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2.2.3 Addition to the transfer of records
In addition to 1.2.1.11 of this Part, when an aircraft, airframe, engine, propeller, rotor or appliance is leased, the associated records should be transferred as if the transaction were a sale. By agreement between the lessee and the lessor, some records, such as work cards and inspection records, may be retained by the owner; however, the lessee has a responsibility to review the records retained by the owner and to ensure that the summary information used to support the airworthiness of the item is complete and accurate.
2.2.4 Addition to the recommended format of the documentation
As an amendment to Appendix A to Chapter 1 of this Part Section 2.— The aircraft sale agreement, this section should refer to the lease agreement and contain a copy of this agreement. Economic or monetary information may be deleted for the purposes of this presentation.
2.3 Minimum airworthiness provisions for leasing agreements
In the area of airworthiness provisions, the lease agreement should ensure at least that:
a) the lessor and lessee are properly identified;
b) the aircraft subject to the lease agreement is identified by aircraft make and model, registration number and manufacturer’s serial number;
c) the effective dates of the lease are properly identified;
d) the person having operational control is specifically identified;
e) the State of Registry, the applicable airworthiness code and the regulations under which the aircraft will be maintained are identified;
f) the responsibilities for the accomplishment of maintenance in accordance with the designated regulations are specifically identified;
g) the responsibilities for keeping the aircraft maintenance records in accordance with the designated regulations are specifically identified;
h) the maintenance/inspection programme that will be utilized is specifically identified; and
i) the lessor and lessee clearly identify a coordination mechanism, periodic meetings may be arranged to ensure that the continuing airworthiness of the aircraft is maintained.
2.4 Acceptance of the type design
2.4.1 The laws of the State of Registry generally prescribe the airworthiness and the design-related operational requirements for aircraft registered in that State and operated by an operator under its jurisdiction. However, the laws of the State of the Operator may also require that foreign-registered aircraft utilized by operators under its jurisdiction comply with the same airworthiness and design-related operational requirements, as if they were registered in that State.
2.4.2 The States of Registry and of the operator should, when prescribing the airworthiness and design-related operational requirements, consider the following when an aircraft is transferred from the State of Registry to the State of the Operator:
a) the period of time for which the aircraft is to be transferred;
b) the differences between the type certification basis of the State of Registry and that of the State of the Operator;
c) the differences between the design-related operational requirements of the State of Registry and those of the State of the Operator; and
d) the responsibilities of the State of Registry and the State of the Operator with respect to the approval of:
1) changes to the type design, including those required to take into consideration the differences stated in b) and c); and
2) repairs which require a design approval before implementation.
2.4.3 In accordance with Annex 8, the State of Registry, unless otherwise transferred under Article 83bis, is responsible for ensuring that the aircraft, and any modification to it, complies with an approved design. To preserve this responsibility, the State of the Operator should not endorse the implementation of any change without prior approval by the State of Registry.
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适航手册 AIRWORTHINESS MANUAL(177)
