1. AIRWORTHINESS OF AIRCRAFT
BDT AIR LAW

2. INTRODUCTION What is airworthiness?
Is the measure of an aircraft's suitability for safe flight.
Certification of airworthiness is initially conferred from a national aviation authority, and is maintained by performing the required maintenance actions.
"airworthy" - in respect of an aeronautical product, means in a fit and safe state for flight and in conformity with its type design
Lawnchair Larry, who took flight on July 2, 1982, in a homemade airship

3. Annex 18 Article 37 Chicago Convention:
“the International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with (e) Airworthiness of aircraft”

4. Annex 18 Article 37 Chicago Convention:
“the International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with (e) Airworthiness of aircraft”
The Annex 18 has 6 parts:
Part I: Definitions
Part II: Procedures for Certification and Continuing Airworthiness
Part III: Large Aeroplanes
Part IV: Helicopters
Part V: Small Aeroplanes
Part VI: Propellers

5. DOC 9760 This document is written to translate the Annex into action.
It serves both Annex 6 and 8.
Parts in the document focussing in Annex 8 are
Part II
Airworthiness Organization Structure and State Responsibilities:
Discuss the State airworthiness responsibility, the regulatory system, and the airworthiness organisation
Part III
Airworthiness of Aircraft, Supporting Guiding Materials:
Discuss the type of certification, production approval, aircraft registration, airworthiness certificate, export approval, special flights, continuing aircraft airworthiness, approved type design changes, approved type design repairs

6. ACTION BY CONTRACTING STATES
Contracting States are required to notify ICAO of any differences between their national regulations and practices and the International Standards contained in Annex18.
Use the Airworthiness Manual (Doc 9760) provided by ICAO as a guide to the State to develop the State’s detailed and comprehensive national codes.

7. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 1: Certificate of Airworthiness
Regulation 26: Certificate of airworthiness to be in force
No aircraft shall fly unless:
there is a certificate of airworthiness issued by the State in which the aircraft is registered; and
the aircraft complies with the conditions with the certificate issued.
Terms (a) and (b) are not applied to:
A glider if it is not being used for the public transport or aerial work
A balloon flying on a private flight
A kite.
An aircraft with permit from the DG
An aircraft flying under Condition A and B in Second Schedule

8. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Condition A
It is an aircraft which the certificate has previously been in force or identical in design with the one which certificate has be in forced.
The aircraft shall fly only for the purpose of enabling it to:
Qualify for renewal of its certificate or for validation of its modification.
Proceed to or from a place at which inspection, approval, test or weighing is to take place
The aircraft and its engines has been approved fit by an AME or by a person approved by DG.
The aircraft carry flight crew that can ensure the aircraft safety.
The aircraft shall not carry any passengers or cargo except persons performing duties.
The aircraft shall not fly over any congested area of a city, town or settlement except approved by the DG

9. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Condition B
The flight is supervision by a person approved by the DG
If the aircraft is not registered in Malaysia, it shall be marked in a manner approved by the DG and should comply with Malaysian regulations.
The aircraft shall fly only for the purpose of
testing the aircraft, engines, and its equipment
qualifying for certification or approval for modification
proceed to or from a place at which inspection, approval, test or weighing is to take place
The aircraft carry flight crew that can ensure the aircraft safety.

10. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 1: Certificate of Airworthiness
Regulation 27: Issue and renewal of certificate of airworthiness.
Only the DG can issue a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to:
the design, construction, workmanship and materials of the aircraft, engines and any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft;
the Airworthiness Notice issued by DCAM and also code of airworthiness certification and procedural requirements of FAR, BCAR, and JAR.
the results of flying trials and such other tests of the aircraft

11. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 1: Certificate of Airworthiness
Regulation 27: Issue and renewal of certificate of airworthiness
The DG may issue the certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as he thinks fit.
Every certificate shall specify the categories and shall be issued subject to the condition that the aircraft shall be flown (refer Third Schedule)

12. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT

13. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 1: Certificate of Airworthiness
Regulation 27: Issue and renewal of certificate of airworthiness
The DG, may render a valid airworthiness certificate in respect of any aircraft under the law of any State other than Malaysia.
The airworthiness certificate is valid for the period specified, and may be renewed by the DG for such further period as he thinks fit
The certificate shall cease to be in force-:
If the aircraft, or its equipment is overhauled, repaired or modified, or if any part or equipment is removed or replaced.
until the completion of any inspection or maintenance.
until the completion of any modification of the aircraft or equipment required for the purpose of ensuring that the aircraft remains airworthy.

14. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 2 : Maintenance of Aircraft
Regulation 28: Certificate of maintenance review
Although an aircraft has a airworthiness certificate, it shall not fly unless:
the aircraft, engine, equipment and radio station is maintained according to schedule approved by the DG; and
The aircraft has a certificate of maintenance review (CMR) which certify the date maintenance review was carried out and the date thereafter when the next review is due.

15. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 2 : Maintenance of Aircraft
Regulation 28: Certificate of maintenance review
A CMR may be issued by an AME or an authorised person by the DG or a person approved by the DG as being competent to issue the certificate
CMR cannot be issued unless:
maintenance has been carried out on the aircraft as per approved schedule.
inspections and modifications required have been completed
defects entered in the technical log have been rectified
certificates of release to service have been issued.
Each CMR shall be preserved by the operator of the aircraft for a period of two years after it has been issued.

16. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 2 : Maintenance of Aircraft
Regulation 29: Technical log.
A technical log shall be maintained in order to maintain certificate of airworthiness
Information required (Details in Schedule 7 MCAR):
the times when the aircraft took off and landed
particulars of any defect which affects the airworthiness or safe operation of the aircraft, or if no such defect
other particulars in respect of the airworthiness or operation of the aircraft as the DG may require
For any rectification of defects, a person issuing a certificate of release must enclose the certificate in the technical log.

17. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 2 : Maintenance of Aircraft

18. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 2 : Maintenance of Aircraft
Regulation 29: Technical log.
The technical log shall be carried in the aircraft copies shall be kept on the ground.
A technical log shall be preserved by the aircraft operator until a date two years after:
aircraft has been destroyed
has been permanently withdrawn from use,
such shorter period as the DG may permit in a particular case

19. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 2 : Maintenance of Aircraft
Regulation 31: Licensing of maintenance engineers.
DG has the power to issue an AMEL who is authorized to issue:
a certificate of maintenance review
a certificate of release to service in respect of such overhauls, repairs, replacement, modifications, maintenance and inspections
certificate of fitness for flight
The license issued shall remain in force for a period not exceeding two years and may be renewed as long as he is fit person and is qualified.

20. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 3 : Equipment of Aircraft
Regulation 32: Aircraft to be equipped.
An aircraft shall not fly unless it is equipped with equipment complying with the law of the State in which it is registered.
Schedule 5 in MCAR lists the equipment required for different type of aircraft and the scale of Equipment Required.
Regulation 33: Radio equipment of aircraft.
An aircraft shall not fly unless it is equipped with radio and radio navigation equipment complying with the law of the State in which it is registered.
Schedule 6 in MCAR list the requr

21. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 3 : Equipment of Aircraft
MCAR schedule 5 Table 4

22. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 3 : Equipment of Aircraft
MCAR schedule 5 Table 4

23. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 3 : Equipment of Aircraft
MCAR schedule 6

24. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 3 : Equipment of Aircraft
MCAR schedule 6

25. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 4 : General Provisions
Regulation 36: Aircraft weight schedule..
Every aircraft shall be weighed, and the position of its centre of gravity shall be determined
The operator of the aircraft shall prepare a weight schedule showing:
the basic weight of the aircraft when empty, together with the weight of unusable of fuel and unusable oil and equipment; and
the position of the centre of gravity of the aircraft when the aircraft contains only the items included in its basic weight.
the weight schedule must be kept by the aircraft operator until the expiration of a period of six months

26. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 4 : General Provisions

27. MCAR PART V: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Chapter 4 : General Provisions
Regulation 38: Certificate of approval for the design, manufacture or construction of aircraft, etc.
Any person engaged in any stage of design, manufacture, or construction of only aircraft, airframe or aircraft engine, propeller, part or appliance needs a certificate of approval.
Inspection will then be carried out at any time:
inspect any aircraft, airframe or aircraft engine, propeller, part or appliance;
inspect any process or system or any documents in connection with the activities to which the certificate relates;
conduct any test.