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民航规章 CIVIL AVIATION REGULATIONS 2

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5.3.1.8 Duration of Certificates of Airworthiness 8
5.3.1.9 Cooperation Among States for Continuing Airworthiness Information, Including Airworthiness Directives 8
5.3.1.10 Amendment of Airworthiness Certificate 9
5.3.1.11 Transfer or Surrender of a Certificate of Airworthiness 9
5.3.1.12 Commercial Air Transport 9
5.3.1.13 Display of Certificate of Airworthiness 9
5.4 Continued Airworthiness of Aircraft and Aeronautical Components 10
5.4.1.1 Applicability 10
5.4.1.2 General 10
5.4.1.3 Responsibility 10
5.4.1.4 Maintenance and Operational Experience 11
5.4.1.5 Reporting of Failures, Malfunctions, and Defects 11
5.5 Aircraft Maintenance and Inspection Requirements 13
5.5.1.1 Applicability 13
5.5.1.2 General Requirements for Maintenance and Inspections 13
5.5.1.3 Persons Authorised to Perform Maintenance, Preventive Maintenance, Rebuilding and Modifications 14
5.5.1.4 Authorised Personnel to Approve for Return to Service 15
5.5.1.5 Persons Authorised to Perform Inspections 15
5.5.1.6 Performance Rules: Maintenance 16
5.5.1.7 Performance Rules:  Inspections 16
5.5.1.8 Performance Rules: Airworthiness Limitations 18
5.6 Maintenance and Inspection Records and Entries 18
5.6.1.1 Content, Form, and Disposition of Records for Maintenance, Preventive Maintenance, Rebuilding, and Modification of Aircraft and Life Limited Parts 18
5.6.1.2 Content, Form and Disposition of Records for Maintenance, Preventive Maintenance, Overhaul, Modification and Rebuilding of a Product 19
5.6.1.3 Content, Form, and Disposition of Records of Inspections for Return to Service 19
PART 5 — IMPLEMENTING STANDARDS 3
IS: 5.1.1.2 Modification, Repairs and Preventive Maintenance 3
IS: 5.1.1.2(a)(8)  Major Modifications 3
IS: 5.1.1.2(a)(9) Major Repairs 4
IS: 5.1.1.2(a)(11) Preventive Maintenance 6
IS: 5.3.1.5 Issuance or Validation of a Standard Certificate of Airworthiness 8
IS: 5.3.1.6 Issuance of a Special Certificate of Airworthiness 9
IS: 5.6.1.7 Performance Rules: Inspections 10
IS: 5.7.1.1 Content, Form and Disposition of Records for Maintenance, Preventive Maintenance, Rebuilding and Modification of Aircraft and Life Limited Parts 12
IS: 5.7.1.1(b) Recording of Major Repairs and Modifications 13
Part 5 – Airworthiness
5.1 GENERAL
Note:  ICAO cross references are to Amendment 103 to Annex 8.
5.1.1.1 APPLICABILITY
(a) This regulation prescribes the requirements for—
(1) Certification of aircraft and aeronautical products
(2) Issuance of Certificates of Airworthiness;
(3) Continued airworthiness of aircraft and aeronautical components;
(4) Aircraft maintenance and inspection requirements; and
(5) Maintenance and inspection records and entries
5.1.1.2 DEFINITIONS
(a) Definitions are contained in MCAR Part 1.
5.1.1.3 ABBREVIATIONS
(a) The following acronyms are used in Part 5:
(1) AOC – Air Operator Certificate
(2) AMO – Approved Maintenance Organisation
(3) AMT – Aviation Maintenance Technician
(4) IA – Inspection Authorisation
(5) MEL – Minimum Equipment List
(6) PIC – Pilot in command
(7) STC – Supplemental Type Certificate
(8) TSO – Technical Standard Order
5.2 CERTIFICATION OF AIRCRAFT AND AERONAUTICAL PRODUCTS
Note:  Part 5 presumes that the [STATE] does not presently have the capabilities or demand to issue its own original type certification and will therefore not be the State of Design or State of Manufacture.  Therefore the [STATE] will either issue its own Certificate of Airworthiness or validate the Certificate of Airworthiness issued by another State in accordance with this part.  In either case, the [STATE] is responsible for the continuing airworthiness of aircraft on its registry and for ensuring that non-[STATE] registered aircraft operated within [STATE] are maintained in accordance with continuing airworthiness requirements of the State of Registry.   See ICAO Annex 8, Part II, Chapter 4: 4.2 for responsibilities for Contracting States in respect to continuous airworthiness.
5.2.1.1 APPLICABILITY
(a) This Part applies to operators of aircraft within [STATE];
(b) No person may operate an aircraft within [STATE], or apply for registration of an aircraft in [STATE], unless that aircraft and the aeronautical products therein have received type certification from the State of Design and production approval from the State of Manufacture by the appropriate regulatory agency of those States in accordance with the requirements of ICAO Annex 8.
ICAO Annex 8: Part II, Chapters 1 and 2
ICAO Annex 8: Part II, Chapter 3: 3.2.1; 3.2.2; 3.2.4; 3.2.5
5.2.1.2 ORIGINAL CERTIFICATION OF AIRCRAFT AND AERONAUTICAL PRODUCTS
(a) This Section describes the procedures and designation of applicable rules for original type certification of aircraft and related aeronautical products.
(b) This Section is reserved.
ICAO Annex 8: Part II, Chapters 1 and 2;
ICAO Doc. 9760, Part III, Chapter 3.1, 3.2
14 CFR: 21.171
5.2.1.3 ISSUANCE OF A SUPPLEMENTAL TYPE CERTIFICATE
(a) Any person who proposes to modify a product by introducing a major change in type design, not great enough to require a new application for a type certificate, shall apply for a Supplemental Type Certificate to the regulatory agency of the State of Design that approved the type certificate for that product, or to the State of Registry of the aircraft provided that the State of Registry has the technical expertise to evaluate the proposed change in accordance with the type design.  The applicant shall apply in accordance with the procedures prescribed by that State.
(b) [STATE], upon receiving a request for a supplemental type certificate for an aircraft registered in [STATE]
(1) shall forward the request to the State of Design, or
(2) if applicable, issue a supplemental type certificate using the same regulatory and other guidance of the State of Design and State of Manufacture.
Note:  Technical expertise needed by the Authority in order to approve an STC includes aeronautical engineers with specific expertise in the field to be approved.
Note:  If the State of Registry is not the State of Design, the State of Registry may elect to forward a request for a supplemental type certificate to the State of Design.
ICAO Annex 8 : Part II: Chapter 1: 1.3.4
ICAO Doc. 9760, Part 111 Chapter 5: 5.4.5.3.1
14 CFR: 21.113
5.3 ISSUANCE OF CERTIFICATES OF AIRWORTHINESS
5.3.1.1 APPLICABILITY
(a) This Subpart prescribes procedures required for the issue of airworthiness certificates and other certifications for aeronautical products registered in [STATE].
(b) The [STATE] shall issue a certificate of airworthiness for aircraft registered in [STATE] based on satisfactory evidence that the aircraft complies with the design aspects of the appropriate airworthiness requirements (type certificate).
ICAO Annex 8: Part II: Chapter 3: 3.1; 3.2.1; 3.2.2
5.3.1.2 ELIGIBILITY
(a) Any registered owner of [STATE] registered aircraft, or agent of the owner, may apply for an airworthiness certificate for that aircraft.
(b) Each applicant for an airworthiness certificate shall apply in a form and manner acceptable to the Authority.
ICAO Doc. 9760 Appendix A.
14 CFR: Part 21.173
5.3.1.3 AIRCRAFT IDENTIFICATION
(a) Each applicant for a certificate of airworthiness shall show that the aircraft has the proper identification plates.
ICAO Doc 9760: Part 111 Chapter 3:3.2.3.3(a)(4)
FAA Order 8130.2G
ICAO Annex 7: 8
14 CFR: Part 21.182
5.3.1.4 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.
ICAO Annex 8: Part II: Chapter 3: 3.3.1
14 CFR: Part 21.175; 21.183; 23.3
FAA Order 8130.2G
5.3.1.5 ISSUANCE 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 Design;
(2) The aircraft has been inspected in accordance with the performance rules of section 5.6 of this regulation 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 finds after an inspection that the aircraft conforms to type design and is in condition for safe operation.
(b) The Authority, when issuing its Certificate of Airworthiness, may consider the previous Certificate of Airworthiness issued by another Contracting State, as satisfactory evidence, in whole or in part, that the aircraft complies with the applicable requirements of this Part
Note:  Some Contracting States facilitate the transfer of aircraft onto the register of another State by the issuance of an “Export Certificate of Airworthiness” or similarly titled document.  White not valid for the purpose of flight, such a document provides confirmation by the exporting State of a recent satisfactory review of the airworthiness status of the aircraft.  Guidance on the issue of an “Export Certificate of Airworthiness” is contained in ICAO Doc 9760, Airworthiness Manual.
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