The airworthiness of national aircraft is being reorganised.
With the publication of new regulations concerning the implementation of the Air GerPV in the area of airworthiness maintenance, the Luftfahrt-Bundesamt has taken an important step towards standardising the rules for national aircraft. The new notice replaces several previously valid regulations and brings together the requirements in a clear document for the first time.
The central issue is how the known European maintenance regulations from Part-M and Part-ML are applied to aircraft that, while registered in Germany, do not fall entirely under the European EASA system.
This includes, for example, numerous historical aircraft, certain homebuilts, aircraft with national type certificates, and aircraft that deviate from their original EASA type certificate through national supplements.
Why the new regulation became necessary
European aviation legislation has harmonised many areas in recent years. Nevertheless, aircraft still exist that, due to their design, age, or basis of certification, fall outside the direct scope of EASA regulations.
It was already established in Germany years ago that largely the same safety standards should apply to these aircraft as to EASA aircraft. However, the corresponding requirements were previously spread across several announcements and were partly difficult to understand.
With the new regulation, the Federal Aviation Office is now creating greater legal certainty for owners, inspectors and maintenance companies.
Which aircraft are affected
The new regulations particularly concern so-called national aircraft.
These include, among others:
- historic aircraft
- specific custom builds
- former military aircraft
- Aircraft with national supplementary type certificates
- Aircraft that, due to special modifications, no longer fully comply with the original EASA Type Certificate Data Sheet.
By contrast, most air sports equipment, which is overseen by the mandated air sports associations, is unaffected. Commercial aircraft used for scheduled or charter flights will also continue to be directly covered by European regulations.
Greater responsibility for owners
One of the key statements of the new regulation is: The responsibility for maintaining airworthiness unequivocally remains with the owner or operator of the aircraft.
Anyone making changes to an aircraft that could affect its certification must report them. In particular, modifications may necessitate reclassifying a previously EASA-certified aircraft as a national aircraft.
For many owners, this means that in the future they will have to deal more intensively with the aviation law implications of technical changes.
CAMO and CAO remain central players
For technically complex powered aircraft, CAMO support remains mandatory.
Interestingly, companies wishing to take on the airworthiness of national aircraft will in future require a national approval.
This prevents any organisation approved for EASA aircraft from automatically being able to service national aircraft as well.
This regulation provides greater clarity on responsibilities and liabilities for operators of larger aircraft.
Simplifications for smaller aircraft
The regulations in the area of Part-ML are particularly interesting for general aviation.
Here the Federal Aviation Office again confirms the risk-based approach, which has already been pursued within Europe for some years.
For many smaller aircraft, owners can continue to take significant personal responsibility.
This means it remains possible to carry out certain maintenance work yourself, provided the conditions are met. At the same time, owners can forgo the creation of a completely independent maintenance programme under certain conditions.
Instead, the maintenance documentation published by the manufacturer shall be considered the approved maintenance programme.
This significantly reduces the administrative effort, especially for clubs and private aircraft owners.
Pilot-Owner Maintenance remains.
An important piece of news for many private pilots is the confirmation of so-called Pilot-Owner Maintenance.
Owner-occupiers will also be able to carry out and document certain maintenance work themselves in the future.
This possibility is considered one of the most important tools for reducing operating costs in general aviation and is used intensively, particularly in privately operated aircraft.
At the same time, the new regulation makes it clear that the work carried out must be properly documented and approved.
This is to ensure that security is maintained at all times, despite simplified procedures.
Recognition of foreign approvals remains limited
A section of the new regulations deserves special attention, as it is relevant for operators working internationally.
Release certificates, airworthiness reviews or maintenance records from abroad are not automatically recognised for German national aircraft.
Instead, approval from the Federal Aviation Office may be required.
This regulation is likely to particularly affect owners who regularly have their aircraft maintained or stationed abroad in Europe.
Before planned maintenance work, it should therefore be checked early on whether the relevant permits and approvals are available.
Airworthiness checks are being specified
The new regulation also brings clarifications to the annual airworthiness review.
Different procedures and forms of documentation are used depending on the aircraft category.
At the same time, the possibilities are being expanded to involve organisations with European approvals or independent airworthiness inspectors under certain conditions.
This increases flexibility for operators and should be particularly advantageous for rare aircraft types.
What the changes mean for General Aviation
For the majority of private pilots, there will initially be few visible changes in daily flight operations. The real significance of the new regulation lies in the standardisation and clarification of existing procedures.
Associations, owner communities and owners of national aircraft will receive more legal certainty when applying Part-M and Part-ML. At the same time, it is clear that the German Federal Aviation Office continues to pursue the principle of applying proven European safety standards to national aircraft wherever possible.
The new regulation also shows a clear trend: responsibility is increasingly being transferred to owners, operators, and approved organisations, while at the same time, unnecessary bureaucracy is to be reduced.
For many operators of historic aircraft, home-built aircraft, and other national aircraft, this means greater clarity in maintenance, airworthiness certification, and documentation – and thus a more reliable basis for safe flight operations in the coming years.
Source references:
NFL
