OVERSEAS TERRITORIES

AVIATION REQUIREMENTS
(OTARs)

Part 39
CONTINUED AIRWORTHINESS
REQUIREMENTS

Published by Air Safety Support International Ltd

© Air Safety Support International Limited 2019

First Issue - published for information June 2004

Second Issue – released for gazetting July 2005
Third Issue July 2006
Fourth Issue May 2007
Fifth Issue May 2007
Sixth Issue September 2009
Seventh Issue April 2011
Eighth Issue August 2013
Ninth Issue January 2015
Tenth Issue August 2017
Eleventh Issue January 2019

The definitive version of OTARs is that on the ASSI website www.airsafety.aero which should
be viewed to establish the issue version of each Part.

Enquiries regarding the content of this publication should be addressed to:

Air Safety Support International

The Portland Building
25 High Street
Crawley
West Sussex
RH10 1BG
United Kingdom

www.airsafety.aero
Continued Airworthiness Requirements Part 39 Page i

CHECKLIST OF PAGES

Page no Issue no Date

Title page 11 January 2019
Checklist of pages i 11 January 2019
Revisions ii 11 January 2019
iii 11 January 2019
Contents iv 11 January 2019
Subpart A 1 11 January 2019
2 11 January 2019
Subpart B 3 11 January 2019
4 11 January 2019
5 11 January 2019
6 11 January 2019
7 11 January 2019
8 11 January 2019
Subpart C 9 11 January 2019
10 11 January 2019
11 11 January 2019
12 11 January 2019
Subpart D 13 11 January 2019
14 11 January 2019
15 11 January 2019
16 11 January 2019
17 11 January 2019
Subpart E 18 11 January 2019
19 11 January 2019
Subpart F 20 11 January 2019

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REVISIONS

OTAR Issue OTAR Reference Subject

Issue 1 First issue published for information.

Issue 2 Second issue for gazetting. Change to title of Part
and to Purpose statement.
Issue 3 Substantial revision by the inclusion of the continued
airworthiness elements derived from the operational
OTARs and title change reflecting new scope of Part.
Issue 4 Addition of Subpart E and associated supporting
amendments throughout the OTAR Part. Reordering
of some paragraphs.
Issue 5 Correction of cross-references 39.1 and 39.61.

Issue 6 Minor changes taking account of current

airworthiness issues and consultation comments.
Addition of Subpart F approval relating to foreign
commercial operations of Territory-registered aircraft
under an ICAO Article 83bis agreement. There are
other minor changes to accommodate this new
Subpart.

Issue 7 Introduction of quality system, Accountable Manager,

removal of approval from Subpart F and minor
technical and editorial changes.
Issue 8 39.1(g) Amended Article reference numbers to align with
revision to AN(OT)O 2013.
39.61(h)(10) Instructions for CAW and data analysis of FDR and
CVR.
39.65(a) Added MSG-3 logic.
39.75 (a) Retention of records periods changed in line with
ICAO SARPs
39.75(b) Deleted from OTAR Part 39 due to being an
operational requirement.
39.91(b)(1) Changed to ‘approved by’.

Issue 9 39.57(b) Additional text to clarify that the OTAR 145

maintenance organisation shall conduct
maintenance in the case of Commercial air transport.
39.59 MCM Additional paragraph on the acceptance of existing
NAA approved manuals in an Option 2 approval.
Requirement for procedures to detail the process for
the applications for Permit to Fly Certificates.
Corrections to referenced OTAR Part 21 paragraph
numbers.
39.75 Requirements for the retention of records changed to
be consistent with ICAO standards and other NAA
standards.
39.79 Additional Technical Log items identified (as
applicable) ‘and’ deleted at the end of 39.79(a)(13).
39.81 Clarification of fleet weighing requirements.

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OTAR Issue OTAR Reference Subject

Issue 10 Change of ASSI’s address.

39.57(b) Arrangements for maintenance with a person not
under the authorisation of an OTAR Part 145
Organisation.
39.59(h)(2) Reference error corrected.
39.95 Deletion of 24 months concerning approval validity.

Issue 11 39.57(f) Permit to Fly terminology changed to align with

39.59(g)(2) changes to Part 21 Subpart P.
39.55(g)(1) Complex aircraft terminology changed to align with
ICAO terminology to add “for operators of
aeroplanes over 5,700kg or Helicopters over 3,175kg
maximum certified take off mass” and all turbine
powered aircraft.

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Contents

CHECKLIST OF PAGES ............................................................................................................... i

REVISIONS .................................................................................................................................... ii
SUBPART A — GENERAL ........................................................................................................... 1
39.1 PURPOSE ...................................................................................................... 1
39.3 DEFINITIONS .................................................................................................. 2
SUBPART B — CONTINUED AIRWORTHINESS MANAGEMENT ............................................ 3
39.51 MANAGEMENT PERSONNEL ............................................................................. 3
39.53 GENERAL CONTINUED AIRWORTHINESS ARRANGEMENTS .................................. 3
39.55 MANAGEMENT RESPONSIBILITIES .................................................................... 4
39.57 GENERAL MAINTENANCE ARRANGEMENTS ....................................................... 6
39.59 MAINTENANCE CONTROL MANUAL .................................................................. 6
SUBPART C — INSPECTION REQUIREMENTS ........................................................................ 9
39.61 MAINTENANCE PROGRAMME ........................................................................... 9
39.63 MAINTENANCE PROGRAMME APPROVAL........................................................... 10
39.65 CONDITION MONITORED AND RELIABILITY MAINTENANCE PROGRAMMES ............. 11
39.67 AIRWORTHINESS DIRECTIVES APPLICABILITY ................................................... 12
39.69 AIRWORTHINESS DIRECTIVES COMPLIANCE ..................................................... 12
39.70 CONTINUED AIRWORTHINESS IMPROVEMENTS.................................................. 12
39.71 ALTERNATIVE MEANS OF COMPLIANCE WITH MANDATORY CONTINUED
AIRWORTHINESS REQUIREMENTS .................................................................... 12
SUBPART D — AIRCRAFT RECORDS ....................................................................................... 13
39.73 MAINTENANCE AND CONTINUED AIRWORTHINESS RECORDS .............................. 13
39.75 RETENTION OF RECORDS ............................................................................... 14
39.77 TRANSFER OF MAINTENANCE RECORDS ........................................................... 15
39.79 TECHNICAL LOG ............................................................................................. 15
39.81 MASS AND BALANCE ...................................................................................... 16
39.83 ALTERNATIVE CONFIGURATIONS ..................................................................... 17
39.85 CERTIFICATION .............................................................................................. 17
SUBPART E — CONTINUED AIRWORTHINESS MANAGEMENT APPROVAL ....................... 18
39.87 APPLICABILITY ............................................................................................... 18
39.89 STANDARDS .................................................................................................. 18
39.91 ISSUE ............................................................................................................ 18
39.93 PRIVILEGES OF APPROVAL HOLDER ................................................................. 19
39.95 DURATION OF APPROVAL ................................................................................ 19
39.97 NOTIFICATION OF CEASING APPROVAL ACTIVITY ............................................... 19
39.99 RENEWAL OF APPROVAL................................................................................. 19
39.101 CONTINUED COMPLIANCE ............................................................................... 19
SUBPART F — CONTINUED AIRWORTHINESS MANAGEMENT IN ASSOCIATION WITH AN ICAO
ARTICLE 83BIS AGREEMENT .................................................................................................... 20
39.103 APPLICABILITY ............................................................................................... 20
39.105 STANDARDS .................................................................................................. 20
39.107 COMPLIANCE ................................................................................................. 20

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Subpart A — General

39.1 Purpose
(a) This Part details the requirements governing aircraft registered in the
Territory and issued with an airworthiness certificate under OTAR Part 21
Subpart E and any aeronautical product associated with those aircraft.

(b) The holder of an air operator’s certificate or the owner or lessee of an aircraft
above 2,700 kg MTOM shall have arrangements for continued airworthiness
management in accordance with the requirements of Subpart E of this OTAR
Part.

(c) The requirements of this OTAR Part cover the grant and renewal of
continued airworthiness inspection programmes and management approvals.
These are the approval options under this OTAR Part:

(1) Subpart E Option 1: the approval of an organisation based on the

acceptance of the European Aviation Safety Agency (EASA)
requirements of Part M Subpart G and the EASA regulatory oversight
of that organisation.

(2) Subpart E Option 2: the approval of an organisation that does not hold
an approval identified in paragraph 39.1(c)(1).

(d) Subpart F is a standard of continued airworthiness management required for

Territory-registered aircraft operating under a foreign air operator certificate
and subject to an ICAO Article 83bis agreement with the Territory.

(e) Throughout this OTAR Part reference is made to the options identified in
paragraph 39.1(c)(1) and (2). The options are not at the discretion of an
applicant but are routes that depend on the existing approval status of an
organisation and are determined by the Governor.

(f) These requirements are not in themselves Law. Failure to comply may not
constitute an offence. However, the requirements reproduce many of the
provisions of the Air Navigation (Overseas Territories) Order (“the Order”).
Therefore, failure to comply with these Requirements may:

(1) constitute a breach of the Order; and

(2) result in proceedings for breaches of the Order; or

(3) result in the refusal of an application for renewal of an approval; or

(4) result in action to suspend or revoke an approval.

(g) The Order details the legal obligations governing the continued airworthiness
of aircraft on the Territory’s register. The Order specifies these obligations in
rather general terms, therefore there is a provision in the Order which
requires the Governor to publish Requirements to augment, amplify and
detail more precisely the manner in which these obligations shall be met. The
Requirements are the means by which the operator or maintenance
organisation will be able to satisfy the Governor as to the fulfilment of the
obligations in respect of continued airworthiness and the entitlement of the
holder to hold and exercise the privileges of a certificate, licence or approval.

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(h) Other OTAR Parts, in addition to that referred to in this Part, may impinge
upon activities conducted under this Part. In particular, Part 1 contains
definitions, which apply, unless otherwise stated, to all Parts. A full list of
OTAR Parts, a description of the legislative structure and the place of OTARs
and OTACs within it can be viewed on the ASSI website www.airsafety.aero.
OTACs relevant to this Part can be viewed at:
https://www.airsafety.aero/Requirements-and-Policy/OTACs.aspx.

(i) References to the Governor in this OTAR Part mean the regulator
designated by the Governor of the Territory to exercise his functions under
the Order.

39.3 Definitions
Definitions, in the context of this Part of the OTARs shall have the meanings listed
in OTAR Part 1 (Definitions, Abbreviations and Units of Measurement); except that:

Principal Contract means a contract established to discharge all functional

responsibilities of continued airworthiness management to an organisation
appropriately approved under this OTAR Part.

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Subpart B — Continued Airworthiness Management

39.51 Management personnel

(a) Except where provided in paragraph 39.51(b), the owner or, where it is
leased, the lessee of an aircraft registered in the Territory shall appoint a
person acceptable to the Governor and known as the Technical Co-ordinator
who will ensure that appropriate arrangements for continued airworthiness
management required by this OTAR Part are in place.

(b) Each holder of an air operator’s certificate shall appoint a post holder under
the requirements of OTAR Part 119 within its organisation who will be
responsible for the continued airworthiness management of the operator’s
aircraft as required by this OTAR Part.

(c) The appointed post-holder for continued airworthiness of Territory registered

aircraft operating under a foreign air operator’s certificate and the provisions
of an ICAO Article 83bis agreement shall establish and maintain
arrangements for the continued airworthiness management of the Territory
registered aircraft as required by Subpart F of this OTAR Part.

39.53 General continued airworthiness arrangements

(a) The holder of an air operator’s certificate or the owner or lessee of an aircraft
above 2,700 kg MTOM shall have arrangements for continued airworthiness
management to the requirements of Subpart E of this Part.

(b) The Technical Co-ordinator identified in paragraph 39.51(a) shall ensure that
suitable arrangements for continued airworthiness management by either:

(1) holding an approval granted by the Governor to the requirements of

Subpart E of this Part; or

(2) a Principal Contract between the operator and an organisation that

holds an appropriate approval granted by the Governor to the
requirements of Subpart E of this Part.

(c) The person identified in 39.51(b) shall ensure that suitable arrangements for
continued airworthiness management are in place by either:

(1) the AOC holder being approved by the Governor to the requirements of
Subpart E of this Part; or

(2) a Principal Contract between the AOC holder and an organisation that
holds an appropriate approval granted by the Governor to the
requirements of Subpart E of this Part.

(d) The appointed post-holder identified in 39.51(c) shall ensure that suitable
arrangements for continued airworthiness management are in place to a
standard equivalent to Subpart F of this Part.

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39.55 Management responsibilities

The personnel identified in paragraph 39.51 are responsible for ensuring that the
certificate of airworthiness continues to remain valid by suitable arrangements
made in accordance with in paragraph 39.53 that also ensure that:

(a) the aircraft, including its airframe, engines(s), propellers, appliances,

emergency equipment and operational equipment, is maintained in an
airworthy condition; and

(b) all scheduled maintenance is performed in accordance with a maintenance

programme approved by the Governor; and

(c) appropriate contracted maintenance arrangements are made acceptable to

the Governor; and

(d) no person certifies maintenance on the aircraft other than as prescribed in

OTAR Part 43; and

(e) any defects and unserviceabilities are rectified or deferred in accordance with
OTAR Part 91.610(a) prior to flight or, as permitted by OTAR Part 91.610(b),
are rectified, repaired or, where approved data so provides, the
equipment/instrument is removed at or before the next inspection required by
the applicable approved maintenance programme; and

(1) as applicable for aircraft subject to reliability analysis, a verification of

the associated aircraft system’s functional reliability is undertaken to
ensure the certification basis of the MEL/CDL is not compromised; and

(2) repetitive defects are identified and controlled in accordance with

procedures approved in the maintenance control manual; and

(3) procedures are in place for the notification of any MEL/CDL limitations
to the operating crew; and

(4) procedures are established for the subsequent control of required

rectification intervals; and

(f) applicable mandatory continued airworthiness requirements are complied

with within the prescribed period; and

(g) for operators of aeroplanes over 5,700 kg or Helicopters over 3,175 kg

maximum certified take off mass and all turbine powered aircraft:

(1) there are suitable arrangements in place to obtain and assess relevant
continuing airworthiness information and recommendations from the
organisation responsible for the type design and any applicable
accomplished major design changes; and

(2) any required technical and reliability assessments are undertaken and
reports of aircraft continued airworthiness status are made by
arrangements acceptable to the Governor; and

(3) applicable continued airworthiness data is reviewed for the

determination of any required actions to be taken and records of such
reviews are maintained; and

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(h) repairs are carried out and approved in accordance with OTAR Part 21
Subpart M that, wherever possible, do not impose further continued
airworthiness requirements; and

(i) design changes are carried out and approved in accordance with OTAR Part
21 Subpart C and any continued airworthiness requirements arising from
them are incorporated in the aircraft maintenance programme; and

(j) suitable arrangements, acceptable to the Governor, are made for the regular
development of the maintenance programme to ensure effective continued
airworthiness of the applicable aircraft; and

(k) any applicable continued airworthiness data is made available to those

involved in the maintenance of the aircraft; and

(l) procedures prescribed in any applicable maintenance control manual are

complied with; and

(m) any required technical despatch procedures for special operations approved
by the Governor are complied with; and

(n) for any aircraft having systems utilising Field Loadable Software and
Database Field Loadable Data, controlling procedures acceptable to the
Governor are in place to ensure that:

(1) Field Loadable Software uploads are accomplished in accordance with

the approval requirements of OTAR Part 21 Subpart C; and

(2) Database Field Loadable Data is controlled and transferred in

accordance with the equipment manufacturer’s instructions; and

(o) continued airworthiness records are maintained in accordance with Subpart

D of this OTAR Part; and

(p) occurrence reporting is accomplished to the requirements of OTAR Part 13

and appropriate investigations are undertaken to safeguard the aircraft and
that of any other, records of such investigations any actions taken shall be
reported as required by OTAR Part 13; and

(q) where applicable, there are suitable procedures acceptable to the Governor
for the control of aircraft, product and component leasing; and

(r) up-to-date mass and balance records are maintained that reflect the
approved configuration of the aircraft; and

(s) arrangements are made for technical liaison with applicable type design
organisations, operators and maintenance organisations to address any
airworthiness issues such as faults, malfunctions, defects, any required
inspection task reporting and inaccurate/misleading airworthiness data; and

(t) liaison meetings are held in compliance with any applicable reliability
monitoring programme requirement.

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39.57 General maintenance arrangements

(a) Except as permitted by paragraph 39.57(b), arrangements for maintenance
of aircraft with a MTOM of 2700 kg or above, shall be established by a
suitable contract with an appropriately approved OTAR Part 145
maintenance organisation.

(b) In the case of an aircraft not operated for commercial air transport, a person
holding an authorisation to perform maintenance on the aircraft issued by the
Governor may perform maintenance in accordance with the requirements of
OTAR Part 43.

(c) The annual maintenance check or that specified in the approved

maintenance programme for aircraft below 2,700kg MTOM and operating for
commercial air transport purposes shall be undertaken by an appropriately
approved OTAR Part 145 maintenance organisation.

(d) The maintenance contract shall specify:

(1) a clear description of the work required of the maintenance

organisation or person that takes account of human factors; and

(2) that a fatigue management system shall be in place to ensure that any
person involved in the maintenance of the operator’s aircraft is not
fatigued; and

(3) the applicable Maintenance Control Manual including any operator

specific maintenance control procedures that are to be followed; and

(4) the operator contact information; and

(5) details of any supplied maintenance data including its revision status
and applicability.

(e) Persons signing a Certificate of Release to Service shall be appropriately

authorised in accordance with the requirements specified in OTAR Part 43
Subpart C.

(f) Aircraft to be operated under a Permit to Fly or a Special Flight Permit

granted by the Governor under the requirements of OTAR Part 21 Subpart P
shall have maintenance arrangements acceptable to the Governor as
required by that OTAR Subpart.

39.59 Maintenance Control Manual

(a) The Maintenance Control Manual forms the basis for an approval prescribed
in paragraph 39.89(a) and (b) and is subject to approval by the Governor. It
shall be in the English language; the content shall be representative of the
organisation and it shall address compliance with the applicable
requirements of this OTAR Part.

(b) Where an organisation is approved under the requirements of Option 2

identified in paragraph 39.89(b), organisation documents such as a General
Maintenance Manual approved by an NAA listed in OTAR Part 21.25(a) may
be acceptable provided that suitable cross references to the requirements of

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this OTAR Part are provided. Any OTAR Part 39 requirements not detailed in
the existing organisation documentation shall be detailed in a separate
OTAR Part 39 Supplement.

(c) Where an organisation is approved under the requirements of Option 1

identified in paragraph 39.89(a), combined organisation documents such as
EASA CAME may be acceptable provided suitable cross references to the
requirements of this OTAR Part are provided.

(d) The Maintenance Control Manual shall contain details of the accountable
manager and a corporate commitment to compliance with applicable OTARs.

(e) The Maintenance Control Manual shall be approved by the Governor and
amendments shall be either:

(1) approved by the Governor; or

(2) be approved by the organisation in accordance with a procedure

approved by the Governor; and

(3) be made available to personnel at all locations where access to that

material may be required either in hard copy or electronic format in a
manner acceptable to the Governor.

(f) The Maintenance Control Manual shall take account of human factors, a
fatigue management system and contain details of continuation training for
all personnel involved in airworthiness management.

(g) The Maintenance Control Manual shall contain the necessary procedures for
applicable continued airworthiness management functions prescribed in
paragraph 39.55 and 39.57 to:

(1) ensure the continued airworthiness of the managed aircraft and ensure
the continued validity of the Certificates of Airworthiness; and

(2) as appropriate, where the Certificate of Airworthiness is not in force, to

ensure that processes are established and authorised individuals
nominated for the control of applications to the Governor for Special
Flight Permits.

(h) The organisation shall establish a safety and quality policy for the
organisation to be included in the MCM that shall detail:

(1) a quality system that includes independent audits to monitor the

adequacy of procedures and to ensure that the organisation functional
responsibilities are discharged effectively; and

(2) a quality feedback reporting system to the person or group of persons

specified in paragraph 39.51 and ultimately to the accountable
manager; and

(3) procedures to ensure that proper and timely corrective action is taken
in response to reports resulting from the independent audits.

(i) in small organisations of fewer than 5 people the independent audit part of
the quality system may be contracted to another OTAR Part 39 approved
organisation or a person with appropriate technical knowledge and proven
satisfactory audit experience, in a manner acceptable to the Governor.

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(j) Procedures shall be established for a regular review of the MCM to ensure
that it remains effective in maintaining aircraft in an airworthy condition.

(k) All amendments shall be made in a timely manner and the amendment
status of each document shall be readily identifiable by personnel. Obsolete
material shall be removed promptly from all points of issue or use, and
controls shall be in place to preclude the use by personnel of superseded
material.

(l) The Maintenance Control Manual shall contain details of:

(1) the available facilities; and

(2) personnel including their duties and responsibilities; and

(3) any computer based systems and data to be utilised for the purpose of
continued airworthiness management.

(m) The Maintenance Control Manual shall contain details of any subcontracted
activities.

(n) Where the organisation is to be approved for the purpose of undertaking an

aircraft airworthiness review required by OTAR Part 21.175(b), detailed
procedures shall be established for compiling suitable reports to the
Governor and shall include the identification of personnel authorised to
submit such reports.

(o) The Maintenance Control Manual shall contain details of personnel

nominated to certify an airworthiness status report as required by OTAR Part
21.175(d) in relation to the C of A.

(p) The capability and scope of the approval shall be recorded in the MCM.

(q) The Maintenance Control Manual shall contain a list of definitions and
acronyms used.

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Subpart C — Inspection Requirements

39.61 Maintenance programme

(a) Aircraft granted a certificate of airworthiness under the requirements of
OTAR Part 21 Subpart E shall be maintained in accordance with a
maintenance programme approved by the Governor.

(b) The maintenance programme and any amendments require approval by the
Governor for each aircraft, and shall include details of the maintenance of the
aircraft, engines, propellers, rotors, appliances and emergency equipment
items.

(c) The maintenance programme shall reference the required inspection

standards, practices and procedures that shall be at least equivalent to the
Type Certificate holder’s scheduled maintenance requirements.

(d) Any schedule of inspections/tests required by any approved programme

amendment shall be introduced in a controlled manner to ensure the
continued airworthiness of the aircraft.

(e) Consideration shall be given to human performance within the maintenance

programme including the format of the maintenance programme document,
maintenance task breakdown and combined maintenance tasking,
particularly safety critical tasks which shall be identified in the maintenance
programme.

(f) The maintenance programme shall readily identify any certification inspection
tasks and other significant continued airworthiness inspection tasks that are
the subject of specific control and mandated by the applicable State of Type
Certification, as referred to in OTAR Part 21.19(a), such as but not limited to:

(1) Supplemental Structural Inspection Document;

(2) Fuel Tank Safety Inspections;

(3) Ageing Aircraft;

(4) Widespread Fatigue Damage;

(5) Electrical Wiring Interconnection Systems (EWIS).

(g) Each maintenance programme approval holder shall make any revisions to
the maintenance programme as required by the Governor and any applicable
mandatory amendments promulgated by the Type Certificate holder or its
NAA to satisfy the continuing airworthiness requirements for the aircraft.

(h) The maintenance programme including any amendments shall be produced

in the English language, be readily available and shall contain within it:

(1) an explanation of the programme, including the continuity of inspection

responsibility, procedures for making any required reports and
technical reference material; and

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(2) instructions and procedures for the implementation of inspection tasks

for the particular aircraft type, taking account of the aircraft modification
status and any repairs that have associated instructions for continued
airworthiness; and

(3) an inspection schedule for performing the inspections required by the

programme expressed in terms of the total time in service, cycles,
calendar time, number of system operations, or any combination of
these; and

(4) for a progressive inspection programme, an inspection schedule that

provides for the complete inspection of the aircraft within each 12
month period or is consistent with:

(i) the manufacturer’s recommendations; and

(ii) the operator’s service experience; and
(iii) the type of operation in which the aircraft is engaged; and
(iv) the utilisation of the aircraft in terms of hours and cycles or a
combination thereof.

(5) instructions, taking account of detailed technical justification, for

altering and gaining approval for a change of inspection intervals or a
maintenance process because of service experience; and

(6) instructions for varying an inspection interval under exceptional

circumstances taking account of overriding mandatory requirements
and maintenance programme inspection requirements referred to in
paragraphs 39.61(e) and (f); and

(7) sample inspection forms, reports and instructions for their use; and

(8) procedures for maintenance trend analysis if the programme utilises

condition monitored maintenance or information derived from health
and usage monitoring systems; and

(9) inspection requirements required for approved special operations; and

(10) instructions for continued airworthiness including inspection and

analysis of any installed Flight Data Recorder (FDR) and/or Cockpit
Voice Recorder (CVR) in accordance with instructions from the Type
Certificate holder. If the Type Certificate holder has not provided
specific requirements, the limitations specified in ICAO Annex 6 Part I,
II, or III, as applicable shall prevail; and

(11) a list of definitions and acronyms used.

39.63 Maintenance programme approval

(a) Each applicant for the approval of a maintenance programme shall apply to
the Governor for approval.

(b) The application for approval of the maintenance programme shall contain, or
references shall be made to, the following information:

(1) the name and address of the owner or lessee or the holder of an air
operator’s certificate; and

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(2) the maintenance status of the aircraft prior to the commencement of

the programme; and

(3) the means of introducing the programme; and

(4) technical justification relating to the anticipated utilisation of the aircraft,

inspection intervals and procedures for inspection task management;
and

(5) a copy of the maintenance programme either in hard copy or electronic

format in a manner acceptable to the Governor; and

(6) copies of any other supporting documents, such as condition monitored

maintenance activities, structural integrity programmes, engine off-wing
maintenance programmes, fuel tank safety inspection programmes;
and

(7) the aircraft designation, serial number and registration mark for each
aircraft that is subject to the programme; and

(8) any further particulars relating to the programme and applicant as may
be required by the Governor.

39.65 Condition monitored and reliability maintenance

programmes
(a) Where the manufacturer of aircraft, engines and propellers prescribe MSG-3
logic, condition monitoring, or health and usage monitoring systems these
shall form part of the maintenance programme approved by the Governor
under paragraph 39.63.

(b) Appropriate procedures acceptable to the Governor shall be established for

any applicable condition monitoring or reliability or health and usage
monitoring systems referred to in paragraph 39.65(a).

(c) Where data gathering is required, the following shall form the basis of an
acceptable programme:

(1) aircraft utilisation; and

(2) pilot reports; and

(3) aircraft mechanical delays and cancellations; and

(4) unscheduled engine shutdowns; and

(5) unscheduled engine removals; and

(6) unscheduled component removals; and

(7) confirmed component failures; and

(8) occurrences.

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39.67 Airworthiness Directives applicability

(a) Except as provided for in paragraph 39.67(b), the airworthiness directives
applicable under this Part are those airworthiness directives or equivalent
mandatory continued airworthiness requirements:

(1) prescribed for that aircraft or product by the State of type certification
on which Type Acceptance Certification rests; and

(2) any prescribed by the state of certification of an applicable approved

design change.

(b) Compliance with alternative or additional airworthiness directives may be

required as a condition of issue or continuity of the Type Acceptance
Certificate.

39.69 Airworthiness Directives compliance

An aircraft shall not be released to service unless for each applicable airworthiness
directive:

(a) compliance can be demonstrated with the specified compliance criteria; or

(b) an alternative means of compliance has been approved under paragraph

39.71.

39.70 Continued airworthiness improvements

An aircraft holding a Certificate of Airworthiness granted in the Territory shall
comply with the special conditions of Type Acceptance referred to in OTAR
Part 21.19(a) for any additional requirements of continued airworthiness.

39.71 Alternative means of compliance with mandatory continued

airworthiness requirements
An alternative means of compliance may be proposed for the Governor’s approval
provided that the regulatory authority of the Contracting State that issued the
original requirement has accepted the alternative compliance proposal.

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Subpart D — Aircraft Records

39.73 Maintenance and continued airworthiness records

(a) The owner or, where it is leased the lessee, of an aircraft or the holder of an
air operator’s certificate shall make provision for the retention of aircraft
engine and propeller log books recording at least the following:

(1) maintenance records; and

(2) airworthiness records of compliance with airworthiness directives and

scheduled maintenance requirements; and

(3) records of modifications and repairs; and

(4) life component records.

(b) Maintenance records shall be of sufficient detail to establish the full content
of the maintenance activity undertaken and shall include all relevant
supporting information, such as component replacement service life records.

(c) Records shall be of sufficient detail to demonstrate the airworthiness status

of the aircraft at all times and shall include:

(1) a description of maintenance tasks including references to the

applicable approved technical data; and

(2) the date of completion of all scheduled maintenance tasks and

reference to the approved maintenance programme; and

(3) the signature, and authorisation reference of the person certifying the
aircraft for return to service; and

(4) the total time in service by the specified time control basis of the
airframe, each engine, each propeller, and each rotor and installed
equipment; and

(5) the current status of lifed parts/components of each airframe, engine,

propeller, rotor and appliance with referenced to the specified time
interval basis required by paragraph 39.61(h)(3); and

(6) the time since last overhaul of all items installed on the aircraft which
are required to be overhauled on a specified time basis; and

(7) the current maintenance status of the aircraft, including the time since
the last inspection required by the maintenance programme under
which the aircraft is maintained; and

(8) the current status of each applicable airworthiness directive including:

(i) the airworthiness directive number; and

(ii) the revision date; and
(iii) the means of compliance; and
(iv) and if the airworthiness directive involves recurring action, the
time and date when the next action is required; and

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(9) a list of all design changes and repairs to each airframe, engine,
propeller, rotor and appliance including substantiation data required by
OTAR Part 21.73; and

(10) a record of all airframe damage that shows each damage site with a
reference to a certified assessment to approved data supporting
continued aircraft operation; and

(11) a record of any defects or maintenance activities requiring rectification

action to restore the aircraft to an airworthy condition.

(d) The records shall be kept in hard copy form or in electronic coded form
provided that this form allows for the preservation and retrieval of information
in a manner acceptable to the Governor.

(e) Any additional worksheets, documents, technical logs or other

documentation associated with the maintenance of the aircraft shall be
referenced in the relevant log books and will become part of the maintenance
records for retention of records purposes.

39.75 Retention of records

(a) The owner, or where it is leased the lessee, of an aircraft or the holder of an
air operator’s certificate shall retain maintenance and continued
airworthiness records as follows:

(1) for a minimum period of 12 months after the unit to which they refer has
been permanently withdrawn from service:

(i) the total time in service (hours, calendar time and cycles, as
appropriate) of the aeroplane and all life-limited components; and

(ii) the current status of compliance with all mandatory continuing

airworthiness information; and

(iii) appropriate details of modifications and repairs; and

(iv) the time in service (hours, calendar time and cycles, as

appropriate) since the last overhaul of the aeroplane or its
components subject to a mandatory overhaul life; and

(v) the current status of the aeroplane’s compliance with the

maintenance programme.

(2) for all detailed maintenance records in respect of the aircraft and any
service life-limited component fitted thereto, not less than 24 months
after the aircraft been released to service in respect of that
maintenance or until the information contained therein is superseded
by new information equivalent in scope and detail, whichever is the
longer time.

(3) the current status of compliance with the maintenance programme;

such that compliance with the approved aircraft maintenance
programme can be established, at least until the aircraft or component
scheduled maintenance has been superseded by other scheduled
maintenance of equivalent work scope and detail.

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(b) The owner, or where it is leased the lessee, of an aircraft or the holder of an
air operator’s certificate required by paragraph 39.79(a) to provide a
Technical Log shall ensure that arrangements are established for the
subsequent transmittal of sector record pages to the organisation responsible
for the continued airworthiness of the aircraft.

39.77 Transfer of maintenance records

(a) Each holder of a Territory Certificate of Registration for an aircraft
transferring registration to another person under OTAR Part 47 shall, at the
time of transfer of registration, transfer to that person all relevant
maintenance records and records of continued airworthiness.

(b) In the event of a temporary change of operator, the relevant maintenance

records and records of continued airworthiness shall be made available to
the new operator.

39.79 Technical log

(a) The holder of an air operator’s certificate, owner or, where it is leased the
lessee, of an aircraft above 2,700 kg MTOM or turbine powered shall provide
a technical log for the aircraft which has provision for recording at least the
following, as applicable:

(1) the name of the operator; and

(2) the registration and designation of the aircraft; and

(3) record of aircraft utilisation including total time (daily, hours, cycles
sectors) as applicable; and

(4) records of fuel and oil; and

(5) the maintenance status of the aircraft, the identity of the next scheduled
inspection, including date/hours/cycles at which any other out of phase
maintenance/inspection is required; and

(6) any defects or abnormal occurrences found by the pilot during or

following a flight; and details of rectification of defects occurring
between scheduled inspections including the certificate of release to
service for any rectification; and

(7) details of any deferred rectification including any inoperative equipment

with which the aircraft is permitted to be flown under the applicable
OTAR Parts relating to the operation of the aircraft; and

(8) records for special operations such as AWOPs and ETOPs; and

(9) the information required by the applicable OTAR Parts relating to the
operation of the aircraft; and

(10) the time when ground de-icing and/or anti-icing was started and the
type of fluid applied, including fluid/water mixture ratio; and

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(11) the time spent in particular engine power ranges where the use of such
engine power affects the life of the engine or engine module; and

(12) the number of landings where landings affect the life of an aircraft or
aircraft component; and

(13) flight pressure cycles where such cycles affect the life of an aircraft of
aircraft component.

(b) The content of the Technical Log may be altered from that in paragraph
39.79(a) if alternative methods of recording this data acceptable to the
Governor are used.

(c) The Technical Log shall be kept in hard copy form or in electronic coded form
provided that this form allows for the preservation and retrieval of information
in a manner acceptable to the Governor.

39.81 Mass and Balance

(a) An aircraft is to be weighed:

(1) at intervals not exceeding 5 years or, where the aircraft is part of an
operator’s fleet weighing programme accepted by the Governor, at
intervals specified by that programme; and

(2) whenever alterations affecting mass and balance of the aircraft are
made that exceed the limits for computed mass and balance changes
advised by the aircraft type certificate holder.

(b) Records of aircraft mass and balance shall be maintained in a manner

acceptable to the Governor and reflect the modification and repair status by:

(1) calculations where approved data is available for incorporated design

changes; and

(2) by periodic weighing of aircraft as prescribed in the applicable

approved aircraft maintenance programme.

(c) The basic record of aircraft empty mass shall be that defined by the Type
Certificate holder and any approved configuration.

(d) Any item installed not forming part of the Type Design shall be entered in an
equipment list with its associated weight and moment and shall constitute
part of the aircraft’s mass and balance report.

(e) Following any change made to the empty mass of the aircraft or its centre of
gravity, an entry shall be made in the aircraft log book or other aircraft record
acceptable to the Governor before the next flight and shall include details of:

(1) the change; and

(2) the effective date of the change; and

(3) the weight and moment arm of each item installed or removed.

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(f) Subject to the requirement of paragraph 39.81(b) the particulars of any

changes to the empty mass of the aircraft shall be transcribed into the
aircraft’s empty weight and balance report.

39.83 Alternative configurations

Where an aircraft is operated in more than one configuration, a separate mass and
balance report shall be provided for each configuration and shall contain:

(a) details of the differences from the basic aircraft configuration; and

(b) the empty mass and centre of gravity for the configuration; and

(c) the approved modification details supporting the configuration.

39.85 Certification
(a) All mass and balance reports shall be certified by an authorised person
responsible for compiling the report.

(b) Alternative configurations and changes made to the aircraft empty mass shall
be certified with an appropriate maintenance release recording:

(1) where applicable the specific configuration; and

(2) details of the approved modification; and

(3) the amendment made to the aircraft’s empty mass and balance report.

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Subpart E — Continued Airworthiness Management Approval

39.87 Applicability
(a) Organisations that undertake continued airworthiness management of aircraft
registered in the Territory shall hold an appropriate approval granted by the
Governor under the requirements of this OTAR Part.

(b) Organisations to which this Subpart applies are:

(1) each holder of an air operator’s certificate issued under OTAR Part
119; or

(2) the Technical Co-ordinator identified in 39.51(a); or

(3) organisations which are the subject of a Principal Contract as

prescribed in paragraph 39.53(b)(2) and 39.53(c)(2).

39.89 Standards
(a) Option 1: Organisations approved by EASA to undertake continued
airworthiness management of aircraft to the requirements of EASA Part M
Subpart G as amended.

(b) Option 2: Organisations or AOC holders seeking approval under this option
shall comply with the provisions for an applicable Maintenance Control
Manual prescribed in paragraph 39.59 that is acceptable to the Governor.

39.91 Issue
(a) Option 1: an organisation holding an approval identified in paragraph
39.89(a) may be approved under this Subpart subject to:

(1) the EASA approval remaining valid; and

(2) the organisation holding an applicable rating and scope of approval;

and

(3) the organisation having a Maintenance Control Manual prescribed in

paragraph 39.59 that is approved by the Governor; and

(4) the organisation complying with the relevant requirements of OTARs.

(b) Option 2: an organisation not holding a valid approval described in paragraph

39.89(a) may be approved under this Subpart subject to:

(1) the organisation having a maintenance control manual prescribed in

paragraph 39.59 that is approved by the Governor; and
(2) compliance with applicable requirements of this OTAR Part; and

(3) the organisation complying with the relevant requirements of OTARs.

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39.93 Privileges of approval holder

(a) The approval certificate shall specify the actual scope of approval activity
granted and shall specify the aircraft types for which approval has been
granted.

(b) In respect of an approval granted under Option 1, the actual scope of

approval activity granted by the Governor may exceed that granted by EASA
if existing approval ratings are considered comparable.

39.95 Duration of approval

(a) An approval may be granted or renewed for a period determined by the
Governor.

(b) An approval remains in force until it expires or is suspended or revoked.

(c) The holder of an approval that is revoked or suspended shall forthwith

surrender the certificate to the Governor.

39.97 Notification of ceasing approval activity

(a) Each holder of an approval that ceases to offer continued airworthiness
management services shall notify the Governor in writing within 30 days of
the date of cessation.

(b) The notification required by paragraph 39.97(a) shall include a request for
revocation of the approval.

39.99 Renewal of approval

The holder of the approval shall make an application for the renewal of a continued
airworthiness management approval to the Governor not less than 30 days before
the approval expires.

39.101 Continued compliance

Each holder of a Continued Airworthiness Management organisation approval
shall:

(a) hold at least one complete and current copy of its maintenance control
manual; and

(b) comply with all procedures detailed in its maintenance control manual; and

(c) make each applicable section of its maintenance control manual available to
personnel who require those sections to carry out their duties; and

(d) continue to meet the standards and comply with the requirements of this
OTAR Part; and

(e) in respect of an Option 1 approval, maintain the EASA approval validity

including the applicable rating and scope.

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Subpart F — Continued airworthiness management in

association with an ICAO Article 83bis agreement

39.103 Applicability
(a) Organisations that undertake continued airworthiness management of aircraft
registered in the Territory and operated under an ICAO Article 83bis
agreement shall have arrangements for the continued airworthiness
management in accordance with this Subpart.

(b) Such organisations may be:

(1) holders of a foreign air operator’s certificate which operate Territory

registered aircraft under an ICAO Article 83bis agreement with a
Territory; or

(2) organisations that have a Principal Contract to perform the

management of continued airworthiness for an air operator certificate
holder under an Article 83bis agreement.

39.105 Standards
The technical standard of continued airworthiness management for this Subpart is
EASA Part M Subpart G, as revised, and the applicable requirements of Subparts
B, C and D of this OTAR Part.

39.107 Compliance
Organisations will be required to demonstrate compliance with the standards of
this Subpart to the NAA of the State of Operator and the applicable OTAA.

END

Air Safety Support International (ASSI) Issue 11 Overseas Territories Aviation Requirements