Airworthiness

TYPE CERTIFICATE

A Type Certificate (TC) and the associated Type Certificate Data Sheets (TCDS) issued by the following will be acceptable to the CAA SMR.

Federal Aviation Administration (FAA) of the United States
European Aviation Safety Agency (EASA)
Transport Canada (TCCA)
Civil Aviation Authority (UK CAA)
Agência Nacional de Aviação Civil (ANAC) of Brazil provided the aircraft type has previously had a Type Certificate issued by FAA, EASA or TCAA.

In practice this means that the CAA SMR will accept an aircraft from any of the above NAAs without the aircraft having to undergo any modifications to revert it to the certification standard of the State of Design.

The Type Acceptance Certificate (TAC) covers the entire aircraft and any engine/airframe combination covered by the TCDS.

In the matter of STCs embodied on an aircraft, CAA SMR will accept without further review any STC that has been previously approved by the above National Aviation Authorities. These STCs will be accepted when CAA SMR first issues the aircraft with a Certificate of Airworthiness.

With regard to aircraft that have been “Type Accepted” via the ANAC Type Certificate particular attention is required as to the acceptable approval basis for any Design Change. For example a Major design change that has been approved by ANAC must meet CAR 21 Subpart C and at the very least CAR 21.73(b)(3). This means that the Design Change besides being ANAC approved must also have been certified, approved, validated or accepted by either EASA, FAA or TCCA through an internationally recognised bilateral agreement (and associated TIP) between that state and Brazil.

It is incumbent on the applicant to demonstrate how any design changes, including Service Bulletins, have been accepted via an internationally recognised bilateral agreement with either FAA, EASA or TCCA and the applicable State. In order to assist the applicant in this regard they can access the bilateral agreements via clicking on the applicable weblink below:

FAA Aviation Safety Bilateral Agreement Listing
EASA International Cooperation by Country Listing
TCCA Bilateral Agreements and Arrangements
ANAC Brazil International Agreements
CAA Israel Bilateral Agreements

CAR 21 | Certification of Aircraft addresses the certification of aircraft and related products, parts and appliances.

INITIAL CERTIFICATE OF AIRWORTHINESS

A Certificate of Airworthiness may be valid for a maximum period of;

(1) 12 months for an aircraft operating in accordance with CAR OPS 1/3; or
(2) 24 months for an aircraft operating in accordance with CAR OPS 1/3, which has had the initial 12-month validity extended by an Airworthiness Review; or
(3) 12 months for an aircraft operating under a foreign AOC; or
(4) 12 months for aeroplanes below 5700 kg operating in accordance with CAR OPS 2A, Part I or helicopters below 3175 kg operating in accordance with CAR OPS 2H; or
(5) 24 months for aerial work aircraft operating under CAR OPS 2A/H; or
(6) 24 months for an aeroplane operating under CAR OPS 2A Part I and having a turbine engine or CAR OPS 2A Part II or a helicopter above 3175 kg operating in accordance with CAR OPS 2H and the continuing airworthiness is managed by the owner/operator in accordance with CAR AIR; or
(7) 36 months for an aeroplane that has the continuing airworthiness managed by an approved CAR CAMO organisation.

An application for the initial issue of a Certificate of Airworthiness for an aircraft registered in San Marino can be made using Form SM 02.

The CAP 08 | Certificate of Airworthiness is a guide for the person who will be presenting an aircraft and its associated records and documents to a CAA airworthiness inspector.

The person presenting the aircraft and its records would normally be the Nominated Airworthiness Coordinator or Postholder for Continuing Airworthiness, unless different arrangements are agreed in advance with the assigned CAA airworthiness inspector. This person is responsible, prior to the aircraft inspection, to perform their own inspection of the aircraft and its associated records and documents for ensuring they meet CAA standards and requirements.

The CAR 21 | Certification of Aircraft Subpart H details the requirements governing the airworthiness certification of an aircraft.

AIRWORTHINESS REVIEW DECLARATION

An aircraft operating in accordance with CAR OPS 2A/H, with a current certificate of airworthiness, shall not fly beyond 12 months from the date of issue, or reissue, of the certificate of airworthiness unless there is a current Airworthiness Review Declaration (ARD) in respect of that aircraft submitted to and accepted by the CAA.

The ARD shall be issued twelve months after the initial issue of the C of A and renewed at twelve-monthly intervals until the next renewal of the C of A using Form SM 14. It may be issued up to 60 days prior to the expiry date without affecting the 12 month periodicity.

An ARD shall be issued by the appointed owner/operator’s Airworthiness Coordinator who is responsible for the continued airworthiness management of the aircraft once s(he) is satisfied according to CAR GEN Subpart E.

RENEWAL OF A CERTIFICATE OF AIRWORTHINESS

The application for the renewal of a C of A for an aircraft registered in the Republic of San Marino can be made using Form SM 28.

To assist aircraft owners and operators to plan well in advance for the renewal, an application may be made up to sixty days prior to the expiry of the current certificate with no loss of validity or periodicity.

The CAP 08 | Certificate of Airworthiness is a guide for the person who will be presenting an aircraft and its associated records and documents to a CAA airworthiness inspector.

EMERGENCY LOCATOR TRANSMITTER

All aircraft registered in San Marino shall be equipped with an Emergency Locator Transmitters (ELT) or a Personal Locator Beacon (PLB) as required by CAR OPS 1.820, CAR OPS 2A.417, CAR OPS 2H.435, or CAR OPS 3.820, as applicable.

The informations required for the ELTs are listed on the Form SM 09 (separate forms should be completed for each ELT).

MAINTENANCE PROGRAMMES FOR AIRCRAFT OPERATED UNDER CAR OPS 2A/2H (GENERAL AVIATION)

A Maintenance Programme for General Aviation aircraft operated privately under CAR OPS 2A or CAR OPS 2H is required to be accepted by the CAA before a Certificate of Airworthiness can be issued.

A full description of the CAA policies and guidance on acceptable maintenance programmes are contained in CAP 12 | Maintenance Programme.

The owner/operator’s Airworthiness Coordinator is required to submit Form SM 13 as part of requirements for the initial C of A.

CONTINUING AIRWORTHINESS MANAGEMENT BY A NAC WORKING UNDER THE QUALITY SYSTEM OF ACCEPTED CAMOS

For aircraft operated under CAR OPS 2A/H or CAR OPS 4, the owner/operator of an aircraft, for which continuing airworthiness is managed by a SM CAA accepted continuing airworthiness management organisation (CAMO), shall still appoint a Nominated Airworthiness Coordinator (NAC) directly employed by the accepted CAMO.

Form SM 64A must be used during the initial CofA process in order to nominate the NAC, to which a CV, certificates, licences, etc. must be attached for acceptance. A change to the NAC must be notified to the CAA in advance using form SM 64, enclosing a CV, certificates, licences, etc. for acceptance by the CAA.

If a NAC is working under the Quality System of an accepted CAMO as defined in CAP 02 Section 21.1, the aircraft may qualify for a Certificate of Airworthiness (CofA) valid for a period of 24 months instead of a standard 12 months CofA validity, but apart from that, all other responsibilities and processes are the same as explained above for a NAC.

This requires that the owner or operator to have contracted arrangements for continuing airworthiness management with a CAMO that holds an approval by the following NAAs with a minimum duration of 12 months and the national approval has within the Scope of Work an equivalent type of aircraft, acceptable to the CAA:

(a) EASA Part M Subpart G / Part CAMO, as approved by an EASA Member State
(b) CAR M Subpart G, as approved by the UAE GCAA
(c) CAR OPS 1 or CAR OPS 3 Maintenance System Approval, as approved by the San Marino CAA
(d) OTAR Part 39 Subpart E Continuing Airworthiness Management as approved by the Civil Aviation Authority of the Cayman Islands (CAACI)
(e) OTAR Part 39 Subpart E Continuing Airworthiness Management as approved by the Bermuda Civil Aviation Authority (BCAA)
(f) UK CAA Part M Subpart G / Part CAMO, as approved by the UK CAA

A contract is required for the arrangement between the owner/operator with an accepted CAMO, except when the owner/operator has an in-house acceptable CAMO. A template for the contract required, can be found as an Appendix to Information Circular No. 5, citing the obligations of the owner/operator and CAMO.

For further details on the arrangements for continuing airworthiness management with an accepted CAMO, please refer to CAP 02 Section 21.1.

CONTINUING AIRWORTHINESS MANAGEMENT BY A NOMINATED AIRWORTHINESS COORDINATOR (NAC)

For aircraft operated under CAR OPS 2A/H or CAR OPS 4, the owner or operator of an aircraft, for which continuing airworthiness is not managed by a SM CAA approved CAMO, shall appoint a Nominated Airworthiness Coordinator (NAC).

The NAC can be either an internal or external person to the owner/operator.

The NAC shall have sufficient aviation engineering background and experience to manage the continuing airworthiness of the aircraft in question and will be the focal point of contact for the Operator with the CAA.

In addition, the NAC will also be responsible for establishing appropriate arrangements to ensure compliance with all regulatory requirements and standards to maintain the airworthiness of the aircraft.

It should be further noted that management of continuing airworthiness, in-house or outsourced shall remain the ultimate responsibility of the owner or operator.

For further details on the responsibilities of a NAC, please refer to CAR AIR Subpart B.

MAINTENANCE ORGANIZATIONS

Any organisation that wishes to maintain a San Marino registered aircraft, and holds an approval granted by the following National Aviation Authorities (NAA), are considered accepted organisations to perform aircraft maintenance within their approved scope of work:

(1) EASA Part 145;
(2) UAE GCAA CAR 145;
(3) Singapore CAAS SAR Part 145;
(4) EASA Part CAO;
(5) FAA FAR Part 145;
(6) Hong Kong CAD KHAR-145; and
(7) Transport Canada Civil Aviation CAR Part V, Subpart 73.
(8) UK CAA Part 145

If you are approached by an aircraft owner or operator for the maintenance of a San Marino registered aircraft and require an formal letter describing the acceptance by CAA, then please click on the appropriate link below:

EASA Part 145 maintenance organisation
UAE GCAA CAR 145 maintenance organisation
Singapore CAAS SAR Part 145 maintenance organisation
EASA Part CAO organisation
FAA certified 14 CFR Part 145 repair station
Hong Kong HKAR-145 maintenance organisation
Transport Canada CAR Part V Subpart 73 maintenance organisation
UK CAA Part 145 maintenance organisation

Any organisation that does not hold a valid approval from a NAA identified in the list above, may be approved upon application, subject to that organisation demonstrating to the satisfaction of the CAA, compliance with the requirement of CAR 145.

CERTIFICATE OF RELEASE TO SERVICE

CAR GEN Subpart C provides the persons authorised to issue a release to service, certifying requirements, and a release to service statement.

An aircraft for release to service after maintenance, shall not be certified unless that maintenance has been performed in accordance with CAR GEN Subpart C and, in respect of that maintenance, the aircraft is fit for release to service.

EXPORT CERTIFICATE OF AIRWORTHINESS

CAR 21 Subpart L details the requirements for the issue of an Export Certificate of Airworthiness and the responsibilities of the holders of an Export Certificate of Airworthiness.

An Export Certificate of Airworthiness is a declaration from one NAA to another and is a “snapshot” of the condition and airworthiness of the aircraft on the day it was inspected. The importing State is responsible for determining the period for which it will accept it as valid.

The application for an Export Certificate of Airworthiness can be made by using Form SM 10.

PERMIT TO FLY

CAR 21 Subpart P details the requirements for the issue and renewal of a Permit to Fly. CAR GEN Subpart D details the requirements for airworthiness, maintenance and arrangements for the release of aircraft for flight operating under a Permit to Fly.

A Permit to Fly can be granted to the operator of an aircraft only for the purpose of flying the aircraft to a place where maintenance, permanent repair or alterations are to be performed; or for the purpose of conducting a flight associated with the approval of a modification.

The application for a Permit to Fly can be made by using Form SM 12.

MODIFICATIONS

The CAR 21 | Certification of Aircraft Subpart C details the requirements for the approval of design changes.

Design changes that are classified as Major or Minor require the applicant to obtain approval of the design change to an aircraft and provide evidence to the satisfaction of the CAA before the aircraft or aircraft part is modified.

It is strongly recommended that applicants liaise with the CAA before considering the embodiment of a design change so that it is clearly understood by both parties what is involved in terms of the certification basis, evidential documentation required and what must be accomplished to successfully gain CAA approval.

A Certificate of Release (CRS) cannot be made unless the modification is approved by the CAA.

An application for a minor or major modification approval for an aircraft registered in San Marino can be made using Form SM 45.

Reference should also be made to CAP 02 Section 19 for further guidance.