适航手册 AIRWORTHINESS MANUAL(8)

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1.2.4 National airworthiness regulations and rules must specify that the State of Registry is the sole authority responsible for ensuring that every aircraft on its registry conforms in all essential respects with the type design certificated in accordance with the airworthiness code it has adopted for that class of aircraft. Furthermore, the State of Registry has the responsibility for ensuring that every aircraft on its registry is maintained in an airworthy condition throughout its service life. Although the methods of discharging the foregoing State airworthiness responsibilities may vary, such arrangements do not relieve the State of Registry from its overall responsibility. The only exception is where the State of Registry has executed an Article 83bis agreement with another State for a particular aircraft, in which case all or part of its functions and duties as State of Registry in respect to that aircraft under Articles 12, 30, 31, and 32(a) of the Convention are transferred to the other State. The State of Registry shall be relieved of responsibility in respect to the functions and duties transferred.
1.2.5 A Certificate of Airworthiness as required by the Convention should normally not be issued unless there exists a valid Type Certificate for the aircraft type and model that has been issued by a Contracting State. It is also necessary to determine that the aircraft was produced under a valid production approval to ensure the aircraft conforms to its type design. The requirements for the issuance of a Type Certificate, Production Certificate, and Airworthiness Certificate are addressed in later sections of this manual.

1.3 Discharge of State responsibilities
1.3.1 In order to discharge its overall responsibilities under the Convention, the State needs to enact basic legislation which will provide for the development and promulgation of civil air regulations and practices, including airworthiness regulations, consistent with its acceptance of the Annexes. In the development of these regulations, the State has the option of adopting provisions which will govern its role in the implementation of the regulations. This role may range from highly active to passive.
1.3.2 In the active role, a close day-to-day interest would be taken in the direction and control of all airworthiness matters through an inspection organization. In the passive role, the State would intervene only to institute action when a violation of the regulations has occurred. In practice, neither of these extremes would be compatible with an equitable and effective division of responsibility between the State and the aircraft operators, manufacturers and maintenance facilities.
1.3.3 A system of active supervision by the regulatory authority could be so rigorous as to amount to complete domination and dictation of the conduct of all airworthiness activities, leading to an undermining of the morale of airworthiness personnel, lowering of safety and greatly increasing the cost and time for manufacturing and repairs, and confusing the obligations of operators to be responsible for their actions. Such a system would, in any case, require the establishment of a large inspection and enforcement organization which could hardly be justified.
1.3.4 In the passive role, the State could leave both the interpretation and implementation of the airworthiness regulations to the aircraft operator, manufacturer and maintenance facility, relying upon their technical competence to interpret them correctly, and encouraging compliance through threat of enforcement action. This might place an unreasonable burden of responsibility on those persons involved in interpreting and applying the airworthiness regulations in practice. Further, the State would not be in a position to assess adherence to the regulations other than by knowledge acquired fortuitously or in the course of accident or incident investigation. Such a system would not enable the State to exercise properly the necessary preventive and corrective function; consequently, it could not adequately discharge its responsibility.
　
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