Aviation Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/518062015012/consolide
Published: 2015-07-01

Aviation Act1

Passed 17.02.1999
RT I 1999, 26, 376
Entry into force 01.09.1999
Amended by the following legal instruments (show)

Passed
Published
Entry into force

17.10.2001
RT I 2001, 87, 525
01.01.2002

15.05.2002
RT I 2002, 47, 297
01.01.2003

19.06.2002
RT I 2002, 61, 375
01.08.2002

19.06.2002
RT I 2002, 63, 387
01.09.2002

12.02.2003
RT I 2003, 23, 138
15.04.2003

12.02.2003
RT I 2003, 23, 143
15.03.2003, in part 01.06.2004

17.12.2003
RT I 2003, 88, 594
08.01.2004

24.03.2004
RT I 2004, 25, 169
26.04.2004

14.04.2004
RT I 2004, 30, 208
01.05.2004

10.11.2004
RT I 2004, 81, 541
10.12.2004

08.12.2004
RT I 2004, 87, 593
01.01.2005

05.05.2005
RT I 2005, 29, 216
27.05.2005, in part 15.07.2005, 01.08.2005, 01.01.2006 and 01.03.2006

19.04.2006
RT I 2006, 21, 159
01.06.2006

17.05.2006
RT I 2006, 26, 191
01.08.2006

24.01.2007
RT I 2007, 10, 47
07.02.2007

24.01.2007
RT I 2007, 12, 66
01.01.2008

19.06.2008
RT I 2008, 27, 179
01.07.2008

01.07.2008
RT III 2008, 33, 223
01.07.2008

19.11.2008
RT I 2008, 52, 290
22.12.2008

17.12.2008
RT I 2009, 4, 25
26.01.2009

18.12.2008
RT I 2009, 4, 26
26.01.2009

17.12.2008
RT I 2009, 5, 35
01.07.2009

21.05.2009
RT I 2009, 30, 178
01.10.2009

15.06.2009
RT I 2009, 39, 262
24.07.2009

30.09.2009
RT I 2009, 49, 331
01.01.2010

11.11.2009
RT I 2009, 57, 381
01.01.2010

26.11.2009
RT I 2009, 62, 405
01.01.2010

09.12.2009
RT I 2009, 64, 420
07.01.2010

22.04.2010
RT I 2010, 22, 108
01.01.2011, will enter into force on the date specified in the decision of the Council of the European Union regarding the abrogation of the derogation established in favour of the Republic of Estonia on the ground provided for in Article 140(2) of the Treaty on the Functioning of the European Union, Decision No. 2010/416/EU of the Council of the European Union of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24 26).

05.05.2010
RT I 2010, 24, 115
01.09.2010

27.01.2011
RT I, 23.02.2011, 1
01.09.2011

23.02.2011
RT I, 23.03.2011, 2
02.04.2011

12.10.2011
RT I, 28.10.2011, 1
07.11.2011

07.12.2011
RT I, 20.12.2011, 3
01.01.2012

08.12.2011
RT I, 29.12.2011, 1
01.01.2012, in part 01.01.2014 and 01.11.2014

13.02.2014
RT I, 13.03.2014, 1
23.03.2014, in part 01.04.2014

19.02.2014
RT I, 13.03.2014, 4
01.07.2014

05.06.2014
RT I, 29.06.2014, 1
01.07.2014

19.06.2014
RT I, 12.07.2014, 1
01.01.2015

19.06.2014
RT I, 29.06.2014, 109
01.07.2014, the ministers’ official titles have been replaced on the basis of subsection 107³ (4) of the Government of the Republic Act.

28.01.2015
RT I, 26.02.2015, 2
01.03.2015, in part 01.11.2015 and 01.01.2017

18.02.2015
RT I, 23.03.2015, 3
01.07.2015

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

(1) This Act provides the grounds for the organisation of flight operations, aviation security and the ensuring of aviation safety.
[RT I 2008, 52, 290 – entry into force 22.12.2008]
(2) The fields of activity associated with the operation, manning, manufacture and maintenance of aircraft, the provision of air navigation services, the operation of aerodromes and heliports, and the training of aviation specialists are deemed to be aviation activities.
[RT I 2008, 52, 290 – entry into force 22.12.2008]
(3) The provisions of the Administrative Procedure Act apply to the administrative proceedings specified in this Act, taking account of the specifications provided for in this Act.
(4) The General Part of the Economic Activities Code Act applies to the commencement, carrying out and termination of the economic activities of an undertaking regulated by this Act, taking account of the specifics arising from this Act.
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]

§ 2.  Validity of Act

(1) The provisions of this Act are implemented in civil and state aviation, unless otherwise provided by law or an international agreement. Unless otherwise provided in this Act, it also extends to defence aviation and to flight operations of the aircraft of the armed forces of a state being a party to an agreement following the principle of collective self-defence entered into with the Republic of Estonia whose aim is national defence to an extent that does not hinder the performance of national defence duties.
(2) The provisions of this Act extend to:
1) Estonian and foreign aircraft in Estonian airspace;
2) Estonian aircraft outside Estonian airspace to the extent and in accordance with the procedure provided for in international agreements.
(3) This Act and legislation arising therefrom extend to transport conducted with Estonian aircraft in the airspace of any foreign state, unless otherwise provided by law or unless this Act or legislation arising therefrom is in conflict with an Act of a foreign state, which is implemented by mutual agreement with such state or in accordance with generally recognised principles of international law.
(4) By mutual agreement with a foreign state, the Government of the Republic may implement the provisions of this Act with regard to aircraft that are entered in the register of the foreign state but leased or put into use by Estonian operators in any other manner.
(5) By mutual agreement with a foreign state, the Government of the Republic may establish that the provisions of this Act will not be implemented with regard to aircraft that are registered in Estonia but leased or put into use by foreign operators in any other manner.
[RT I 2004, 81, 541 – entry into force 10.12.2004]

§ 3.  Estonian airspace and Tallinn flight information region

(1) Estonian airspace is the airspace above the land, territorial waters and inland waters of Estonia and above the parts of transboundary water bodies that belong to Estonia.
(2) The Tallinn flight information region is the portion of airspace in which Estonia provides air navigation services under bilateral agreements approved by the International Civil Aviation Organisation.
[RT I 2003, 23, 143 – entry into force 15.03.2003]

§ 4.  Use of Estonian airspace and Tallinn flight information region

(1) The Government of the Republic will establish the procedure for the use of Estonian airspace and the Tallinn flight information region and for provision of air navigation services, and will establish flight restrictions.
(2) The Civil Aviation Administration organises the use of Estonian airspace and the Tallinn flight information region and certified air navigation service providers ensure the provision of air navigation services in civil aviation.
[RT I 2007, 10, 47 – entry into force 07.02.2007]
(3) Aircraft movements in the Tallinn flight information region are governed by the national rules of the air and the rules of the air provided for in Commission Implementing Regulation (EU) No 923/2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, pp 1–66).
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(31) National rules of the air as well as exceptions and differences from the rules of the air provided for in the Commission Implementing Regulation (EU) No 923/2012 will be established by a regulation of the minister responsible for the field.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(4) Aircraft which have Estonian nationality, nationality of a member state of the International Civil Aviation Organisation or nationality of a foreign state which has entered into an agreement to this effect with Estonia may be flown in the Tallinn flight information region.
(5) Issue of permit for entry into Estonian airspace of foreign state aircraft, for their landing on Estonian territory or for their flying over the territory will be decided upon on the basis of the International Military Cooperation Act.
[RT I 2008, 52, 290 – entry into force 22.12.2008]
(51) A permit for an aircraft making a flight related to the state visit of a head of state or of a member of the government of a foreign state or a flight related to another official visit which is significant politically or another diplomatic mission for entry into Estonian airspace, for landing on Estonian territory or for flying over the territory, which is not processed on the basis of subsection (5) of this section, will be issued by the minister responsible for the field or an official authorised thereby.
[RT I 2008, 52, 290 – entry into force 22.12.2008]
(52) The procedure for issue of flight permits to foreign aircraft related to an official visit or a diplomatic mission will be established by the minister responsible for the field.
[RT I 2008, 52, 290 – entry into force 22.12.2008]
(6) The Civil Aviation Administration may grant a permit to an aircraft which does not comply with the requirements set out in subsection (4) of this section if the flight of the aircraft is associated with the performance of medical, emergency, search or rescue work.
(7) Permission to civil aircraft for supersonic flights in Estonian airspace or the Tallinn flight information region may be granted by the minister responsible for the field if such flights do not endanger the environment or other aircraft. Restrictions to state aircraft for supersonic flights will be established by the Government of the Republic.

§ 5.  Aircraft

(1) An aircraft is any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the surface of the earth or water.
[RT I 2008, 52, 290 – entry into force 22.12.2008]
(2) Aircraft are divided into state aircraft and civil aircraft.
(3) A state aircraft is an aircraft which is used in Defence Forces, customs or police services.
(4) Aircraft which is not used in services set out in subsection (3) of this section is deemed to be civil aircraft.
[RT I 2004, 25, 169 – entry into force 26.04.2004]
(5) An abnormal aircraft is an aircraft the operation of which differs from the operation of usual aircraft in terms of its maintenance, flight characteristics or piloting.
(6) [Repealed – RT I 2008, 52, 290 – entry into force 22.12.2008]
(7) [Repealed – RT I 2005, 29, 216 – entry into force 27.05.2005]

§ 6.  Nationality of aircraft

(1) Aircraft registered in Estonia have Estonian nationality.
(2) If an aircraft operated in accordance with an agreement is not entered in the national civil aircraft register of the state which is the principal place of business of the operator, the Civil Aviation Administration may conclude an agreement in accordance with Article 83bis of the 1944 Chicago Convention on International Civil Aviation for transfer of the functions and obligations arising from the aforementioned Convention to the state which is the principal place of business of the operator.
[RT I 2005, 29, 216 – entry into force 27.05.2005]

§ 7.  State administration of civil aviation

(1) The Government of the Republic, the Ministry of Economic Affairs and Communications and the Civil Aviation Administration exercise the state administration of civil aviation within the scope of competence provided for in this Act.
(2) In Estonia “The Joint Aviation Requirements” (JAR) issued on the basis of the Arrangements concerning the Development, the Acceptance and the Implementation of Joint Aviation Requirements of 1990 apply. The translations of the Joint Aviation Requirements will be published in the official publication called the Civil Aviation Administration Gazette.
(3) In Estonia the Joint Implementation Procedures (JIP) of the Joint Aviation Authorities (JAA) apply.
(4) In order to ensure the safety of flight operations, the Director General of the Civil Aviation Administration may establish temporary restrictions in respect of the persons engaged in aviation until the reasons of danger are established.
[RT I 2008, 52, 290 – entry into force 22.12.2008]
(5) In order to ensure the safety of flight operations and aviation security, the Director General of the Civil Aviation Administration may issue general precepts to the persons engaged in aviation.
[RT I 2008, 52, 290 – entry into force 22.12.2008]
(6) The Civil Aviation Administration is an appropriate authority within the meaning of Regulation (EC) No 300/2008 of the European Parliament and of the Council on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.04.2008, pp 72–84), and it coordinates activities in the area of aviation security for the purpose of adherence to the EU legislation relating to aviation security and the aviation security standards of the International Civil Aviation Organisation.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(7) The Civil Aviation Administration is a national supervisory authority (NSA) within the meaning of Regulation (EC) No 549/2004 of the European Parliament and of the Council laying down the framework for the creation of the single European sky (the framework Regulation) (OJ L 096, 31.03.2004, pp. 1–9), and Regulation (EC) No 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the single European sky (the service provision Regulation) (OJ L 096, 31.03.2004, pp.
[RT I 2007, 10, 47 – entry into force 07.02.2007]
(8) [Repealed – RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(9) [Repealed – RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(10) The Civil Aviation Administration is a competent authority within the meaning of the implementing regulations adopted on the basis of Regulation (EC) No 216/2008 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.03.2008, pp 1–49), unless otherwise provided by this Act or legislation adopted on the basis thereof.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(11) The Civil Aviation Administration grants the exemptions specified in Article 14(4) of Regulation (EC) No 216/2008 of the European Parliament and of the Council.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 71.  Inspection of conformity and approval of persons performing inspection

(1) The Civil Aviation Administration carries out inspections of the conformity of civil aircraft, air operators, production organisations, maintenance organisations and air navigation service providers with the national and international requirements for the purpose of granting the licences and certificates to be granted under this Act and making administrative decisions.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(2) In the case of absence of the competence required for the performance of the inspection specified in subsection (1) of this section, the Civil Aviation Administration may approve a person who complies with competency requirements as a person performing the inspection of conformity.
(3) After the inspection of conformity, the person approved by the Civil Aviation Administration specified in subsection (2) of this section will submit an inspection report to the Civil Aviation Administration. The costs related to such inspection will be paid by the operator, organisation or service provider.
(4) The Civil Aviation Administration issues the licences and certificates and makes administrative decisions on the basis of the inspection report specified in subsection (3) of this section.
(5) Recognition is a procedure in the course of which the Civil Aviation Administration assesses the compliance of the person performing the inspection with the requirements provided for in Section B of Annex I (Part-M) and Section B of Annex II (Part-145) to Commission Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 315, 28.11.2003, pp 1–165), Part 21 of Annex to Commission Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organizations (OJ L 224, 21.08.2012, p 1), and Annex I to Regulation (EC) No 550/2004 of the European Parliament and of the Council.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(6) In order to approve a person performing the inspection of conformity, an application must be submitted to the Civil Aviation Administration which contains the following information and documents:
1) the applicant’s name, registry code and contact details;
2) documents certifying the qualification, knowledge, experience in compliance with the corresponding legislation specified in subsection (5) of this section and the relevant initial vocational training and continuing vocational training in accordance with the approved area.
(7) In addition to the information specified in subsection (6) of this section, the Civil Aviation Administration may request supplementary information in order to verify the conformity of an applicant to the requirements.
(8) The Civil Aviation Administration will make a decision on approval within 30 days as of the submission of the application. The term for making a decision may be extended by the term for submission of supplementary information provided for in subsection (7) of this section.
(9) The Civil Aviation Administration will refuse to approve an applicant if the applicant does not conform to the requirements provided for in subsection (5) of this section.
(10) The decision on approval is valid for two years.
(11) A decision on approval may be revoked if the person performing the inspection of conformity fails to comply with the requirements specified in subsection (5) of this section.
[RT I 2008, 52, 290 – entry into force 22.12.2008]

§ 72.  Use of Estonian airspace for national defence and defence aviation

[RT I 2004, 81, 541 – entry into force 10.12.2004]
(1) The use of Estonian airspace for national defence purposes is organised by the Defence Forces in cooperation with the Civil Aviation Administration. Air navigation services to national defence flights and upon training for such purposes is ensured by the Defence Forces in cooperation with undertakings that provide certified air navigation services.
[RT I 2004, 81, 541 – entry into force 10.12.2004]
(2) The procedure for the use of Estonian airspace upon ensuring the inviolability and protection of Estonian airspace and upon preparing for such purposes and the procedure for cooperation between civil aviation and defence aviation upon the use of Estonian airspace will be established by the Government of the Republic.
[RT I 2004, 81, 541 – entry into force 10.12.2004]
(3) The minister responsible for the field will establish aviation regulations of the Defence Forces in consultation with the minister responsible for the field laying down the requirements for the aircraft of the Defence Forces, the operation thereof and the facilities connected with it, the requirements for persons engaged in defence aviation and the procedure for the investigation of aircraft accidents and aircraft incidents involving the aircraft of the Defence Forces. The provisions of this Act apply to the procedure for the investigation of aircraft accidents and aircraft incidents involving the aircraft of the Defence Forces to an extent which does not hinder the performance of national defence duties.
[RT I 2004, 81, 541 – entry into force 10.12.2004]
(4) [Repealed – RT I 2008, 52, 290 – entry into force 22.12.2008]

§ 73.  Committee for management of use of airspace and airspace management cell

[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(1) In order to ensure the flexible use of Estonian airspace for civil and national defence purposes, the Government of the Republic will establish a committee for the management of the use of airspace at the Ministry of Economic Affairs and Communications.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(2) The committee will comprise representatives of the Ministry of Economic Affairs and Communications, the Ministry of Defence, the Defence Forces and the Civil Aviation Administration. The committee may involve representatives of other administrative agencies and other specialists in the performance of its functions.
[RT I 2004, 81, 541 – entry into force 10.12.2004]
(3) The committee will monitor the implementation of the principles of the use of airspace in Estonia and make proposals for the implementation of these principles.
[RT I 2008, 52, 290 – entry into force 22.12.2008]
(4) The functions of an airspace management cell specified in Article 5 of Commission Regulation (EC) No 2150/2005 laying down common rules for the flexible use of airspace (OJ L 342, 24.12.2005, pp 20–25) are performed on the basis of subsection 34 (5) of this Act by a certified air navigation service provider who provides the air traffic control service in the Tallinn flight information region.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 74.  State aviation safety programme

(1) The purpose of the state aviation safety programme is the management of fields relating to aviation safety at the national level for the purpose of raising the level of safety of civil aviation. The topics covered by the aviation safety programme include safety policy and objectives, management of safety risks, safety assurance and safety promotion.
(2) The national aviation safety programme is implemented by the Ministry of Economic Affairs and Communications and the Civil Aviation Administration whose competence includes the development and implementation of aviation safety measures.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 75.  National facilitation programme

(1) The purpose of the national facilitation programme is to simplify the formalities relating to border crossing of aircraft engaged in international flights and the of their travellers, crews, cargo, mail and stores.
(2) The national facilitation programme will be prepared and implemented by the Ministry of Economic Affairs and Communications in cooperation with the relevant authorities and undertakings.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

Chapter 2 MANUFACTURE, MAINTENANCE, AIRWORTHINESS AND ENVIRONMENTAL ELIGIBILITY OF AIRCRAFT 
[RT I 2003, 23, 143 - entry into force 15.03.2003]

§ 8.  EASA aircraft production and maintenance organisation and certificate thereof

[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(1) The production or maintenance organisation of an aircraft falling within the limits of the competence of the European Aviation Safety Agency (EASA) specified in Article 4(1) of Regulation (EC) No 216/2008 of the European Parliament and of the Council (hereinafter EASA aircraft) is an organisation certified to manufacture or maintain an EASA aircraft or a component thereof, which has the required structure, installations, facilities and equipment, staff with sufficient knowledge, skills and experience as well as a quality system in order to perform work within the scope approved under the certificate issued by the Civil Aviation Administration.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(2) The procedure for the issue, amendment, suspension and revocation of certificates of EASA aircraft production or maintenance organisations will be established by the minister responsible for the field.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(3) An EASA aircraft production or maintenance organisation must comply with the requirements established by Commission Regulations (EU) No 748/2012 and (EC) No 2042/2003.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(4) A state fee must be paid for reviewing the initial application for a certificate of an EASA aircraft production or maintenance organisation, for reviewing an application for amendment of a certificate, and for maintaining the certificates of the aforementioned organisations.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 9.  Airworthiness, continuing airworthiness of EASA aircraft and continuing airworthiness management organisation

[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(1) An EASA aircraft is airworthy if it complies with the requirements established in the Annex to Commission Regulation (EU) No 748/2012, which is certified by a certificate of airworthiness or a restricted certificate of airworthiness.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(2) An EASA aircraft is continuously airworthy if it meets the requirements established in Annex I to Commission Regulation (EC) No 2042/2003, which is certified by an airworthiness review certificate.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(3) Continuing airworthiness management organisation means a person who meets the requirements established in Annex I to Commission Regulation (EC) No 2042/2003, which is certified by a continuing airworthiness management organisation approval certificate.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(4) An EASA aircraft may be operated if the aircraft has a valid certificate of airworthiness and an airworthiness review certificate.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]
(5) The procedure for the issue, amendment, suspension and revocation of certificates specified in subsections (1) – (3) of this section will be established by the minister responsible for the field.
(6) A state fee must be paid for reviewing an application for a certificate of airworthiness or a restricted certificate of airworthiness and for an airworthiness review certificate, for reviewing an application for the extension of the validity of an airworthiness review certificate, and for reviewing an application for and for maintaining a continuing airworthiness management organisation approval certificate.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 91.  Continuing airworthiness of non-EASA aircraft

(1) An aircraft specified in Article 4(4) of Regulation (EC) No 216/2008 of the European Parliament and of the Council (hereinafter non-EASA aircraft) continues to be airworthy if it is maintained and its continued airworthiness is managed in accordance with the established requirements and it has a valid certificate of airworthiness.
(2) The operator of a non-EASA aircraft is responsible for the continuing airworthiness of the aircraft and ensures that flights are performed with it only if the non-EASA aircraft is airworthy and all the requirements for the maintenance and management of airworthiness of the non-EASA aircraft are followed.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 92.  Tasks related to management of continuing airworthiness of non-EASA aircraft

(1) The continuing airworthiness of a non-EASA aircraft, including the serviceability of the operational and emergency equipment, is ensured by:
1) a pre-flight inspection of the non-EASA aircraft;
2) rectification of the defects and malfunctions that affect the safe operation of the non-EASA aircraft, taking into account the minimum equipment list of the non-EASA aircraft;
3) maintenance in accordance with the maintenance programme;
4) meeting the airworthiness requirements in force, including, inter alia, the airworthiness directives and operation directives affecting airworthiness, which have been issued by the competent authority of the state of manufacture or the state of design and to the general precepts of the Director General of the Civil Aviation Administration;
5) performance of modification and repairs in accordance with the maintenance data of the non-EASA aircraft, which includes, inter alia, the airworthiness requirements and the data issued by the type design approval holder of the non-EASA aircraft or component;
6) the performance of flight tests, when necessary.
(2) The owner of a non-EASA aircraft may contract a continuing airworthiness management organisation to perform the task of managing continuing airworthiness specified in subsection (1) of this section. In such an event the continuing airworthiness management organisation assumes responsibility for the appropriate performance of these tasks.
(3) In case of a non-EASA aircraft with a maximum take-off mass of over 2730 kg or a turbine-powered non-EASA aircraft, the owner must ensure that the continuing airworthiness management tasks are performed by a continuing airworthiness management organisation. In such an event the organisation assumes responsibility for the appropriate performance of these tasks.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 93.  Pre-flight inspection of non-EASA aircraft

(1) A pre-flight inspection of a non-EASA aircraft is carried out on the basis of the flight manual or maintenance programme of the type design approval holder of the non-EASA aircraft or that of the production organisation or manufacturer of the non-EASA aircraft, in order to be certain that the non-EASA aircraft is ready for the flight.
(2) The activities relating to a pre-flight inspection will be established by a regulation of the minister responsible for the field.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 94.  Maintenance of non-EASA aircraft, maintenance programme and approval thereof

(1) ‘Maintenance’ means any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of a pre-flight inspection of a non-EASA aircraft.
(2) Upon carrying out maintenance, all the relevant requirements arising from the maintenance data of the non-EASA aircraft must be fulfilled.
(3) A component installed on a non-EASA aircraft, the lifetime of which is expressed in calendar time, landings or cycles must not exceed the service life limit specified in the maintenance programme, unless the Civil Aviation Administration grants permission to exceed the life limit.
(4) The maintenance of a non-EASA aircraft is managed in accordance with the maintenance programme of the non-EASA aircraft. The maintenance programme and the amendments thereto must be approved by the Civil Aviation Administration.
(5) The maintenance programme must comply with the following requirements:
1) contain details, including frequency, of all maintenance to be carried out, including any specific tasks linked to specific operations;
2) specify the person who issues a certificate of release to service;
3) comply with the maintenance data of the non-EASA aircraft.
(6) The Civil Aviation Administration will refuse to approve the maintenance programme and amendments thereto if the programme does not comply with the requirements provided for in subsection (5) of this section.
(7) The list of topics covered by the maintenance programme and the requirements for the drafting of the maintenance programme will be established by a regulation of the minister responsible for the field.
(8) More detailed requirements for the maintenance of non-EASA aircraft and components will be established by a regulation of the minister responsible for the field.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 95.  Modification and repair of non-EASA aircraft

(1) The modifications and repairs of a non-EASA aircraft are carried out in accordance with the maintenance data.
(2) If a non-EASA aircraft does not have any maintenance data for the planned modifications and repairs, the data approved by the Civil Aviation Administration may be used.
(3) The data specified in subsection (2) of this section must contain the following:
1) application for the modification and repair;
2) drawings, descriptions and guidelines relating to the modification and repair;
3) where necessary, a document that contains calculations and a description of the tests and alterations of the balancing of the non-EASA aircraft, in order to demonstrate that the alteration ensures continuing airworthiness;
4) where necessary, an annex to the flight manual of the non-EASA aircraft;
5) where necessary, a list of additional work.
(4) The Civil Aviation Administration will not approve the data of the modification and repairs of an aircraft if the continuing airworthiness of the non-EASA aircraft is not ensured as a result of the modification and repairs.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 96.  Maintenance staff of non-EASA aircraft

(1) The maintenance of a non-EASA aircraft may be carried out by:
1) certifying staff that holds an aircraft maintenance licence with a relevant type rating in accordance with Part 66 of Annex III to Commission Regulation (EC) No 2042/2003;
2) certifying staff that holds a aircraft maintenance licence with a relevant type rating issued by a member state of the International Civil Aviation Organisation, which is approved by the Civil Aviation Administration;
3) the owner of a non-EASA aircraft who holds a pilot licence (hereinafter pilot-owner);
4) a maintenance organisation holding an approval certificate in accordance with subsection 911 (2) of this Act;
5) a certified maintenance organisation accepted by the Civil Aviation Administration or supervised by the competent authority of a foreign state and released from the authorisation obligation based on § 22 of the General Part of the Economic Activities Code Act.
(2) A pilot-owner specified in clause 3) of subsection (1) of this Act may carry out maintenance of a non-EASA aircraft whose maximum take-off mass is 2730 kg and that is operated only under the visual flight rules.
(3) Only a certified maintenance organisation specified in clause 4) of subsection (1) of this section is allowed to carry out the maintenance of a non-EASA aircraft with a maximum take-off mass of over 2730 kg or a turbine-powered non-EASA aircraft.
(4) The maintenance of the components of a non-EASA aircraft may be carried out by:
1) a maintenance organisation approved by the Civil Aviation Administration in accordance with Part 145 of Annex II to Commission Regulation (EC) No 2042/2003, which has appropriate rating for the maintenance of the given component;
2) a maintenance organisation holding an approval in accordance with subsection 911 (2) of this Act, which has appropriate rating for the maintenance of the given component;
3) a certified maintenance organisation accepted by the Civil Aviation Administration or supervised by the competent authority of a foreign state or released from the authorisation obligation based on § 22 of the General Part of the Economic Activities Code Act, which has an appropriate rating for the maintenance of the given component.
(5) A component that has been installed on a non-EASA aircraft and the maintenance of which does not require the removal of the component from the aircraft and the maintenance of which has been described in the maintenance data of the aircraft, may be maintained by a maintenance organisation holding a certificate in accordance with subsection 911 (2) of this Act, which is not rated for component maintenance.
(6) The list of permitted maintenance carried out by a pilot-owner specified in clause 3) of subsection (1) of this section will be established by a regulation of the minister responsible for the field.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 97.  Certificate of release to service of non-EASA aircraft and component thereof

(1) A certificate of release to service is issued after the proper completion of the maintenance of a non-EASA aircraft or a component thereof if the issuer of the certificate is convinced that all the required work has been done in accordance with the requirements and the maintenance entries have been made.
(2) The certificate of release to service of an aircraft is issued by:
1) certifying staff specified in clauses 96 (1) 1) and 2) of this Act and defined in the maintenance programme;
2) certifying staff specified in clauses 96 (1) 1) and 2) of this Act and authorised by the maintenance organisation, or
3) the owner-pilot regarding maintenance that the pilot-owner is authorised to carry out under the maintenance programme.
(3) A component certificate of release to service of a non-EASA aircraft is issued by authorised certifying staff of the maintenance organisation.
(4) In order to issue the certificate of release to service of a non-EASA aircraft, the authorised certifying staff of the maintenance organisation must, in addition to the aircraft maintenance licence specified in clauses 96 (1) 1) and 2) of this Act, have:
1) at least six months of practical maintenance experience with a non-EASA aircraft of the relevant subcategory in the preceding two-year period;
2) knowledge of the maintenance requirements of the maintained non-EASA aircraft and procedures of the maintenance organisation.
(5) To issue the component certificate of release to service of a non-EASA aircraft, authorised certifying staff of the maintenance organisation must have:
1) at least three months of practical maintenance experience in maintaining a component of the relevant category rating in the preceding year;
2) knowledge of the maintenance requirements of the maintained component and the procedures of the maintenance organisation.
(6) The list of data entered on certificates of release to service of non-EASA aircraft and components will be established by a regulation of the minister responsible for the field.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 98.  Continuing airworthiness records of non-EASA aircraft

(1) The continuing airworthiness records of a non-EASA aircraft consist of the following:
1) the certificate of release to service;
2) the non-EASA aircraft logbook, engine logbook, propeller logbook and auxiliary power unit logbook, and log cards or passports of service life limited components;
3) the technical log of the non-EASA aircraft;
4) the weight and balance report;
5) the flight manual of the non-EASA aircraft.
(2) The owner of the non-EASA aircraft and the continuing airworthiness management organisation are responsible for making all the required entries to airworthiness records.
(3) The list of data to be entered in airworthiness records, the record system and the period of keeping the records will be established by a regulation of the minister responsible for the field.
[RT I, 26.02.2015, 2 – entry into force 01.03.2015]

§ 99.  Requirements for continuing airworthiness management organisation of non-EASA aircraft

(1) The continuing airworthiness management organisation must comply with the following requirements:
1) it must have an exposition that it adheres to upon managing continuing airworthiness and that contains instructions, guidance, procedures and rules of operation or work practices, and which covers the scope of work permitted under the certificate of the continuing airworthiness management organisation;
2) it must provide the staff with facilities and equipment required for performing their duties;
3) it must have valid maintenance data for the performance of its duties;
4) it must have competent staff for the performance of its duties;
5) it must have maintenance programmes for all non-EASA aircraft whose continued airworthiness it manages.
(2) To meet the requirement specified in clause 4) of subsection (1) of this section, the continuing airworthiness management organisation must have the following responsible persons:
1) the accountable manager who, as a representative of the organisation, is responsible for ensuring that continuing airworthiness management is financed and performed in accordance with the established requirements;
2) the continuing airworthiness manager who is responsible to the accountable manager for ensuring that the organisation complies with the continuing airworthiness management requirements;
3) the person responsible for organisational review and for monitoring the proper compliance with the procedures of the continuing airworthiness management organisation.
(3) The airworthiness manager must have the following knowledge, background and experience:
1) the qualifications of an engineer or aircraft maintenance mechanic
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