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民航规章 CIVIL AVIATION REGULATIONS 3

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9.4 AOC MAINTENANCE REQUIREMENTS
9.4.1.1 APPLICABILITY
(a) This Subpart provides those certification and maintenance requirements that apply to an AOC holder utilising an AMO or an equivalent system.
9.4.1.2 MAINTENANCE RESPONSIBILITY
(a) Each AOC holder shall ensure the airworthiness of the aircraft and the serviceability of both operational and emergency equipment by—
(1) Assuring the accomplishment of preflight 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;
(4) The analysis of the effectiveness of the AOC holder'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 modifications in accordance with an approved standard and, for non-mandatory modifications, 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
Note: The Authority may or may not impose an expiration date on a Certificate of Airworthiness; an expiration date is used by in JAR-OPS, the FAA does not issue an expiration date on a Certificate of Airworthiness.
(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 modification 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 modifications; 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 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.
ICAO Annex 6, Part I: 8.1.1; 8.1.2; 8.1.3; 8.1.4;  8.1.5
ICAO Annex 6, Part III, Section II: 6.1.1; 8.1.2; 8.1.3; 6.1.4; 6.1.5
14 CFR: 121.363; 121.365; 121.367; 121.368
JAR OPS 1: 1.890
JAR OPS 3: 3.890
9.4.1.3 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 [STATE], an AMO or an equivalent system of maintenance shall be approved by the Authority.
(c) For aircraft not registered in [STATE], an AMO or an equivalent system of maintenance will be approved by the State of Registry of the aircraft, and such approval will 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, as appropriate.
Note: Under JAR-OPS an AOC holder performing its own maintenance is certified as an AMO, while under 14 CFR the current practice is that an AOC holder is authorised to perform its own maintenance under the AOC certificate without being designated separately as an AMO.
ICAO Annex 6: Part 1:  8.1.2, 8.1.3
ICAO Annex 6, Part III, Section II: 6.1.2; 6.1.3
14 CFR: 121.367
JAR-OPS 1: 1.875
JAR OPS 3: 3.175
9.4.1.4 MAINTENANCE CONTROL MANUAL
(a) Each [STATE] 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 organisation’s structure including:
(1) The accountable manager and designated person(s) responsible for the maintenance system as required by 9.2.2.2.
(2) Procedures to be followed to satisfy the maintenance responsibility of 9.4.1.2, except where the AOC holder is an AMO, and has the quality functions of 9.2.2.3.  Such procedures may be included in the AMO procedures manual.
(3) Procedures for the reporting of failures, malfunctions, and defects in accordance with 5.4.1.5, to the Authority, State of Registry and the State of Design 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, are—
(i) Primary structural failure;
(ii) Control system failure;
(iii) Fire in the aircraft;
(iv) Engine structure failure; or
(v) Any other condition considered an imminent hazard to safety.
(b) The AOC holder’s maintenance control manual shall contain the following information which may be issued in separate parts—
(1) A description of the administrative agreements between the AOC holder and the AMO, or a description of the maintenance procedures and the procedures for completing and signing a maintenance release when maintenance is based on a system other than that of an AMO;
(2) A description of the procedures to ensure each aircraft they operate is in an airworthy condition;
(3) A description of the procedures to ensure the emergency equipment for each flight is serviceable;
(4) The names and duties of the person or persons required to ensure that all maintenance is carried out in accordance with the maintenance control manual;
(5) A reference to the maintenance programme required in 9.4.1.12;
(6) A description of the methods for completion and retention of the operator’s maintenance records required by 9.4.1.8;
(7) A description of the procedures for monitoring, assessing and reporting maintenance and operational experience for all aircraft over 5,700 kg maximum certificated take-off mass;
(8) A description of the procedures for obtaining and assessing continued airworthiness information and implementing any resulting actions considered necessary by the State of Registry for all aircraft over 5,700 kg maximum certificated take-off mass, from the organisation responsible for the type design, ;
(9) A description of the procedures for implementing mandatory continuing airworthiness as required in 9.4.1.2(a)(5);
(10) A description of the procedures establishing and maintaining a system of analysis and continued monitoring of the performance and efficiency of the maintenance programme in order to correct any deficiency in that programme;
(11) A description of aircraft types and models to which the manual applies;
(12) A description of the procedures for ensuring that unserviceabilities affecting airworthiness are recorded and rectified; and
(13) A description of the procedures for advising the State of Registry of significant in-service occurrences.
(c) No person may provide for use of its personnel in commercial air transport any Maintenance Control Manual or portion of this manual which has not been reviewed and approved for the AOC holder by the Authority.
(d) See IS: 9.4.1.4 for an outline of specific subjects to be contained as appropriate in the AOC holder’s maintenance control manual.
Note:  In the FAA system, the maintenance control manual is usually referred to as the general maintenance manual; in JAR it is called the Maintenance Management Exposition.
ICAO Annex 6: Part 1, 8.2.1, 11.2
ICAO Annex 6, Part III, Section II: 6.2.1; 9.2
14 CFR: 121.369
JAR-OPS 1: 1.905
JAR OPS 3: 3.905
ICAO Doc 9760, Vol. I, Chapter 6, 6.5
ICAO Doc 9760, Vol. II, Chapter 8, Appendix B, 4.1
9.4.1.5 MAINTENANCE MANAGEMENT
(a) The AOC holder, approved as an AMO, may carry out the requirements specified in 9.4.1.2 (a)(2),(3),(5)and (6).
(b) If the AOC holder is not an AMO, the AOC holder shall meet its responsibilities under in 9.4.1.2 (a)(2),(3),(5)and (6) by using —
(1) An equivalent system of maintenance approved or accepted by the Authority; or
(2) 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.
Note: ICAO Doc. 9760, Appendix B to Chapter 6, Figure I-6B-5, contains a sample operations specification authorisation for contractual maintenance agreements.
(c) Each AOC holder shall employ a person or group of persons, acceptable to the Authority, to ensure that all maintenance is carried out to an approved standard such that the maintenance requirements of 9.4.1.2 and requirements of the AOC holder's maintenance control manual are satisfied, and to ensure the functioning of the quality system.
(d) Each AOC holder shall provide suitable office accommodation at appropriate locations for the personnel specified in paragraph (c).
(e) Each AOC holder shall establish a safety management system for the maintenance of aircraft that is accordance with the provisions of 9.2.2.11and that is acceptable to the authority.
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