The Aviation Safety (Amendment) Regulations 2023

1. Except as stated otherwise for the smallest organisations referred to in point (m), the table in point (l) provides the possible classes and ratings to be used to establish the terms of approval of the certificate of the organisation approved in accordance with Annex II (Part-145). An organisation must be granted terms of approval that range from a single class and rating with limitations to all classes and ratings with limitations.
2. In addition to the table in point (l), each maintenance organisation is required to indicate its scope of work in its MOE.
3. Within the approval classes and ratings established by the CAA, the scope of work specified in the MOE defines the exact limits of its approval. It is therefore essential that the approval classes and ratings and the organisation’s scope of work match.
4. A “category A class rating” means that the maintenance organisation may carry out maintenance on aircraft and components (including engines, auxiliary power units (APUs) or both), in accordance with the aircraft maintenance data or, if agreed by the CAA, in accordance with the component maintenance data, only while such components are fitted to the aircraft. Nevertheless, such an A-rated maintenance organisation may temporarily remove a component for maintenance in order to improve access to that component, except when its removal generates the need for additional maintenance that the organisation is not approved to perform. Such removal of component for maintenance by A-rated maintenance organisation must be subject to an appropriate control procedure in the MOE. The limitation column must specify the scope of such maintenance in order to indicate the extent of the approval.
5. Category A class ratings are subdivided into “Base” or “Line” maintenance categories. Such an organisation may be approved for either “Base” or “Line” maintenance, or both. It should be noted that a “Line” facility located at a main base facility requires a “Line” maintenance approval.
6. A “category B class rating” means that the maintenance organisation may carry out maintenance on uninstalled engines, APUs and engines, APU components or a combination of them, in accordance with the engine or APU maintenance data or both, or, if agreed by the CAA, in accordance with the component maintenance data, only while such components are fitted to the engine, the APU or both. Nevertheless, such a B-rated approved maintenance organisation may temporarily remove a component for maintenance in order to improve access to that component, except when its removal generates the need for additional maintenance that the organisation is not approved to perform. The limitation column must specify the scope of such maintenance, thereby indicating the extent of the approval. A maintenance organisation that is approved with a category B class rating may also carry out maintenance on an installed engine during aircraft base and line maintenance, provided that an appropriate control procedure in the MOE has been approved by the CAA. The scope of work in the MOE must reflect those activities if they are permitted by the CAA.
7. A “category C class rating” means that the maintenance organisation may carry out maintenance on uninstalled components (excluding complete engines and APUs) that are intended to be fitted on the aircraft or the engine or APU. The limitation column must specify the scope of such maintenance, thereby indicating the extent of the approval. A maintenance organisation that is approved with a category C class rating may also carry out maintenance on an installed component (other than a complete engine or APU) during aircraft base and line maintenance, or at an engine or APU maintenance facility provided that an appropriate control procedure in the MOE has been approved by the CAA. The scope of work in the MOE must reflect those activities if they are permitted by the CAA.
8. A “category D class rating” means a self-contained class rating that is not necessarily related to a specific aircraft, engine or other component. The D1 – Non-Destructive Testing (“NDT”) rating is only necessary for a maintenance organisation that carries out NDT as a particular task for another organisation. A maintenance organisation that is approved with a class rating in the A, B or C category may carry out NDT on products that it maintains without the need for a D1 class rating provided that the MOE contains appropriate NDT procedures.
9. The limitation column is intended to give the CAA the flexibility to customise an approval for any particular organisation. Ratings may only be mentioned on the approval if they are appropriately limited. The table in point (l) specifies the types of limitations that are possible. It is acceptable to stress in the limitation column the maintenance task rather than the type or manufacturer of the aircraft or engine, if that is more appropriate to the organisation (an example could be avionics systems installations and the related maintenance). If that is mentioned in the limitation column, it indicates that the maintenance organisation is approved to carry out maintenance up to and including that particular type or task.
10. When reference is made to the series, type and group in the limitation column of class A and B, it must be understood as follows: “series” means a specific type series such as the Airbus 300, 310, 319, the Boeing 737-300 series, RB211-524 series, Cessna 150, Cessna 172, Beech 55 series or the Continental O-200 series; “type” means a specific type or model such as the Airbus 310-240 type, the RB 211-524 B4 type, or the Cessna 172RG type. Any number of series or types may be quoted; “group” means, for example, Cessna single piston engine aircraft or Lycoming non-supercharged piston engines, etc.
11. By way of derogation from point 145.A.85(a)(1), where a component capability list is used that could be subject to frequent amendments, then the organisation may propose to include such amendments in the procedure referred to in point 145.A.85(c) for changes not requiring prior approval.
12. Limitation CLASSRATINGLIMITATIONBASELINE AIRCRAFT A1 Aeroplanes above 5,700kg maximum take- off mass (MTOM) [Must state the aeroplane manufacturer or the group or series or type and/or the maintenance tasks] Example: Airbus A320 Series YES/NOYES/NO A2 Aeroplanes of 5,700kg MTOM and below [Must state the aeroplane manufacturer or the group or series or type and/or the maintenance tasks] Example: DHC-6 Twin Otter Series State whether the issuing of airworthiness review certificates is authorised (only possible for aircraft covered by Annex Vb (Part-ML)) YES/NOYES/NO A3 Helicopters [Must state the helicopter manufacturer or the group or series or type and/or the maintenance task(s)] Example: Robinson R44 State whether the issuing of airworthiness review certificates is authorised (only possible for aircraft covered by Annex Vb (Part-ML)) YES/NOYES/NO A4 Aircraft other than A1, A2 and A3 aircraft [Must state the aircraft category (sailplane, balloon, airship, etc.), the manufacturer or group or series or type and/or the maintenance task(s)] State whether the issuing of airworthiness review certificates is authorised (only possible for aircraft covered by Annex Vb (Part-ML)) YES/NOYES/NOENGINES B1 Turbine [Must state the engine series or type and/or the maintenance task(s)] Example: PT6A Series B2 Piston [Must state the engine manufacturer or group or series or type and/or the maintenance task(s)] B3 APU [Must state the engine manufacturer or series or type and/or the maintenance task(s)]COMPONENTS OTHER THAN COMPLETE ENGINES OR APUsC1 Air Cond & Press [Must state the aircraft type or aircraft manufacturer or component manufacturer or the particular component and/or cross-refer to a capability list in the exposition and/or the maintenance task(s)] Example: PT6A Fuel Control C2 Auto FlightC3 Comms and NavC4 Doors — HatchesC5 Electrical Power & LightsC6 EquipmentC7 Engine – APUC8 Flight ControlsC9 FuelC10 Helicopter – RotorsC11 Helicopter – TransC12 Hydraulic PowerC13 Indicating – recording systemC14 Landing GearC15 OxygenC16 PropellersC17 Pneumatic & VacuumC18 Protection ice/rain/fireC19 WindowsC20 StructuralC21 Water ballastC22 Propulsion AugmentationSPECIALISED SERVICESD1 Non-Destructive Testing[Must state particular NDT method(s)] (*) Delete as appropriate.
13. A maintenance organisation which employs only one person to both plan and carry out all maintenance activities can only hold limited terms of approval. The maximum permissible limits are as follows. [image omitted]
14. It should be noted that such an organisation may be further limited by the CAA in the terms of approval depending on the capabilities of the particular organisation.

Amendment of Annex III to Commission Regulation (EU) No 1321/ 2014

25

Annex III (Part-66) is amended in accordance with regulations 26 to 28.

Amendment of Section A of Annex III to Commission Regulation (EU) 1321/2014

26

In Section A (technical requirements), in Subpart A (aircraft maintenance licence)—

• (a) for point 66.A.20(b)(1) substitute—

(1) in compliance with the applicable requirements of Annex I (Part-M), Annex II (Part-145), Annex Vb (Part-ML) and Annex Vd (Part-CAO); and

• (b) in point 66.A.25(a), for “categories B2L and” substitute “category”.

Amendment of Section B of Annex III to Commission Regulation (EU) No 1321/2014

27

• (1) Section B (procedures for the CAA) is amended as follows.

• (2) In Subpart B (issue of an aircraft maintenance licence), in point 66.B.120(b)(2), for “or Annex II (Part-145)” substitute “, Annex II (Part-145) or Annex Vd (Part-CAO)”.

• (3) In Subpart E (examination credits), in the words before point 66.B.400, for “66.A.25(c)” substitute “66.A.25(e)”.

• (4) In Subpart F (continuing oversight), for point 66.B.500(8) substitute—

(8) issuing a certificate of release to service while not in compliance with this Regulation.

Amendment of Appendix V to Annex III to Commission Regulation (EU) No 1321/2014

28

In Appendix V (application form – CAA Form 19), in point (2), for “Annex I (Part-M) and Annex II (Part-145)” substitute “this Regulation”.

Amendment of Annex Vb to Commission Regulation (EU) No 1321/2014

29

• (1) In Annex Vb (Part-ML), Section A (technical requirements) is amended as follows.

• (2) In Subpart D (maintenance standards), for point ML.A.401(b) substitute—

(b) For the purposes of this Annex, “applicable maintenance data” means any of the following: (1) any applicable requirement, procedure, standard or information issued by the CAA; (2) any applicable AD; (3) the applicable ICA and other maintenance instructions, issued by the type-certificate holder, supplementary type-certificate holder and any other organisation that publishes such data in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012; (4) for components approved for installation by the design approval holder, the applicable maintenance instructions published by the component manufacturers and acceptable to the design approval holder; (5) any applicable data issued in accordance with point 145.A.45(d).

• (3) In Subpart E (components)—

• (a) in point ML.A.501(a), for “and Annex I (Part-21)” substitute “or in point 21.A.307 of Annex I (Part-21)”;

• (b) in point ML.A.502(a)—

• (i) for “point (c) of point 21.A.307” substitute “point 21.A.307(b)(2)”;

• (ii) for “point 21.A.307(c)” substitute “point 21.A.307(b)(2)”;

• (c) after point ML.A.502(b) insert—

(c) Components which are referred to in points (b)(3) to (6) of point 21.A.307 of Annex I (Part-21) to Regulation (EU) No 748/2012 may be maintained by any person or organisation. In such case, by way of derogation from point (b), the maintenance of those components must be released with a “declaration of maintenance accomplished” issued by the person or organisation that performed the maintenance. The “declaration of maintenance accomplished” must contain at least basic details of the maintenance carried out, the date on which the maintenance was completed, and the identification of the organisation that issues it. It is to be considered a maintenance record and equivalent to a CAA Form 1 in respect of the maintained component.

• (4) In Subpart H (certification of release to service (CRS)), for point ML.A.802(a) substitute—

Except for cases covered by point (c) of point ML.A.502, a component CRS must be issued after the required maintenance work has been properly carried out on an aircraft component in accordance with point ML.A.502.

• (5) In Subpart I (airworthiness review certificate (‘ARC’)), in point ML.A.906(a), after “third country” insert “, or from a regulatory system where Regulation (EU) 2018/1139 does not apply,”.

Amendment of Appendix IV to Annex Vb to Commission Regulation (EU) No 1321/2014

30

In Appendix IV to Annex Vb, for CAA Form 15c (airworthiness review certificate) substitute—

Amendment of Annex Vd to Commission Regulation (EU) No 1321/2014

31

• (1) Annex Vd (Part-CAO) is amended as follows.

• (2) In Section A (organisational requirements)—

• (a) in point CAO.A.045(a)(2)—

• (i) after “or equivalent or” insert “they acquired”;

• (ii) for “in addition to the” substitute “in addition to that”;

• (b) in point CAO.A.105(a), for the words before point (1) substitute—

(a) In order to enable the CAA to determine continued compliance with this Annex, the CAO must notify it of any proposal to carry out any of the following changes, before such changes take place:

Amendment of Commission Regulation (EU) 2018/395 (Balloons)

32

• (1) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons as well as for the flight crew licensing for balloons[^f00006] is amended as follows.

• (2) In Article 3b (Existing pilot licences and national medical certificates), in paragraph 3, for “8 December 2023” substitute “30 September 2025”.

• (3) In Article 3c (Credit for training that commenced prior to the date of application of this Regulation), in paragraph 2, for “8 December 2023” substitute “30 September 2025”.

Amendment of Commission Implementing Regulation (EU) 2018/1976 (Sailplanes)

33

• (1) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes as well as for the flight crew licensing for sailplanes[^f00007] is amended as follows.

• (2) In Article 3b (Existing pilot licences and national medical certificates), in paragraph 3, for “8 December 2023” substitute “30 September 2025”.

• (3) In Article 3c (Credit for training that commenced prior to the date of application of this regulation), in paragraph 2, for “8 December 2023” substitute “30 September 2025”.

Signed

Signed by authority of the Secretary of State for Transport

Vere — Parliamentary Under Secretary of State — Department for Transport — At 12.00 p.m. on 30th May 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make amendments to retained EU law in the field of aviation safety, specifically to implementing rules, using powers conferred by Regulation (EU) 2018/1139 of 4 July 2018 on common rules in the field of civil aviation.

Regulations 2 to 11 amend Commission Regulation (EU) No 748/2012 (initial airworthiness) to implement International Civil Aviation Organization (“ICAO”) standards set out in Annex 19 to the Chicago Convention of 7th December 1944. These require organisations designing or producing aircraft, engines and components to implement a Safety Management System (“SMS”) and make a number of amendments to detailed technical requirements set out in the Regulation. In particular they introduce a requirement for organisations holding a type-certificate for a product or part to produce a standardised set of instructions on maintaining it to ensure continued airworthiness, and an alleviation from certain requirements for new aircraft parts where the Civil Aviation Authority (“the CAA”) determines there is no impact on safety; they also align the provisions of Regulation (EU) No 748/2012 to provisions regarding ageing aircraft introduced by Commission Regulation (EU) 2015/640 (airworthiness specifications).

Regulations 12 to 31 amend Commission Regulation (EU) No 1321/2014 (continuing airworthiness) to require maintenance organisations to implement an SMS to bring into effect ICAO standards set out in Annex 19 to the Chicago Convention. These changes mirror those mentioned above in relation to Commission Regulation (EU) 748/2012 on initial airworthiness.

Regulation 32 amends Articles 3b and 3c of Commission Regulation (EU) 2018/395 (“the Balloons Regulation”). It extends the date in Article 3b of the Balloons Regulation, by which a balloon licence issued by the CAA under the Air Navigation Order 2016 (S.I. 2016/765) must be replaced with a balloon licence (BPL) issued in accordance with the Balloons Regulation, from 8th December 2023 to 30th September 2025. It also extends the deadline in Article 3c of the Balloons Regulation, by which training for the issue of a balloon licence must have been commenced to be credited towards the issue of a BPL, from 8th December 2023 to 30th September 2025.

Regulation 33 amends Articles 3b and 3c of Commission Regulation (EU) 2018/1976 (“the Sailplanes Regulation”). It extends the date in Article 3b of the Sailplanes Regulation by which a sailplane certificate issued by the British Gliding Association (BGA) must be replaced with a sailplane licence (SPL) issued in accordance with the Sailplanes Regulation, from 8th December 2023 to 30th September 2025. It also extends the deadline in Article 3c of the Sailplanes Regulation, by which training for the issue of a sailplane certificate must have been commenced in order to be credited towards the issue of an SPL under the Sailplanes Regulation, from 8th December 2023 to 30th September 2025.

A full impact assessment has not been produced for this instrument. However a De Minimis Assessment was conducted and no, or no significant impact on the private, voluntary or public sector is foreseen. The changes contained in this instrument were subject to separate impact assessments carried out during consultation by the European Union Aviation Safety Agency. The consultation documents containing the impact assessments can be found at https://www.easa.europa.eu/en/document-library/notices-of-proposed-amendment/npa-2019-05. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.

Footnotes

[^f00001]: EUR 2018/1139, amended by S.I. 2019/645 and 2022/637.

[^f00002]: EUR 2012/748, amended by S.I. 2019/645, 2020/1116 and 2022/1235.

[^f00003]: The first edition of Annex 16, Volume 3, to the Chicago Convention, 2017. Electronic Annex 16 — Environmental Protection, Volume III (icao.int). Hardcopy Annex 16 - Environmental Protection - Volume III - Aeroplane CO2 Emissions | ICAO Store. To inspect a hardcopy at CAA premises email OGCMailbox@caa.co.uk or write to The CAA, Legal Department, Aviation House, Beehive Ring Road, Crawley, West Sussex, RH6 0YR or The CAA, Legal Department, Westferry Circus Canary Wharf, London E14 4HD.

[^f00004]: Convention on International Civil Aviation, ninth edition, 2006 (Doc 7300/9). Treaty Series No. 8 (1953); Cmd 8742. Electronic Convention on International Civil Aviation. Ninth Edition - 2006 (icao.int) or consolidated electronic version Convention on International Civil Aviation - Doc 7300 (icao.int). To inspect a hardcopy at CAA premises email OGCMailbox@caa.co.uk or write to The CAA, Legal Department, Aviation House, Beehive Ring Road, Crawley, West Sussex, RH6 0YR or The CAA, Legal Department, Westferry Circus Canary Wharf, London E14 4HD.

[^f00005]: EUR 2008/1008, amended by S.I. 2018/1392.

[^f00006]: EUR 2018/395, amended by S.I. 2019/1098, 2020/1116, 2021/10, 2021/1203 and 2022/637.

[^f00007]: EUR 2018/1976, amended by S.I. 2019/1098, 2020/1116, 2021/10, 2021/1203 and 2022/637.

[^f00008]: EUR 2015/640, amended by S.I. 2019/645, S.I. 2019/1098 and S.I. 2021/1203.

[^f00009]: EUR 965/2012, as amended by S.I. 2019/645; S.I 2020/1116; S.I. 2021/614; S.I. 2021/1203 and S.I. 2022/1235.