(d)
The pilot-in-command or, in the case of commercial air transport, the operator shall be responsible for the satisfactory accomplishment of the pre-flight inspection. This inspection must be carried out by the pilot or another qualified person but need not be carried out by an approved maintenance organisation or by Part-66 certifying staff.
(e)
In order to satisfy the responsibilities of paragraph (a),
(i)
The owner of an aircraft may contract the tasks associated with continuing air-worthiness to a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M). In this case, the continuing airworthiness management organisation assumes responsibility for the proper accomplishment of these tasks.
(ii)
An owner who decides to manage the continuing airworthiness of the aircraft under its own responsibility, without a contract in accordance with Appendix I, may nevertheless make a limited contract with a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M), for the development of the maintenance programme and its approval in accordance with point M.A.302. In that case, the limited contract transfers the responsibility for the development and approval of the maintenance programme to the contracted continuing airworthiness management organisa-tion.
ED 2009/006/R ED 2008/013/R
AMC M.A.201 (e) Responsibilities
The limited contract for the development and approval of the aircraft maintenance programme should cover the responsibilities related to M.A.302(d) and (g). This con-tract may also entitle the M.A. Subpart G organisation to use the indirect approval procedure described in M.A.302(c).
AMC M.A.201 (h) Responsibilities
1.
Reference to aircraft includes the components fitted to or intended to be fitted to the aircraft
2.
The performance of ground de-icing and anti-icing activities does not require a Part-145 approval.
3.
The requirement means that the operator is responsible for determining what main-tenance is required, when it has to be performed and by whom and to what standard, in order to ensure the continued airworthiness of the aircraft being operated.
4.
An operator should therefore have adequate knowledge of the design status (type specification, customer options, airworthiness directives (AD), airworthiness limita-tions contained in CS-25 Book 1, Appendix H, paragraph H25.1, fuel tank system airworthiness limitations including Critical Design Configuration Control Limitations (CDCCL) modifications, major repairs, operational equipment) and required and performed maintenance. The Status of aircraft design and maintenance should be adequately documented to support the performance of the quality system.
5.
An operator should establish adequate co-ordination between flight operations and maintenance to ensure that both will receive all information on the condition of the aircraft necessary to enable both to perform their tasks.
6.
The requirement does not mean that an operator himself performs the maintenance (this is to be done by a maintenance organisation approved under Part-145) but that the operator carries the responsibility for the airworthy condition of aircraft it oper-ates and thus should be satisfied before the intended flight that all required mainte-nance has been properly carried out.
7.
When an operator is not appropriately approved in accordance with Part-145, the operator should provide a clear work order to the maintenance contractor. The fact that an operator has contracted a maintenance organisation approved under Part-145 should not prevent it from checking at the maintenance facilities on any aspect of the contracted work if he wishes to do so to satisfy his responsibility for the air-worthiness of the aircraft.
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