SECTION 1 - REGULATIONS
SUBPART A
GENERAL
MCAR-M.1 Effectivity
This MCAR-M becomes effective on 15 July 2007.
Operators holding Air Operator Certificates issued prior to 31 December 2006 are not required to comply with the requirements of MCAR-M until 1 January 2009.
MCAR-M.101 Scope
This Section establishes the measures to be taken to ensure that airworthiness is maintained, including maintenance. It also specifies the conditions to be met by the persons or organisations involved in such continuing airworthiness management.
SUBPART B
ACCOUNTABILITY
MCAR-M.201 Responsibilities
(a) The owner is responsible for the continuing airworthiness of an aircraft and shall ensure that no flight takes place unless:
1.
the aircraft is maintained in an airworthy condition, and;
2.
any operational and emergency equipment fitted is correctly installed and serviceable or clearly identified as unserviceable, and;
3.
the airworthiness certificate remains valid, and;
4.
the maintenance of the aircraft is performed in accordance with the approved maintenance programme as specified in MCAR-M.302.
(b) When the aircraft is leased, the responsibilities of the owner are transferred to the lessee if:
1.
the lessee is stipulated on the registration document, or;
2.
detailed in the leasing contract.
When reference is made in this MCAR to the ‘owner’, the term owner covers the owner or the lessee, as applicable.
(c)
Any person or organisation performing maintenance shall be responsible for the tasks performed.
(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 MCAR-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 airworthiness to a continuing airworthiness management organisation approved in accordance with MCAR-M Subpart G. In this case, the continuing airworthiness management organisation assumes responsibility for the proper accomplishment of these tasks.
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