public display; and
(b) operations specifications.
(3) The approved maintenance organisation certificate shall contain—
(a) the issuing authority, and the name, title and signature of the person issuing the certificate;
(b) the maintenance organisation's name and registered address;
(c) the maintenance organisation approval reference number;
(d) the date of current issue;
(e) in the case of certificates of limited duration, the expiration date;
(f) the scope of approval, in relation to aircraft component or specialised maintenance, and to the type of aircraft and components covered by the approval; and
(g) the location of the maintenance facilities, unless the information is included in a separate document referred to in the approval certificate.
(4) The operations specifications of the certificate shall be signed by the Authority and shall consist of—
(a) a certificate number specifically assigned to the approved maintenance organisation;
(b) the class or limited ratings issued in detail, including special approvals and limitations issued;
(c) the date issued, amended or renewed; and
(d) the signatures of the accountable executive and the Authority.
(5) The certificate issued to an approved maintenance organisation under this regulation shall be conspicuously displayed in the premises for inspection.
(6) The issue of a maintenance organisation certificate by the Authority shall be dependent upon the applicant demonstrating compliance with all the requirements of the civil aviation regulations.
(1) An approved maintenance certificate issued in accordance with these Regulations shall be valid for 24 months from the date of issue or renewal, unless—
(a) a shorter period is specified by the Authority;
(b) the Authority amends, suspends, revokes or otherwise terminates the certificate;
(c) the approved maintenance organisation surrenders it to the Authority; or
(d) the approved maintenance organisation suspends operations for more than 180 continuous days.
(2) The continued validity of the approved maintenance certificate shall be dependent upon the organisation demonstrating compliance with all the requirements of the civil aviation regulations.
(1) An application for renewal of an approved maintenance organisation certificate shall be made in the manner and form prescribed by the Authority, at least 60 days before the certificate expires, and shall be accompanied by the applicable application fee set out in Schedule 3.
(2) Where an application for renewal is made after the period specified under subregulation (1), the application shall be deemed to be an initial application and regulation 6 shall apply.
10. Suspension or revocation of certificate
(1)The Authority may suspend or revoke an approved maintenance organisation certificate where the Authority determines that the certificate holder has not met or no longer meets the requirements of these Regulations.
(2) The Authority shall, prior to acting in accordance with sub- regulation (1), give a 14 days written notice to the certificate holder to rectify the non-compliance.
(3) A person issued with an approved maintenance organisation certificate shall return the certificate to the Authority within 14 days of the suspension or revocation of the certificate.
11. Changes to the approved maintenance organisation certificate and amendments
(1) An approved maintenance organisation shall provide 14 days prior written notice to the Authority of any proposal to carry out any changes to enable the Authority to determine compliance with these Regulations and to amend if necessary, the approved maintenance organisation certificate.
(2) An approved maintenance organisation shall not effect the following changes without prior approval of the Authority—
(a) the name of the approved maintenance organisation;
(b) the location of the approved maintenance organisation;
(c) additional locations of the approved maintenance organisation;
(d) the accountable executive;
(e) any of the management personnel specified in the approved maintenance organisation's maintenance organisation's procedures manual;
(f) the facilities, equipment, tools, material, procedures, work scope and certifying staff that could affect the approval;
(g) ratings held by the approved maintenance organisation; and
(h) ownership.
(3) The Authority may, upon payment of a fee of P600 amend the approved maintenance organisation certificate where the approved maintenance organisation notifies the Authority of any of the changes listed in subregulation (2).
(4) The Authority may, on amending the approved maintenance organisation certificate, prescribe new conditions under which the approved maintenance organisation may operate.
(5) The Authority may suspend or revoke an approved maintenance organisation's certificate if the approved maintenance organisation changes any of the items listed under subregulation (2) without notifying the Authority.
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.